Gender-Based and Sexual Misconduct

Members of the College community, guests and visitors have the right to be free from sexual violence and discrimination. All members of the College community are expected to conduct themselves in a manner that does not infringe upon the rights of others. A partial list of College sexual misconduct policy violations is listed below.

Sexual Harassment

Unwelcome sex-based conduct or unwelcome conduct of a sexual nature. The College encourages the reporting of all sexual harassment to a supervisor and/or the Title IX Coordinator. To impose discipline on a harasser, sexual harassment must also meet the definition of hostile environment, quid pro quo, and/or retaliation:

  • Hostile Environment
    • Includes situations where harassment is sufficiently severe, pervasive or persistent, and objectively offensive that it unreasonably interferes with, limits, or denies the ability to participate in or benefit from College’s educational or employment program or activities.  Sanctions can be imposed for the creation of a hostile environment. The determination of whether an environment is “hostile” must be based on all the circumstances.
  • Quid Pro Quo
    • When there are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature where submission to, or rejection of, such conduct results in adverse educational or employment action. Quid pro quo harassment may also exist when a threat of adverse action or a promise of a benefit is explicitly conditioned on submission to, or rejection of, such requests.
  • Retaliation
    • When an individual harasses, intimidates, or takes other adverse action(s) against a person because of the person’s participation in an investigation of discrimination or sexual misconduct or their support of someone involved in an investigation of discrimination or sexual misconduct. Retaliatory actions include, but are not limited to, threats or actual violence against the person or their property, adverse educational or employment consequences, ridicule, intimidation, bullying, or ostracism. The College will impose sanctions on any faculty, student, or staff member found to be engaging in retaliation.

Nonconsensual Sexual Intercourse

Any sexual intercourse (anal, oral or vaginal), however slight, with any object, by a person upon another person without consent and/or by force.

Nonconsensual Sexual Contact

Any intentional sexual touching, however slight, with any object, by person upon another person without consent and/or by force.

Sexual Exploitation

Taking nonconsensual or abusive sexual advantage of another. Examples of sexual exploitation include, but are not limited to:

  • Prostituting another student;
  • Non-consensual video or audio recording of sexual activity;
  • Exceeding the boundaries of explicit consent, such as allowing friends to hide in a closet to be witness to one’s consensual sexual activity;
  • Engaging in voyeurism; and/or
  • Knowingly transmitting a sexually transmitted disease/infection or HIV to another student without informing the other person of the infection.

See full policy available in the EC-Book Student Handbook. Portions of this Code of Conduct, reviewed in 2016, are adapted from the model policies and code authored by the National Center for Higher Education Risk Management. Use of this model policy has been licensed to Eckerd College for its Code of Conduct. All other use is strictly reserved to NCHERM under its copyright. Adaptation, use or copying of this code by any institution other than Eckerd College is not permitted without express written authorization by the copyright holders.