Ball State University defines sexual misconduct as sexual intercourse (anal, oral, or vaginal) or sexual touching (including disrobing or exposure), however slight, with any object, by a man or woman upon a man or a woman, without effective consent.
Effective consent is informed, freely and actively given, mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. Consent is not effective if it results from the use of force, threats, intimidation, or coercion.
In addition, to have sex with someone who you know to be, or should know to be incapable of making a rational, reasonable decision about a sexual situation is a violation of this policy (e.g. an
intoxicated person or someone with a mental or emotional impairment).
Ball State University respects and fully endorses the Sexual Assault Victims Bill of Rights (www.bsu.edu/sa/dean/sexassault) which provides protection, guidance, and options for complainants of sexual misconduct. This includes such principles as:
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Every complainant will be treated with dignity and respect.
Every complaint will be taken seriously and thoroughly investigated regardless
of the complainant’s gender or the gender of the accused.
The University will assist the complainant in obtaining necessary medical
attention and counseling. |
The prior sexual histories of any party in a sexual misconduct complaint are inadmissible in University judicial proceedings. The only exception to this rule will be when a party can demonstrate the relevance of past sexual relations between the parties and the issue of consent and/or when the accused wishes to demonstrate physical evidence in the complaint which can be attributed to another party. The University Review Board retains the right to consider these exceptions and their admissibility in closed session.
(Citation: from Brett Sokolow, JD, NCHERM)