Definitions when used in the Honor Code

The term “bullying” is defined as a pattern of conduct directed at another person or group that is severe, pervasive or persistent and is of a nature that either would or does cause a reasonable person in the victim's position substantial emotional distress and undermines his or her ability to engage in learning or participate in his or her regular life activities or participate in the activities of the University.

The term “consent” means permission. It is clear, given knowingly and voluntarily, either by actions or by words by someone with the capacity to give it. It must be explicit and not implied. Consent to some sexual activity cannot (i.e., kissing) cannot be presumed as consent for other sexual activity (i.e., intercourse). A past relationship or prior consenting sexual activity does not constitute consent for future sexual activity. Silence on the part of an individual and/or failure to resist does not constitute his/her consent.  Incapacitated persons cannot give consent. A person may be incapacitated as a result of drugs or alcohol (voluntary or involuntary), as a result of being unconscious, unaware of his/her surroundings and/or disoriented so as to not understand what is happening. If the person is mentally incompetent, if the person is asleep, if the person is unconscious for any reason, if the person feels threatened or unsafe to deny consent, or if the person is a minor. Such a person is physically helpless and therefore incapable of giving consent.

The term “Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship

The term "days" means business days as defined by the University academic calendar.

The term “destructive device” means any explosive, incendiary, or poison bomb, grenade, mine, rocket, missile, or similar device and includes the unassembled components from which such a device can be made. The term "distribution" means giving, selling, or exchanging.

The term “Domestic violence” means violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies [under VAWA], or any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction The term "group" means a number of persons who are associated with each other but who have not complied with University requirements for recognition as an organization.


The term “harassment” means conduct that is so severe, pervasive, and objectively offensive, and that so undermines and detracts from the student(s) educational experience, that the student(s) are effectively denied equal access to an institution’s resources and opportunities. 


The term “Hate Speech” is defined as the use of any pejorative terms, phrases or names for groups used in a way that is clearly intended to insult or defame individuals from that group and/or create a hostile environment.

The term "hazing" means any action or situation which recklessly or intentionally endangers mental or physical health; creates an atmosphere of servitude; involves dangerous, demeaning or ridiculing activities; involves the forced consumption of alcohol or drugs; for the purpose of initiation, admission into, affiliation with, or as a condition of continued membership in, a group or organization.


The term “incivility” is defined as verbally abusive or harassing behavior which demeans, belittles, or intimidates another member of the learning community because of personal characteristics or beliefs or their expression.

The term "intentionally" means a conscious objective to engage in the described conduct; intoxication is not a defense to a charge of intentional misconduct.


The term "notify in writing" means to mail written notice to the student's most recent address of record, or to send electronic notification to the student's official University email account, or to provide a hand written notice to the student in person.

The term "organization" means a number of persons who have complied with University requirements for recognition.


The term “possession” means having actual knowledge of a substance or property or being in such close proximity to the substance or property that it is a reasonable presumption that one had knowledge of the substance or property.

The term "reckless" means conduct which could reasonably be expected to create a substantial risk of harm to a person(s) or property, or which would be likely to result in interference with normal University or University-sponsored activities.


The term “sexual exploitation” means the taking of non-consensual or abusive sexual advantage of another: by a person(s), or the inducement of another person to do the same, for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to: · Invasion of sexual privacy; · Prostituting another student; · Non-consensual video or audio taping of sexual activity; · Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you have consensual sex); · Engaging in voyeurism; · Knowingly transmitting an STD or HIV to another student; · Exposing one’s genitals in non-consensual circumstances; · Inducing another to expose their genitals; s.

The term “Sexual Harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Conduct constitutes sexual harassment when: submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or participation in a university-sponsored education program or activity; submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such an individual; or such conduct has the purpose or effect of unreasonably interfering with an individual's employment or academic performance or creating an intimidating, hostile, or offensive working or educational environment. t. The term "sexually abusive contact" means sexual intercourse, anal intercourse, oral intercourse, touching of the genitals, breast, buttocks, or inner thighs, sodomy or any other physical conduct or touching of a sexual nature without explicit consent and/or by force. u.

The term "stalking" means the unwanted pursuit of another person. By its nature, stalking is not a one-time event. It is a course of behavior directed at a specific person(s) involving repeated visual or physical proximity, non-consensual communication, expressed or implied threats of death or bodily harm, or a combination thereof, causing a reasonable person fear. Stalking can occur whether that person is a total stranger, slight acquaintance, current or former intimate partner or anyone else. Stalking behaviors may include: persistent patterns of leaving or sending the person(s) unwanted items or gifts ranging from seemingly romantic to bizarrefollowing the person(s) lying in wait for the person(s) harassing the person(s) via the internet or other forms of online and computer communications (i.e. Cyberstalking).


The term "student" means any person admitted or matriculating at the University in any student status, including but not limited to a degree granting program, consortia program, study abroad, professional studies, online education, or any other University sponsored or sanctioned program. Persons also to be considered “students” under the Code include persons who withdraw after allegedly violating the Code, who are currently serving a period of suspension, who are not officially enrolled for a particular term but who have a continuing relationship with the University, who have been notified of their acceptance for admission are considered "students," or persons who are living in University residence halls, although not enrolled in this institution. 
 

The term "University premises" means buildings or grounds owned, leased, operated, controlled, or supervised by the University.


The term "University-sponsored activity" means any activity, on or off campus, which is partially or fully funded or supervised by the University or an employee of the University.


The term "weapon" means any object or substance designed to inflict a wound, cause injury or incapacitate including, but not limited to, any device from which a shot readily capable of producing death or serious injury may be discharged; any knife other than an ordinary pocket knife or leatherman tool; sharp tools such as axes; billy or nightstick; blackjack or slapjack; nunchaku karate stick; shuriken or death star; and artificial knuckles made from metal, plastic or similar hard material.

The term "week" means five (5) business days as defined by the University academic calendar. aa. The term "University official" includes any person employed by or contracted to provide services for Spalding University, performing assigned administrative or by professional responsibilities.

The term "University resources" means supplies, equipment, or technology services (e.g., computers, disk storage, software, voice communications (local or long distance,) network) which are owned, leased, operated, controlled, supervised, or provided by the University via University supplied resources. These resources may be funded in part by state funds.


The terms "University," “campus,” and "institution" mean Spalding University.