Sexual harassment is a form of sex discrimination and is a violation of Calvary Bible College and Theological Seminary policy as well as federal and state statutes. Calvary Bible College and Theological Seminary views with the utmost seriousness offenses against an individual such as stalking, inappropriate sexual touching, sexual assault, and any other form of non-consensual sexual activity.
For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, sexual assault, and all other verbal and physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status;
- Submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting an individual;
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive environment in which to work or learn.
Calvary Bible College and Theological Seminary considers harassment a very serious matter. Any person found to be engaging in sexual harassment will be subject to disciplinary action, up to and including dismissal from Calvary Bible College and Theological Seminary or its residence halls.
Examples of Sexual Harassment
Sexual harassment can be directed toward a person of the opposite sex or same sex and can take many forms. Sexual harassment may occur regardless of the intention of the person engaging in the conduct. The following are some examples of conduct which, if unwelcome, may constitute sexual harassment, depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness:
- Sexual advances (whether they involve physical touching or not);
- Requests for sexual favors in exchange for actual or promised academic or job benefits such as favorable grades or continued employment;
- Sexual jokes;
- Use of sexual epithets, written or oral references to sexual conduct, gossip regarding one’s sex life, and comments on an individual’s body, sexual activity, deficiencies, or prowess;
- Displaying sexual objects, pictures, written materials, or cartoons;
- Leering, brushing against the body, sexual gestures or suggestive or insulting comments;
- Sexual exhibitionism;
- Inquiries into one’s sexual activities;
- Cyber-harassment including non-consensual videos or audio recordings of sexual activity;
- Sexual assault or coerced sexual acts.
The most egregious form of sexual harassment is sexual assault which will not be tolerated at Calvary Bible College and Theological Seminary. Not only does any form of sexual assault violate Calvary's institutional policies of purity, it also violates federal and state laws.
For the purposes of sexual assault violations, the following definitions apply:
A person who attempts to or knowingly causes another person to engage in a sexual or deviate sexual act
- By using force against that other person; or
- By threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or
- By rendering another person unconscious and thereby engaging in a sexual act with that other person; or
- By administering to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby—
- Substantially impairing the ability of that other person to appraise or control conduct; and
- Engages in a sexual act with that other person; or
- By causing another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping); or
- By engaging in a sexual act with another person if that other person is—
- Incapable of appraising the nature of the conduct; or
- Physically incapable of declining participation in, or communicating unwillingness to engage in that sexual act;
commits sexual assault (Revised from Missouri Revised Statutes Chapter 566.).
Calvary Bible College and Theological Seminary defers to current Missouri Revised Statutes (RSMO) Chapter 566 regarding specific definitions of sexual assault.
Although ANY sexual activity is prohibited by Calvary's institutional purity policies, please be informed of the following definitions and guidelines as defined by federal and/or state law.
Consent and Communication
Consent is an understandable exchange of affirmative words or actions that indicate a willingness to participate in mutually agreed upon sexually explicit touching or sexual penetration. Consent must be informed and freely and actively given. It is incumbent upon each individual involved in the activity to either obtain or give consent prior to any sexual activity, and again, prior to sexual penetration. If at any time during the sexual interaction any confusion or ambiguity should arise on the issue of consent, it is incumbent upon each individual involved in the activity to stop and clarify, verbally, the other’s willingness to continue.
- A verbal “no,” even if it may sound indecisive or insincere, constitutes lack of consent.
- When consent is requested verbally, absence of any explicit verbal response constitutes lack of consent.
- It is expected that, after consent has been established, a person who changes his/her mind during the sexual activity will communicate through words or actions his/her decision to no longer proceed.
- Past consent to sexual activity does not imply future on-going consent, and the fact that two persons are in an on-going relationship does not preclude the possibility that sexual misconduct or sexual assault might occur within that relationship.
- A student’s use of alcohol and/or other drugs does not diminish a student’s responsibility to obtain consent.
Sexually explicit touching is the unwanted touching of another person in a sexual manner. Examples of sexually explicit touching include, but are not limited to, the touching, either directly or through clothing, of another person’s genitalia, breasts, inner thigh, or buttocks of any person with a clothed or unclothed body part or object. Sexually explicit touching through the use of coercion or where the person is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity is considered sexual assault.
Coercion is the use of force, or the threat of force; the use of a threat of immediate or future harm; or the use of physical or severe and/or pervasive emotional intimidation to cause or attempt to cause another person to engage in or submit to certain activities. Coercion also includes the administration of a drug, intoxicant, or similar substance that impairs the faculties of a person.
Incapacity is defined as a person incapable of giving consent because he/she is asleep, unconscious, losing or regaining consciousness, or clearly mentally or physically incapacitated. Signs of being incapacitated include, but are not limited to, difficulty walking, inability to speak in a coherent manner, and vomiting or the presence of vomit.
Clear communication is required by Sexual Assault definitions, which require each participant to obtain and give consent before engaging in any sexual activity. Relying solely upon nonverbal communication is not sufficient. Communication is a foundational process that affects all of our relationships and interactions. Any sign of reservation or hesitation should be clarified verbally before proceeding.
Alcohol and Other Drugs
In addition to it being a violation of Calvary Bible College and Theological Seminary's institutional rules and regulations, the consumption of alcohol and/or the use of drugs often lowers inhibitions, can cause some people to become more aggressive, and always impairs judgment. Sexual activity with someone who has consumed alcohol or drugs creates the potential for later dispute over questions of consent. Sexual activity with a person who is thus impaired may be considered a violation of the law and the Student Code of Conduct. Conversely, being under the influence of alcohol is not an excuse for committing sexual assault.
It is a violation of Calvary Bible College and Theological Seminary's policy and Missouri law to have any sexual activity with someone who is unable to give consent because of alcohol or drugs or other impairment. If your partner is very drunk, you may be guilty of sexual misconduct even if your partner said yes.