Rape: is vaginal intercourse against the victim’s (either male or female) will, without consent*, whether the victim’s will is overcome by force, by fear, or by intimidation resulting from the threat of force, or by drugs administered without consent or when the victim is unconscious or otherwise physically unable to communicate consent* by a person or persons known or unknown to the victim. Sanction for violation: expulsion.

Anal Rape: is anal intercourse against the victim’s will, without consent*, whether the victim’s will is overcome by force, by fear, or by intimidation resulting from the threat of force, or by drugs administered without consent*, or when the victim is unconscious or otherwise physically unable to communicate consent*, by a person or persons known or unknown to the victim. Sanction for violation: expulsion.

First degree sexual assault: Actual nonconsensual* or forcible oral intercourse, attempted vaginal intercourse, attempted oral intercourse, attempted anal intercourse, digital penetration or penetration by an object by a person or persons known or unknown to the victim. Sanction for violation: disciplinary suspension.

Second degree sexual assault: Includes, but is not necessarily limited to, any actual or attempted nonconsensual* or forcible sexual touching, including fondling, kissing, groping, or grabbing by a person or persons know or unknown to the victim. Range of sanctions for violation: disciplinary warning to disciplinary suspension.

*Definition of Consent: Consent requires speech or conduct indicating a freely given agreement to have sexual intercourse or participate in any sexual activities. More specifically, consent is sometimes easier to define in terms of what it is not. At Dana College, consent is not:

• Silence
• Having sex with someone who is under the influence* of alcohol or other drugs and whose judgment is impaired.**
• Being under the influence* of alcohol or other drugs.
• Assuming someone wants to have sex because they "look like they want it."
• Personally interpreting any other nonverbal signals to mean someone "wants to."
• Having a current or previous sexual relationship.
• Assuming "no" means "yes"
• Pressuring someone until they stop saying "no."

"Under the influence" means that the person has consumed alcohol or other drugs. This does not require proof of intoxication according to a legal definition.

** "Impaired judgment" means to have sexual intercourse with a person who is under the influence of alcohol or other drugs is considered to be rape, because a person under the influence is legally unable to give informed consent.
 
Definition of Sexual Harassment
For purposes of interpretation, sexual harassment shall be defined as any unwanted or unwelcome sexual conduct such as: sexual, derogatory or suggestive comments, physical conduct or propositions backed by implied threats of losing, raising, or lowering work or academic status and/or forces sexual relations.

Examples of unwanted or unwelcome sexual conduct include, but are not limited to, the following:

1. Verbal behavior that my include: sexual innuendo, suggestive comments, insults, derogatory jokes about sex or gender specific traits, sexual propositions, threats of a sexual nature, and openly sexist behavior.
2. Nonverbal behavior that my include: suggestive or insulting sounds, leering, whistling, and obscene gestures.
3. Physical behavior that may encompass: body contact of a sexual suggestive nature, brushing the body or coerced sexual acts.

It is asserted that unwelcome sexual advances, whether verbal or physical, are prohibited when any one or more of the following may result:

1. A submission to such advances is either an explicit or implicit condition of a person’s employment or education.
2. Submissions to rejection of the advance affects the job or educational standing person holds.
3. The conduct substantially interferes with the employee’s or student’s work performance or creates an intimidating, hostile, or offensive educational or work environment.