Sexual Misconduct and Abuse
Sexual misconduct and abuse is non-consensual physical contact of a sexual nature, and can occur between acquaintances or parties unknown to each other. The Pennsylvania State University will not tolerate sexual misconduct or abuse. These acts degrade the victims, our campus community, and society in general. While the University cannot control all the factors in society that lead to sexual misconduct and abuse, the University strives to create an environment that is free of acts of violence.
The issue of consent, and whether or not it was freely given, is central to determining whether or not a violation of sexual misconduct or abuse occurred. When investigating incidents of sexual misconduct and abuse, the Office of Student Conduct meets with all parties involved and takes law enforcement and medical reports into account in order to determine whether or not consent was given. It is important to note that a person may be unable to give consent if they are under the influence of alcohol or drugs. The decision to charge and sanction a student for violating the Student Code of Conduct is based upon this information.
Sexual misconduct and abuse includes, but is not limited to, nonconsensual touching, exhibitionism/voyeurism, nonconsensual penetration, nonconsensual oral sex, intercourse without consent, under conditions of force, threat of force, fear or when a person is unable to give consent because of substance abuse (including intoxication), captivity, sleep or disability.