Understanding Title IX

Sexual Harassment:

Sexual harassment is an umbrella term that includes the following types of prohibited conduct:

• Quid pro quo sexual harassment
• Hostile environment sexual harassment
• Sexual Assault
• Dating Violence
• Domestic Violence
• Stalking

Sexual harassment also includes harassment on the basis of pregnancy, gender identity, and sexual orientation.  

Quid Pro Quo Sexual Harassment

A university employee conditions the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct.

Hostile Environment Sexual Harassment 

unwelcome sex-based conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s programs or activities.

Sexual Assault 

Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent (such as incapacitation, age, family relation to the other party, or intellectual or other disability).  Sexual Assault can be committed by or against individuals of any sex or gender and can occur between individuals of the same sex/gender or different sexes/genders.  The university will rely on the definition of sexual assault provided in the federal Uniform Crime Reporting system, which includes the following:

i. sexual intercourse with another person, including oral or anal sexual intercourse, or the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;

ii. touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;

iii. sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; or

iv. sexual intercourse with a person who is under the statutory age of consent.

Dating Violence 

Any act of 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 is determined based on a consideration of the length, type, and frequency of interactions between the persons involved in the relationship.

Domestic Violence

A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by 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.

Stalking 

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

Sex Discrimination

Sex discrimination is adverse treatment of an individual based on a protected characteristic, rather than individual merit.  

Definitions of related terms 

Consent

Requires voluntary and freely given agreement, through words and/or actions, to engage in mutually-agreed upon sexual activity.  Consent cannot be obtained through force, where there is a reasonable belief of the threat of force, or when the other person is incapable of providing consent, including because of Incapacitation. In evaluating whether Consent has been freely sought and given, the university will consider the presence of any force, threat of force, or coercion; whether the Complainant had the capacity to give consent; and whether the communication (through words and/or actions) between the parties would be interpreted by a reasonable person (under similar circumstances and with similar identities) as a willingness to engage in a particular sexual act.

Coercion

Overcoming resistance or unwillingness by actual or threatened violence or undue pressure. The totality of the circumstances of the alleged Coercion will be considered including, but not limited to, the frequency, intensity, and duration of the alleged coercive behavior and whether the Complainant was isolated from others during the alleged incident.

Incapacitation

The inability, temporarily or permanently, to give Consent because the individual is mentally and/or physically impaired, either voluntarily or involuntarily, or the individual is unconscious, asleep or otherwise unaware that the sexual activity is occurring. In addition, an individual is incapacitated if they demonstrate that they are unaware at the time of the incident of where they are, how they got there, or why or how they became engaged in a sexual interaction.  When alcohol or other drugs are involved, Incapacitation is a state of drunkenness, intoxication, or impairment that is so severe that it interferes with a person’s capacity to make informed and knowing decisions.  In evaluating Consent in cases of reported Incapacitation, the university asks two questions: (1) Did the Respondent know that the Complainant was incapacitated? and if not, (2) Would an unimpaired, reasonable person in a similar set of circumstances as the Respondent have known that the Complainant was incapacitated? If the answer to either of these questions is “yes,” there was no Consent.

Violence

The use of, or threatened use of, physical force with intent, effect, or reasonable likelihood of causing pain, harm, injury, or damage to any person or property.

Title IX Sexual Harassment & Related Conduct Policy

GW's Title IX Sexual Harassment & Related Conduct Policy governs the university's response to all reports of sexual harassment, sexual assault, dating and domestic violence and stalking for all GW community members, including students, faculty, staff and other affiliates.

Prohibited Relationships with Students Policy

GW's Prohibited Relationships with Students Policy prohibits, with few exceptions:

1. All sexual or amorous relationships between undergraduate students at the university and teachers and staff as defined in the policy. 
2. All sexual or amorous relationships between graduate students at the university and teachers and staff as defined in this policy, who have or may have in the future an instructional, evaluative, or supervisory responsibility over the graduate student while the graduate student is enrolled at the university.

Protection of Minors Policy

GW's Protection of Minors Policy provides information on reporting obligations related to the abuse and neglect of minors as well as sexual abuse of minors, including children.

Equal Opportunity, Nondiscrimination, Anti-Harassment, and Non-Retaliation Policy

GW's Equal Opportunity, Nondiscrimination, Anti-Harassment, and Non-Retaliation Policy states that The George Washington University does not unlawfully discriminate against any person on the basis of protected characteristics or any other basis prohibited by federal law, the District of Columbia Human Rights Act, or other applicable law. This policy covers all programs, services, policies, activities, and procedures of the university, including participation in education programs and employment.

Student Code of Conduct

GW's Student Code of Conduct is the primary document governing non-academic student behavior. It defines prohibited conduct for students and student organizations and sets up a conduct system to address reported violations and preserve student rights.

Student Discrimination Report Procedures

GW's Student Discrimination Report Procedures provide an adequate, reliable, and impartial channel for resolution of reports from students of unlawful discrimination on the basis of age, color, disability, gender, gender identity or expression, genetic information, marital or familial status, national origin, pregnancy, race, religion, sex, sexual orientation, veteran status, and/or other characteristics protected by applicable law in any of the policies, procedures, programs, or activities of or by any faculty member employed by or acting in an official capacity for The George Washington University. 

Non-Retaliation Policy

GW's Non-Retaliation Policy prohibits retaliation against individuals who make a good-faith report of possible unethical conduct or violations of laws, regulations, or university policies, and/or who provide information or participate in a complaint review process. In addition, the Title IX Sexual Harassment and Related Conduct Policy has provisions related to the prohibition of retaliation.