Barnard Policy Definitions
Discrimination occurs when one experiences negative or adverse conduct based on characteristics protected in this policy and applicable local, state, and federal laws, where such conduct has the effect of denying or limiting one's ability to benefit from and fully participating in educational programs or activities or employment opportunities.
Discriminatory Harassment is harassment on the basis of a protected classification, including harassment of an individual in connection with a stereotyped group characteristic, or because of that person's identification with a particular group. Such harassment is any conduct, verbal, nonverbal, or physical, on or off campus, that has the effect, because of its severity and/or persistence, of unreasonably interfering with an individual or group's educational or work performance or that creates an intimidating or hostile educational, work, or living environment.
Discriminatory harassment includes but is not limited to: epithets or slurs; negative stereotyping; denigrating jokes; and display or circulation in the working, learning, or living environment (including electronic transmission) of written or graphic material.
Retaliation is any action to penalize, intimidate, harass, or take adverse action against a person who makes a report of discrimination or harassment, participates in an inquiry or investigation, or otherwise asserts rights protected by non-discrimination laws.
Consent involves explicit communication. Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression. See below for further discussion of consent.
Dating Violence means behavior that includes any act or threat of act of physical violence, coercion, threats, isolation, or stalking by a person who has been in a romantic or intimate relationship with the Complainant (victim). Dating violence may also include forms of economic or emotional abuse, including behaviors that manipulate, isolate, frighten, threaten, injure, or coerce someone. Whether there was such a relationship will be gauged by its length, type, and frequency of interaction. Dating violence can be a single act or a pattern of behavior in relationships. The parties may be in short or long-term relationships (current or former) intended to provide some emotional/romantic and/or physical intimacy.
Domestic Violence includes assorted violent misdemeanor and felony offenses committed by the complainant’s current or former spouse, current or former cohabitant as a spouse or intimate partner, person similarly situated under domestic or family violence law, or anyone else protected under applicable domestic or family violence law. Domestic violence can be a single act or a pattern of behavior in relationships. The parties may be in short or long-term relationships (current or former) intended to provide some emotional/romantic and/or physical intimacy.
Gender-Based Harassment includes acts of verbal, non-verbal, or physical aggression, intimidation, or hostility based on gender, gender identity, or gender-stereotyping. Gender-based harassment can occur when an individual or group is harassed either for exhibiting stereotypical characteristics of a particular sex or failing to conform to stereotypical notions of masculinity or femininity.
Gender-Based Misconduct comprises a broad range of behaviors focused on sex and/or gender discrimination that may or may not be sexual in nature. Sexual harassment, sexual assault, sexual exploitation, gender-based harassment, domestic violence, dating violence, and stalking can be forms of gender-based misconduct under this policy. Misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship (current or former). Gender-based misconduct can be committed by men or by women, and it can occur between people of the same or different sex or gender identity.
Sexual Assault is any non-consensual intentional physical contact of a sexual nature, such as unwelcome physical contact with a person’s genitals, buttocks, or breasts, or any form of sexual intercourse without consent. Rape1 is a form of sexual assault. Sexual intercourse includes oral-genital contact, anal intercourse, or vaginal intercourse; anal, oral, or vaginal penetration with an object, or forcing someone to engage in anal, oral, or vaginal penetration. Sexual Contact includes: (a) intentional touching of the breasts, buttocks, groin, inner thighs, or genitalia, whether clothed or unclothed, or intentionally touching another with any of these body parts; or (b) making another touch you or themselves with or on any of these body parts.
Sexual assault occurs when the act (non-consensual sexual contact or non-consensual sexual intercourse) is committed by: a) physical force, violence, threat, or coercion; b) ignoring the objections or without the consent of another person; c) causing another's incapacitation through intoxication or impairment through the use of alcohol or other drugs; and/or d) taking advantage of another person's incapacitation by alcohol or drug use, disability, unconsciousness or helplessness which renders them unable to give consent. In accordance with New York State law, a person under the age of 17 lacks the capacity to give consent. (see also the definition of consent).
Sexual Exploitation is non-consensual sexual abuse or exploitation of another; such behavior that does not otherwise constitute another specifically defined behavior. Examples of sexual exploitation include, but are not limited to, non-consensual use of electronics to capture, reproduce, or share images of a sexual nature without consent of parties involved, public indecency or exposing genitals to others without consent, or engaging in voyeurism (observing another when privacy would be reasonably expected, such as watching private sexual activity or viewing another person’s nudity / intimate parts) without consent.
Sexual Harassment is unwelcome conduct of a sexual nature. Sexual harassment may also consist of unwelcome physical contact, requests for sexual favors, visual displays of degrading sexual images, sexually suggestive conduct, or remarks of a sexual nature. Such communication or physical conduct constitute sexual harassment when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or admission to or participation in an academic program or College-sponsored activity; or
- Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment status or academic standing; or
- Such conduct has the purpose or effect of unreasonably interfering with an individual's performance on the job or in the classroom; or
- Such conduct has the purpose or effect of creating an intimidating or hostile work or study environment for an individual or group of individuals.
Sexual harassment can occur regardless of the relationship, position or respective sex of the parties; same sex harassment violates this policy. Harassment because of one's actual or perceived sexual orientation also constitutes a violation of this policy.
Stalking means a course of conduct directed at a specific person that would cause a reasonable person to feel fear for her/his or others’ safety or to suffer substantial emotional distress. Stalking involves repeated and continued behaviors that may include: pursuing or following; non-consensual (unwanted) communication or contact - including face-to-face, telephone calls, voice messages, electronic messages, text messages, unwanted gifts or tokens; trespassing; and surveillance or other types of observation.
 New York Criminal definitions for this and other crimes that may also constitute violation of this policy can be found in the Annual Security Report, found on the Public Safety webpage.