SIENA HEIGHTS UNIVERSITY SAFETY AWARENESS HANDBOOK
Sexual Assault :
• State of Michigan — Sexual assault is any form of unwanted sexual contact obtained without consent and / or obtained through the use of force , threat of force , intimidation , or coercion . 1st degree ( felony ): a sexual act involving penetration ( broadly defined ) and any of the following : Victim is under 13 years old ; victim is 13-15 years old + is a blood affiliation to the defendant , lives in the defendants household , or the defendant is in an authority opposition to the victim ; Multiple actors are involved and force / coercion was used to accomplish the sexual penetration or the victim is incapacitated ( physically helpless , mentally incapacitated or mentally defective ) weapon involved ; personal injury + force / coercion ; personal injury + victim incapacitated ( unable to consent to due age , mental challenged or due to intoxication , date rape drug etc .) or defendant is in the process of committing another felony . 2nd degree ( felony : sexual contact ( no penetration ) with the genital area , groin , inner thigh , buttock or breast , AND any of the circumstances listed for 1st degree CSC . 3rd degree sexual penetration and any of the following : victim is 13-15 years old , force or coercion or victim is incapacitated ( unable to consent to due age , mental challenges , intoxication , date rape drug , etc .) 4th degree ( misdemeanor ) sexual contact and any of the following : force or coercion , victim incapacity ( unable to consent due to age , mental challenges , intoxication , date rape drug , defendant works for the Department of Corrections and victim is an inmate .
• Clery — An offense that meets the definition of rape , fondling , incest , or statutory rape as used in the FBI ’ s Uniform Crime Reporting system . A sex offense is any act directed against another people , without the consent of the victim , including instances where the victim if incapable of giving consent .
• Siena Heights University — Sexual misconduct – Non-consensual sexual activity that occurs as a result of intimidation , threat of force , without active consent , or other coercive behavior on the part of accused , or taking advantage of the mental incapacitation or physical helplessness of the alleged victim . Examples of this include but are not limited to circumstances where consent is expressed but ruled invalid due to coercion ; and / or circumstances where consent is expressed but ruled invalid due to incapacitation .
Stalking :
• State of Michigan — A willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized , frightened , intimidated , threatened , harassed , or molested and that actually causes the victim to feel terrorized , frightened , intimidated , threated , harassed , or molested .
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