What is Title IX • Sexual Misconduct • Power-Based Violence?

ULM does not discriminate, or tolerate discrimination, against any member of its community on the basis of sex (including pregnancy, sexual orientation, or gender identity) in matters of admissions, employment, or in any aspect of the educational programs or activities it offers. As a recipient of federal financial assistance for education activities, ULM is required by Title IX of the Education Amendments of 1972 to ensure that all of its education programs and activities do not discriminate on the basis of sex.

Sexual harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination, which are prohibited under Title IX. Furthermore, ULM’s Sexual Misconduct and Power Based Violence Policy prohibits all types of sexual misconduct, including sexual exploitation and power-based violence. This policy also prohibits retaliation against any person opposing sex discrimination, sexual misconduct and power-based violence or participating in any sex discrimination, sexual misconduct and power-based violence investigation or complaint process internally or externally.

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Definitions

• Title IX: Title IX prohibits discrimination on the basis of sex in educational institutions, requires colleges and universities receiving federal funding to combat gender-based violence and harassment, and respond to survivors’ needs in order to ensure that all students have equal access to education. 

 

• Sexual Misconduct: Is a sexual act or contact of a sexual nature that occurs, regardless of personal relationship, without the consent of the other person(s), or that occurs when the person(s) is unable to give consent or whose consent is coerced or obtained in a fraudulent manner. For the purpose of this Policy, sexual misconduct includes, but is not limited to, sexual harassment, sexual assault, sexual abuse, violence of a sexual nature, dating violence, domestic violence, stalking and sexual exploitation.

 

• Power-based Violence:  Any form of interpersonal violence intended to control or intimidate another person through the assertion of power over the person, to include the following:
  • a. Dating violence (R.S. 46:2151(C)).
  • b. Domestic abuse and family violence (R.S. 46:2121.1(2) and 2132(3)). For the purpose of this Part, domestic abuse shall also include any act or threat to act that is intended to coerce, control, punish, intimidate, or exact revenge on the other party, for the purpose of preventing the victim from reporting to law enforcement or requesting medical assistance or emergency victim services, or for the purpose of depriving the victim of the means or ability to resist the abuse or escape the relationship.
  • c. Nonconsensual observation of another person's sexuality without the other person's consent, including voyeurism (R.S. 14:283.1), video voyeurism (R.S. 14:283), nonconsensual disclosure of a private image (R.S. 14:283.2), and peeping tom activities (R.S. 14:284).
  • d. Sexual assault (R.S. 14:41, 42 through 43.5, 89, 89.1, and 106).
    • i. Sexual Battery (14:43.1)
    • ii. Misdemeanor sexual battery (14:43.1.1)
    • iii. Second degree sexual battery (14:43.2)
    • iv. Oral sexual battery (14:43.3)
    • v. Female genital mutilation (14:43.4)
    • vi. Intentional exposure to HIV (14:43.5)
    • vii. Crime against nature (14:89)
    • viii. Aggravated Crime against nature (14:89.1)
    • ix. Obscenity (14:106)
  • e. Sexual exploitation means an act attempted or committed by a person for sexual gratification, financial gain, or other advancement through the abuse of another person's sexuality including prostituting another person (R.S. 14:46.2 and 82 through 86).
    • i. Human trafficking (14:46.2)
    • ii. Prostitution (14:82)
    • iii. Prostitution of person under 18 (14:82.1)
    • iv. Purchase of commercial sexual activity (14:82.2)
    • v. Solicitation for prostitutes (14:83)
    • vi. Inciting prostitution (14:83.1)
    • vii. Promoting prostitution (14:83.2)
    • viii. Prostitution by massage (14:83.3)
    • ix. Sexual massages (14:83.4)
    • x. Pandering (sexual) (14:84)
    • xi. Letting premises for prostitution (14:85)
    • xii. Enticing persons into prostitution (14:86)
  • f. Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature when the conduct explicitly or implicitly affects an individual's employment or education, unreasonably interferes with an individual's work or educational performance, or creates an intimidating, hostile, or offensive work or educational environment and has no legitimate relationship to the subject matter of a course or academic research.
  • g. Stalking (R.S. 14:40.2) and cyberstalking (R.S. 14:40.3).
  • h. Unlawful communications (R.S. 14:285).
  • i. Unwelcome sexual or sex or gender-based conduct that is objectively offensive and has a discriminatory intent. 

 

You can find more definitions here on pages 2- 7 of our Sexual Misconduct and  Power-Based Violence Policy.