APPENDIX

Acts of Violence - Acts of violence include any physical actions, with or without a dangerous weapon, whether intentional or in reckless disregard, that harms or threatens the safety of another individual in the workplace.

 

Threat of Violence - A threat of violence is any act or statement, which by its very nature causes a reasonable person to fear for his/her safety or that of another person.

 

Domestic Violence - A pattern of coercive behavior that is used by one person to gain power and control over another which may include physical violence; sexual, emotional or psychological intimidation; verbal abuse; stalking or economic control.  Domestic violence occurs between people of all racial, economic, educational, religious backgrounds; in heterosexual and same sex relationships, living together or separately, married, or unmarried, in short term or long-term relationships.  Domestic violence is a major cause of injury to women, although men may also be victims of such violence.

 

Dating Violence – A pattern of physical, emotional verbal and/or assaultive and controlling behaviors that one person uses against another in order to gain or maintain power and control in the relationship.

 

Relationship Violence – includes both domestic violence and dating violence.

 

Intentional - Intentional is a state of mind that exists when circumstances are such that a person either actively desires or, in the ordinary course of human experience, must have known, that the consequences of his/her act or failure to act would result from his/her action or inaction.

 

Stalking – the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress.  Stalking shall include but not be limited to the intentional and repeated uninvited presence of the perpetrator at another person’s home, workplace, school or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted.

 

Dangerous Weapon - A "dangerous weapon" means any firearm, knife, gas, liquid, or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm.

 

Sexual Assault - Any non-consensual physical contact of a sexual nature, whether by an acquaintance or by a stranger, is a sexual assault.  Physical resistance need not occur to fulfill the definition of sexual assault.  Consent CAN NEVER be given by anyone under the age of sixteen.  Sexual Assault includes, but is not limited to the following:

  • Rape
  • Acquaintance rape (friend, classmate, peer, co-worker, partner, etc.)
  • Incest
  • Sexual assault with an object
  • Forcible sodomy
  • Forcible oral sex
  • Forcible fondling

 

Consent- Consent is the equal approval, given freely, willingly, and knowingly of each participant to desired sexual involvement.  Consent is an affirmative, conscious decision- indicated clearly by words or actions- to engage in mutually accepted sexual contact.  Consent must be ongoing and can be revoked at any time.  Consent to some sexual acts does not imply consent to others, nor does past consent to a particular act imply present consent.

 

A person forced to engage in sexual contact for force, threat of force, or coercion has not consented to contact.  Lack of mutual consent is the crucial factor in any sexual assault.  Consent CANNOT be given if a person’s ability to resist or consent is substantially impaired because of a mental or physical condition or if there is a significant age or perceived power differential.  Examples include, but are not limited to being:

  • Unconscious
  • Frightened
  • Physically or psychologically pressured or forced,
  • Intimidated
  • Substantially impaired because of a psychological health condition
  • Substantially impaired because of voluntary intoxication
  • Substantially impaired because of the deceptive administering of any drug, intoxicant or controlled substance.

 

Workplace -Workplace includes all facilities, premises or equipment and any location, leased or otherwise, where NLTCC employees are engaged in college business.