Sexual Conduct

The Belmont community upholds high moral standards in regard to responsibly expressed sexual behavior, creating a climate of mutual respect. Acts that demean the dignity and beauty of human sexuality conflict with university moral standards of responsibility. Specific behaviors of sexual misconduct include, but are not limited to: sexual behavior outside of marriage, sexual harassment, rape, sexual assault, other non-consensual sex offenses and possession or distribution of pornographic materials. Sexual misconduct also includes instances of sexual activity with persons who have a mental disability or who are physically incapacitated because they are under the influence of alcohol and/or drugs, and who are therefore legally incompetent to give consent. Persons engaged in sexual misconduct are subject to disciplinary action. Certain acts prohibited under this policy are also illegal under state and/or federal law and may be prosecuted as criminal acts.

Definitions:

  • Sexual harassment is implicit or explicit behavior of sexual nature used to control, influence or affect the well-being of a person; physical conduct or verbal innuendo of a sexual nature that creates an intimidating, hostile, offensive environment.
  • Rape is forced sexual intercourse without consent through the use of threatening verbal language, gestures or tone of voice; or through physical actions or restraint.
  • Sexual Assault is any incident forcing another person to perform a sexual act against her/his will or consent.
  • Obscene Materials must be both (1) materials in which a reasonable person, applying contemporary Belmont community standards, when considering the contents as a whole, would conclude that they appeal to prurient sexual/physical interests or violently subordinating behavior rather than an intellectual or communicative purpose, and (2) materials that, taken in to regarding their content and their particular usage or application, lack any redeeming literary, scientific, political, artistic or social value.