Campus from the Water

Questions? Contact Us

Kelly A. Smolinsky
Student Conduct Officer
kasmolinsky@smcm.edu

Location: The Office of Student Conduct is located in the Campus Center, Room 150.

Phone: 240-895-3181
or 240-895-4208
Fax: 240-895-4898

Sexual Misconduct: Policy and Definitions

To help students understand behaviors that constitute sexual misconduct, we have provided the following definitions adopted by St. Mary's College of Maryland. These definitions are provided in addition to sexual offenses as defined by Maryland Annotated Code.

Definition of Terms/Policies for:

Sexual Misconduct, Intimate Partner Violence, Stalking and Sexual Harassment

St. Mary's College is committed to maintaining an environment free from all forms of sexual exploitation and intimidation. The College will not tolerate sexual misconduct including rape, sexual misconduct, sexual harassment, stalking, intimate partner violence or other forms of unwanted sexual activity. The College takes a proactive stance against sexual misconduct and has in place sexual misconduct policies and protocols which are designed to promote:

  • the physical and emotional health and safety of the survivor and accused
  • the common safety of the St. Mary's College community
  • the protection of all involved from undue embarrassment or publicity
  • that SMCM faculty, staff, and administration are transparent to the community in their responses to incidents of sexual misconduct and responsive to their obligations under Title IX
  • a coordinated and consistent response
  • confidentiality

These policies and procedures refer to a person who has been the victim of a sexual misconduct as the "victim", "survivor" or "complainant." This code refers to a person accused of sexual misconduct as the "accused" or "respondent." The on-campus conduct process determines if a violation of campus policy has occurred and is in no way a criminal investigation or a determination if a law has been broken.

To help students understand behaviors that constitute sexual misconduct, intimate partner violence, stalking and sexual harassment we have provided the following definitions adopted by St. Mary's College of Maryland. These definitions are provided in addition to sexual offenses, rape, sexual harassment, and stalking as defined by the Maryland Annotated Code.

Effective Consent: Effective consent is defined as willingly, freely and knowledgably agreeing to engage in sexual conduct. Consensual sexual conduct is a mutual decision reached by both parties without any hint of force, threat, coercion, pressure, fraud, manipulation, intimidation, or reasonable fear of injury. Consent cannot be given if the victim is mentally or physically incapacitated (for example, due to excessive use of alcohol or drugs or a mental or physical condition). Silence, passivity, or lack of active resistance does not imply consent. In addition, previous participation in sexual activity does not indicate current consent to participate. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent can be withdrawn at any point during sexual activity.

Sexual Misconduct: Sexual Misconduct is defined as any activity of a sexual nature that violates another individual's physical or emotional well-being or personal space without that person's explicit permission. Any and all non-consensual sexual activity and any non-consensual behavior of a sexual nature constitute violation of the College's Sexual Misconduct Policy.  Violations of the College's Sexual Misconduct Policy will be adjudicated under the prescribed procedures outlined in Article V, Section 3 of this Code.  

Sexual Misconduct I: Sexual Penetration. Any act(s) of forcible or non-consensual sexual penetration, however slight, of another person's anal, genital, or oral opening with any object or body part.

Sexual Misconduct II: Sexual Contact. Any act(s) of touching of an unwilling person's intimate parts (defined as genitalia, groin, breast, or buttocks, or clothing covering them) or forcing an unwilling person to touch intimate parts.

Sexual Misconduct III: Sexual Exploitation. Any act which takes non-consensual, unjust or abusive sexual advantage of another, either for their own advantage or benefit, or for the advantage or benefit of anyone other than the one being exploited. This behavior includes but is not limited to:

  • Utilizing any electronics for the purpose of posting or publishing and/or capturing images of a sexual act without the consent or knowledge of the involved parties
  • Publishing, recreating, or reproducing images of a sexual act without the knowledge or consent of the parties involved
  • Peeping tommery/voyeurism
  • Unwanted exposure to pornographic material
  • Inducing incapacitation for the purpose of having sex with the incapacitated person regardless if sexual activity actually takes place
  • Prostitution

Intimate Partner Violence: Any acts of physical or psychological harm against a current or former intimate partner including dating violence, and/or relationship violence. Intimate Partner Violence may occur between people of the same or different sexes and does not require sexual intimacy between those involved.

Intimate Partner Violence I: Physical Harm. Any act(s) that use physical force or weapons against another person with the potential for causing death, disability, injury, or harm. Physical violence includes, but is not limited to, scratching, pushing, shoving, throwing, grabbing, biting, choking, shaking, slapping, punching, burning, use of a weapon and/or use of restraints or one's body size or strength.

Intimate Partner Violence II: Threat of Physical Harm. The act(s) of threatening or using words, gestures, or weapons to communicate an intent or strong desire to cause death, disability, injury, or physical harm upon a current or former intimate partner.

Intimate Partner Violence III: Psychological/Emotional Harm. Any acts, threats of acts, or coercive tactics used to degrade or control an intimate partner. This can include, but is not limited to, humiliation, controlling what another can and cannot do, withholding information, deliberately doing something to make an individual feel diminished or embarrassed, isolating someone from friends and family, and denying an individual access to money or other basic resources.

Stalking:  Any course of harassing, threatening, or intimidating conduct that an individual has willfully and repeatedly (more than once) engaged in that reasonably and seriously alarms, torments, or terrorizes another individual or group of individuals. Stalking behaviors may include, but are not limited to repeated: abusive and excessive contact and/or monitoring using telephone calls, voice mails, emails, instant messaging, text messages, and/or social media to one's home or work; installing spyware on a person's computer or phone without consent; trespassing; following and/or threatening an individual or a person's friends and relatives; driving/walking by a person's home, school, and/or work; or vandalizing property.       

Sexual Harassment: For the purpose of this policy, the College adapts the sexual harassment definition promul­gated by the Equal Employment Opportunity Commission (EEOC) to the academic setting. Unwelcome sexual advances, unwelcome requests for sexual favors, and other verbal or physical behavior of a sexual nature constitute sexual harassment when:

1. Submission to or rejection of such conduct or communication is a term or condition of education benefits, academic evaluations, or opportunities

2. Submission to or rejection of such conduct or communication has the effect of substantially interfering with a student's education

3. Such conduct is sufficiently severe, pervasive, and objectively offensive as to have the effect of creating an intimidating, hostile or offensive environment sufficient to deny an individual education benefit of participant in activities