at the University of Oregon
To report Sexual Misconduct:
In the "I am reporting" selection box, select "Other." Fill out the Incedent Report form, and click the "Submit" button at the bottom of the page.
In the Code
OAR571 021 0105: Definitions
(8) “Contacting” has its common meaning. It includes, but is not limited to, communicating with or remaining in the physical presence of the other person.
(9) “Contact of a Sexual Nature” for purposes of Sexual Misconduct in the Student Conduct Code means the touching of the genitalia, anus, buttocks or breasts of a person or causing such person to touch the genitalia, anus, buttocks or breasts of another.
(13) “Explicit Consent” for purposes of Sexual Misconduct in the Student Conduct Code means voluntary, non-coerced and clear communication indicating a willingness to engage in a particular act. “Explicit consent” includes an affirmative verbal response or voluntary acts unmistakable in their meaning.
(21) “Mental Disorder” for purposes of Sexual Misconduct in the Student Conduct Code means that a person suffers from a mental disease or disorder that renders that person incapable of appraising the nature of the conduct of another person.
(22) “Mental Incapacitation” for purposes of Sexual Misconduct in the Student Conduct Code means that a person is rendered incapable of appraising or controlling one’s own conduct at the time of the alleged offense because of the influence of a controlled or intoxicating substance or because of any act committed upon the person without consent.
(24) “Penetration” for purposes of Sexual Misconduct in the Student Conduct Code means any degree of insertion, however slight, of the penis or any object into the vagina or anus, or the penis into the mouth.
(25) “Physical Helplessness” for purposes of Sexual Misconduct in the Student Conduct Code means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to engage in an act.
(30) “Sexual Misconduct” means:
(a) Unwanted Penetration is Penetration of another person, or causing the Penetration of another person, when one:
(A) Does not first obtain Explicit Consent from that person; or
(B) Knows or should have known the person was incapable of consent by reason of Mental Disorder, Mental Incapacitation, or Physical Helplessness.
(b) Nonconsensual personal contact occurs when a student subjects another person to contact of a sexual nature when a reasonable person would know that such contact would cause emotional distress:
(A) Without having first obtained Explicit Consent; or
(B) When he or she knows or should have known the person was incapable of consent by reason of Mental Disorder, Mental Incapacitation, or Physical Helplessness.
(c) Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that interferes with work or academic performance because it has created an intimidating, hostile, or degrading environment and would have such an effect on a reasonable person of the alleged complainant’s status when the conduct is unwelcome and sufficiently severe or pervasive that it deprives that person of benefits of the University’s educational environment.
OAR571 021 0120: Violations of Community Standards by Individual Students
(3) Standards Relative to the Rights of Individuals and to the Welfare of the University Community. An environment conducive to learning is one where the rights, safety, dignity and worth of every individual are respected. The following conduct endangers such an environment, and threatens the welfare of the University community as a whole:
(h) Sexual Misconduct. A mission of the Student Conduct Code is to encourage good decision-making, personal integrity, and interpersonal behavior that is cooperative rather than coercive and that respects the rights of others. Sexual misconduct violates these values, and is committed when a student engages in sexual behavior described in OAR571 021 0105(30).
(A) A complaint alleging Sexual Misconduct may be filed whenever Sexual Misconduct:
(i) Materially interferes with another person’s academic performance or participation in a University Sponsored Activity, or performance of University employment;
(ii) Is committed on University Premises or at a University Sponsored Activity; or
(iii) Demonstrates reasonable threat to the health or safety of a Member of the University Community or the alleged student survivor.
(B) Sexual gratification or pleasure of any party involved is not relevant to a determination of whether Sexual Misconduct occurred.
(C) A violation of provisions of the alcohol or drug policy in the Student Conduct Code does not affect a person's ability to file a complaint regarding another person’s Sexual Misconduct on the same occasion.
(D) Consent to one form of sexual activity does not automatically operate as consent to any other form sexual activity. A “no” always means that consent is not present, whereas a “yes” to one act at one time does not mean “yes” to other acts or to the same act at other times. Voluntarily making oneself incapacitated does not mean one is giving consent to any form of sexual activity.