Sexual Assault

Sexual assault includes any conduct that involves non-consensual sexual penetration or nonconsensual personal contact of a sexual nature.  Under the UO Student Code of Conduct, sexual assault is referred to as sexual misconduct.  Applicable definitions from the Student Code of Conduct are as follows.

Sexual misconduct includes: 

  1. Unwanted sexual penetration:  any degree of insertion, however slight, of the penis or any object into the vagina or anus, or the penis into the mouth, of another person, or causing the penetration of another person, when one:
    1. Does not first obtain explicit consent from that person; or
    2. Knows or should have known the person was incapable of consent by reason of mental disorder, mental incapacitation, or physical helplessness.
  2. Nonconsensual personal contact of a sexual nature: 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 person when a reasonable person would know that such contact would cause emotional distress:
    1. Without having first obtained explicit consent; or
    2. 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.

For purposes of the University’s Student Code of Conduct regarding sexual misconduct, the following definitions apply:

 

Explicit consent:  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.

Mental disorder:  a person suffers from a mental disease or disorder that renders that person incapable of appraising the nature of the conduct or another person.

Mental incapacitation:  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.

Physical helplessness:  a person is unconscious or for any other reason is physically unable to communicate unwillingness to engage in an act.

Information and Resources

Students who have experienced sexual violence are strongly encouraged to report their experience so that the University can provide resources and services, and can address the inappropriate behavior.  Options for reporting and available resources are provided in Support for Students Who Have Experienced Sexual Harassment or Sexual Assault.

Questions regarding the UO Student Code of Conduct regarding sexual misconduct can be answered by the Office of Student Conduct and Community Standards (541-346-1140).

UO employees with credible information that sexual violence or any other form of gender discrimination is occurring or has recently occurred have a duty to report that information to their supervisor or to the Office of Affirmative Action & Equal Opportunity.