In compliance with the Violence Against Women Act (VAWA), City Vision University (CVU) provides the following definitions and training to raise awareness and to prevent sexual harassment and assault, as applicable to its fully-online context.

Introduction

CVU is committed to preventing sexual harassment and assault within its Educational Programs and Activities.

While the university upholds Biblical standards for its community, it recognizes that sexual violence is a distinct and egregious violation of both law and the sanctity of the person. The university’s response to sexual violence is categorical and distinct from its response to any other moral infractions under its Code of Conduct. See our Title IX Policy for more on this, including the contact information for the Title IX Coordinator, to whom offenses should be reported.

Definitions

What is Sexual Harassment?

Unwelcome conduct, determined by a reasonable person, to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to CVU’s Education Programs and Activities.

• Quid Pro Quo: Explicit or implied conditioning of CVU’s aids, benefits, or services on a person’s participation in unwelcome sexual conduct.
• Hostile Environment: Unwelcome sexual conduct that, based on the totality of the circumstances, is so severe, pervasive and objectively offensive that it limits or denies a person’s ability to participate in or benefit from CVU’s Education Programs or Activities.

What is sexual assault?

1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

• Under federal law, this definition applies regardless of the gender of the victim or perpetrator.

2. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

What is consent?

Consent is a knowing, voluntary, and mutual decision among all participants to engage in the particular sexual activity at issue. Consent can be given by words or actions, but those words or actions must create clear permission regarding willingness to engage in the sexual activity at issue.

• Sexual contact must be consensual at all times. Consent to one sexual activity or consent to prior sexual activity does not grant consent in future sexual activity. Consent can be withdrawn at any time. For example, agreeing to kiss someone does not give that person permission to remove clothes or touch other parts of the body.
• When consent can no longer be given, sexual activity must stop. Consent cannot be legally given by a minor, by someone who is incapacitated by drugs or alcohol, or if someone is physically incapable.
• Silence or lack of resistance does not grant consent. If someone becomes silent, tense or motionless, or is visibly upset during any sexual activity, these may be signs that consent has not been given, regardless of the body’s physiological responses.

What is Dating/Domestic Violence?

• Dating Violence: Violence, committed by a person, who is in or has been in a social relationship of a romantic or intimate nature with an individual. The existence of such a relationship shall be determined based on the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition, Dating Violence includes but is not limited to, sexual or physical abuse or the threat of such abuse. Dating Violence does not include acts covered under the definition of Domestic Violence.
• Domestic Violence: Violence, including but not limited to, sexual or physical violence committed by a current or former spouse or intimate partner of an individual, by a person with whom the individual shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the individual as a spouse or intimate partner, or by a person similarly situated to a spouse of the individual under the domestic or family violence laws of the state where the alleged misconduct occurred, or by any other person against an adult or youth individual who is protected from that person’s acts under the applicable domestic or family violence laws of the state where the alleged misconduct occurred.

To categorize an incident as Domestic Violence, the relationship between the Respondent (person alleging domestic violence) and the Complainant (person alleged to have committed domestic violence) must be more than just two people living together as roommates.

What is Stalking?

Stalking is engaging in a course of conduct directed at a specific person that causes a reasonable person to fear for their safety, the safety of others, or to suffer substantial emotional distress.

• Stalking Behavior: Two or more acts of the following (but not limited to), done by the person directly, indirectly, or through third parties, by any action, method, device, or means may be evidence of stalking:
  • Following
  • Monitoring
  • Surveilling
  • Threatening
  • Threatening a person’s physical property

Cyberstalking

Cyberstalking is the use of the internet or other technology to harass people online. This can occur through emails, text messages, social media posts, GPS tracking, catfishing, with the intention to be deliberate, persistent, and cause fear, stress, and worry.

Stalking and Social Media

The use of social media has created an opportunity for cyberstalking to become accessible and to occur more frequently.

Signs You’re Being Stalked on Social Media:

• The person follows you online by joining the same groups and forums
• The person comments on or likes every post that you make
• The person private messages you repeatedly
• The person hijacks your social media accounts
• The person posts fake photos of you
• You receive explicit photos online 

Tips on Avoiding Stalking on Social Media

• Keep your profile private through your settings
• Turn off your location while using apps/avoid tagging your location
• Hide your friends list so stalkers avoid duplicating or contacting your friends
• Switch up your usernames for different social media platforms
• Don’t share more information than necessary (i.e., birth dates, relationship status, email, phone number)
• Delete old accounts
• Change your settings to not approve messages from people you do not follow

Scope of Authority

The university’s disciplinary authority for the above extends to:

• LMS Interactions: Harassment occurring within Canvas discussion and announcement threads.
• Zoom/Video Conferencing: “Zoom bombing,” flashing, or verbal harassment during synchronous sessions.
• Cyberstalking: Electronic pursuit that interferes with a student’s access to education, even if the perpetrator and victim are in different states.

For criminal investigation of physical acts (Domestic Violence, Sexual Assault), the student should contact their local police department (911), not the university. The university investigates policy violations; the police investigate crimes.

Digital Bystander Intervention

In an online classroom, you are the community. If you see cyberbullying or harassment in a discussion board, do not assume the professor has seen it. Take action using the “4 D’s”, below.

Bystander Strategy	On-Campus Higher Education Context Example	Online/Digital Context Example
Direct	“Hey, leave him/her alone.”	Typing in the Zoom chat: “That comment was inappropriate/offensive. Please stop.” or Unmuting to interrupt harassment.
Distract	Spilling a drink; asking for directions.	Flooding the chat with positive emojis/comments to bury the harasser’s text. Changing the subject during a video call to de-escalate.
Delegate	Telling an RA.	Emailing the professor immediately. Directly contacting the Title IX Coordinator.
Delay	Checking on the victim after the incident.	Sending a private Direct Message (DM) to the victim: “I saw what happened in the forum. Are you okay? Do you need help reporting that?”