Sexual Misconduct Definitions - State of Illinois

Dating Violence

Dating violence means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

Domestic Violence

Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victims current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

Force or Threat of Force

Force or threat of force means the use of force or violence or the threat of force or violence, including, but not limited to:

1. When the accused threatens to use force or violence on the victim or on any other person, and the victim under the circumstances reasonably believes that the accused has the ability to execute that threat; or

2. When the accused overcomes the victim by use of superior strength or size, physical restraint, or physical confinement.

Sexual Abuse

A person commits criminal sexual abuse if that person:

1. Commits an act of sexual conduct by the use of force or threat of force; or

2. Commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent.

Sexual Assault

Sexual assault is:

1. An act of sexual penetration under the use or threat of force; or

2. An act of sexual penetration where the accused knows that the victim is unable to understand the nature of the act or is unable to give knowing consent; or

3. An act of sexual penetration in which the accused delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception for other than medical purpose; or

4. An act of sexual penetration on a victim under the age of consent by Illinois definition.

Sexual Conduct

Sexual conduct means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused or any part of the body of a child under 13 years of age or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.

Sexual Harassment

Sexual harassment is a form of harassment that may involve the behavior of a person that occurs when such behavior constitutes unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical behavior of a sexual nature where:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education or employment; or

2. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual’s welfare; or

3. Such conduct has the purpose or effect of substantially interfering with an individual’s welfare, academic or work performance, or creates an intimidating, hostile, offensive, or demeaning education or work environment.

Sexual Penetration

Sexual penetration means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.

Stalking

A person commits stalking when they knowingly engage in a course of conduct directed at a specific person, and they know or should know that this course of conduct would cause a reasonable person to:

1. Fear for their safety or the safety of a third person; or

2. Suffer other emotional distress.

Note: The above definitions are meant for illustrative purposes and are subject to change. The University reserves the right to interpret any of these definitions in any manner supported by law.