Denitions
State Law Federal Law OU Policy
Stalking - is a willful course of conduct involving
repeated or continuing harassment of another
individual that would cause a reasonable
person to feel terrorized, frightened, intimidated,
threatened, harassed, or molested and that
actually causes the victim to feel terrorized,
frightened, intimidated, threatened, harassed, or
molested.
Stalking - means engaging in a course of
conduct directed at a specic person that would
cause a reasonable person to:
• Fear for the person’s safety or the safety of
others; or
• Suer substantial emotional distress.
For the purposes of this denition:
• Course of conduct means two or more
acts, including, but not limited to, acts
which the stalker directly, indirectly, or
through third parties, by any action,
method, device, or means follows, monitors,
observes, surveys,
threatens, or communicates to or about, a
person, or interferes with a person’s property.
• Substantial emotional distress means
signicant mental suering or anguish
that may, but does not necessarily, require
medical or other professional treatment or
counseling.
• Reasonable persons means a
reasonable person under similar
circumstances and with similar
identities to the victim.
Stalking - means a course of conduct
composed of a series of 2 or more separate
non-continuous acts directed at a specic
person that would cause a reasonable person
to feel terrorized, frightened, intimidated,
threatened harassed, or molested for his or her
safety or to suer substantial emotional distress.
Consent - is not dened by Michigan law.
However, a person consents to a sexual act by
agreeing to it freely and willingly, without force
or coercion.
Consent - means a freely given agreement to
the conduct at issue by a competent person.
An expression of lack of consent through words
or conduct means there is no consent. Lack
of verbal or physical resistance or submission
resulting from the use of force, threat of force,
or placing another person in fear does not
constitute consent. A current or previous dating
or social or sexual relationship by itself or the
manner of dress of the person involved with
the accused in the conduct at issue shall not
constitute consent.
A sleeping, unconscious, or incompetent person
cannot consent. A person cannot consent
to force causing or likely to cause death or
grievous bodily harm or to being rendered
unconscious. A person cannot consent while
under threat or in fear.
Consent - is an armative, unambiguous,
and conscious decision by each participant to
engage in mutually agreed upon sexual activity
and does not imply consent for other forms of
sexual activity. Consent to sexual activity on
one occasion is not consent to engage in sexual
activity on another occasion. Silence does not
imply consent. Consent to engage in sexual
activity with one person does not imply consent
to engage in sexual activity with another. If
coercion, intimidation, threats, or physical force
are used there is no consent; if a person is
mentally or physically incapacitated or impaired
so that such a person cannot understand the
fact, nature or extent of the sexual situation,
there is no consent; this includes impairment
or incapacitation due to alcohol or drug
consumption, or being asleep or unconscious.
OU Sexual Misconduct Policy
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