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Plain Language Definitions

Title IX

These plain language definitions are to provide guidance and assistance only. The complete definitions for these offenses at Yeshiva may be found in the Non-Discrimination and Anti-Harassment Policy (PDF). For the criminal definitions, see the New York statutes for , and .

Sex Discrimination: Discrimination on the basis of sex including discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.  

Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, or other verbal, physical, demonstrative, or electronic conduct or communication of a sexual nature, which is directed at an individual because of that individual鈥檚 sex, sexual orientation, sexual identity, gender identity.  

Sexual assault: A sexual act without affirmative consent. Sexual assault includes a broad range of behaviors including rape, fondling, or other physical behaviors when the victim has not given consent or lacks the ability to do so.  

Consent: More accurately affirmative consent, is often referred to as 鈥測es means yes鈥 which replaced the outdated 鈥渘o means no鈥. Affirmative consent is a voluntary, retractable, clear, and unambiguous agreement to participate in a sexual act and must be freely given every time a sexual act takes place. Affirmative consent cannot be given if a person is incapacitated, unconscious, a minor, unable to audibly and visibly be understood, or between persons with an unequal power dynamic or status.   

Incapacitation: When a person lacks the ability to knowingly choose to participate in sexual activity. This includes when decision-making ability is impacted, when a person lacks awareness of consequences, lacks the ability to make informed judgments, lacks the capacity to appreciate the nature and the quality of the act, and when their level of consciousness is below normal. 

Domestic violence: A violent crime committed by a current or former partner, co-parent, roommate or housemate, or any person who could be considered to be like a spouse.  

Dating violence: Violence committed by a person who is or has been in a romantic or intimate relationship with the victim.   

Stalking: When someone engages in conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress. Stalking can be in person, via a third party, or via electronic means of communication.  

 

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