SEXUAL OFFENSE POLICY STATEMENT
Western Kentucky University is committed to providing an atmosphere of higher learning in which students can achieve their goals and potential. The University is committed to creating and maintaining a community in which all persons who participate in university programs and activities, as well as all guests and visitors while on university property, can work together in an atmosphere free from all forms of assault, exploitation, or intimidation, including that which is sexual in nature. Because the personal safety of the students, staff and faculty is a priority, WKU will not tolerate sexual assault or sexual misconduct.
Kentucky state law also prohibits such conduct. Perpetrators of this behavior are subject to university sanctions as well as criminal and civil penalties. Guests and visitors are held responsible for their actions while on university property. Students are responsible for the supervision of their guests.
Definitions Associated with Sexual Offenses
Sexual Misconduct / Sexual Abuse: attempting or making sexual contact with a person against his/her will OR with a person who is physically, mentally, or legally unable to give consent. Sexual Misconduct includes, but is not limited to, inappropriate touching or fondling of intimate body parts.
Sexual Assault / Rape: sexual intercourse or penetration (anal or vaginal) with another person by means of forcible compulsion, or with a person incapable of consent by reason of age and/or mental or physical incapacity. Physical/Mental incapacity includes, but is not limited to, persons who are unconscious, under the influence of drugs or alcohol, or otherwise unable to communicate consent.
Consent: the positive cooperation in an act; an attitude in accordance with a behavior; an exercise of free will. The person giving consent or permission must act freely and voluntarily AND have knowledge of the nature of the act involved.
Forcible Compulsion includes physical force or the threat of physical force, expressed or implied, which places a person in fear of immediate death or physical injury or kidnap of self or another person. A victim is not required to fight back. Placing a person in a continual state of fear and/or subjecting that person to an environment of emotional, verbal, or physical duress is sufficient to constitute force.