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Sexual Conduct Policy at GSU

SEXUAL ASSAULT is defined as sexual penetration, no matter how slight, of the genital, anal, and/or oral opening of the victim by any part of the perpetrator's body or by the use of an object, without the victim's consent or against the victim's will where the victim:

1. is forced or has reasonable fear that the victim or another will be injured if the victim does not submit to the act;
2. is incapable of giving consent or is prevented from resisting due to physical or mental incapacity, which includes, but is not limited to, the influences of drugs or alcohol;
3. suffers from a mental or physical disability.
   

SEXUAL MISCONDUCT is defined as the intentional touching of the victim's intimate parts (primarily genital area, groin, inner thigh, buttock, or breast) without or against the victim's consent. This touching is either directly on the body part or on the clothing covering the body part, or if the victim is forced to touch the intimate areas of the perpetrator.

Georgia Southern University will adjudicate sexual assault and sexual misconduct cases by employing one of the following options:

1. With the consent of both the victim and the accused, the incident may be referred to a certified mediator appointed by the University Judicial Officer. With mediation, the victim and the accused student must agree to a written contract outling agreed upon behavior and must be signed by both parties and the mediator. If mediation is unsuccessful in reaching a written agreement to the satisfaction of both parties, the case will be referred to the Office of Judicial Affairs for adjudication through the formal judicial process. A violation of the contract by either party may result in formal judicial action by the University.
2. A formal hearing before the University Judicial Board or a University Hearing Officer.

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