Definitions

What is gender-based violence?

1. Consent

To engage in sexual activity, consent must exist from beginning to end of each instance of sexual activity. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in a specific sexual activity. Silence alone, without actions evidencing permission, does not demonstrate consent.  Consent must be knowing and voluntary.

To give consent, a person must be of legal age. Assent does not constitute consent if obtained through coercion or from an individual whom the alleged offender knows or reasonably should know is incapacitated.  The responsibility of obtaining consent rests with the person initiating sexual activity. Use of alcohol or drugs does not diminish one’s responsibility to obtain consent.  Consent to engage in sexual activity may be withdrawn by any person at any time. Once withdrawal of consent has been expressed, the sexual activity must cease. Consent is automatically withdrawn by a person who is no longer capable of giving consent.  A current or previous consensual dating or sexual relationship between the parties does not itself imply consent or preclude a finding of responsibility.

2. Sexual Assault

Sexual intercourse or attempted intercourse that is perpetrated against the will of another; or not forcibly or against the person's will where the victim is incapable of giving consent. Examples include, but are not limited to, forced insertion, oral copulation, and rape by foreign object, or sodomy. Sexual assault is an egregious form of sexual harassment and it is a crime.

3. Sexual Battery

The unwanted touching of an intimate part of another person, such as a sexual organ, buttocks, or breast.

4. Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other visual, verbal, or physical conduct or communication of a sexual nature.

5. Stalking

As defined in the Criminal Code of the State of Louisiana, is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Stalking shall include but not be limited to the intentional and repeated uninvited presence of the perpetrator at another person's home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted.

6. Dating Violence

Includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one dating partner against the other.

7. Domestic Abuse

Physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one family or household member against another.

What is amnesty?

Students and student organizations may be reluctant to seek medical assistance for themselves or others in instances of alcohol or drug intoxication for fear of facing disciplinary action from the University. In order to promote an ethic of shared responsibility and community support, Loyola University encourages students/student organizations to assist others, both on and off campus, by calling for medical assistance in instances of excessive alcohol and/or drug use. This policy is meant to ensure the health and wellbeing of Loyola students by removing the threat of a conduct violation in the instances where medical assistance is required due to excessive alcohol or drug intoxication.

Students/student organizations that seek medical assistance for themselves or another student due to intoxication of alcohol and/or drugs will be exempt from formal conduct charges for the mere possession or use of alcohol or drugs. In order to receive the benefit of this policy the following conditions must be met:

1. The student(s)/organization called emergency services and reported that a person was in need of assistance due to alcohol or drug intoxication

2. The student(s)/organization who called for assistance provided each of their names to the emergency service operator

3. The student(s)/organization who made the call to emergency services remained with the person in need until assistance arrived and cooperated with the emergency services and/or law enforcement personnel on the scene

In some cases, the student may be required to meet with Office of Student Affairs staff in order to be eligible. If required, a staff member will contact the student to schedule an appointment. Students granted amnesty under this policy may also be required to complete an educational program regarding alcohol or other drugs, counseling or complete a substance abuse assessment as determined by the appropriate University official. Failure to complete the educational or other requirements may be subject to disciplinary action. This policy only applies to a student’s alcohol and/or drug policy violation; it does not apply

1. To other violations of the Code of Conduct that may have occurred in conjunction with the alcohol/drug violation, including but not limited to sexual assault, distribution of drugs or controlled substances, property damage, or hazing.

2. In the event of repeated violations of the Alcohol and/or Drugs and Controlled Substances policy.

3. In cases where the student(s) wait until after police or other authority’s arrive before seeking assistance.

4. With respect to civil claims or criminal charges for violations of local, state and/or federal law.

5. To actions taken by New Orleans Police or other law enforcement personnel. 

What is bystander intervention?

To encourage a relationship between personal behavior and the quality of campus life, all community members have an affirmative duty to take reasonable action to prevent, stop, or report violations of the Code of Conduct. Students are prohibited from:

1. Encouraging or permitting others to engage in misconduct

2. Failing to confront, prevent, or report misconduct to a University official, which may include intervention, contacting University Police, or submitting an Incident Reporting Form.

3. Failing to remove oneself from a situation in which misconduct is occurring To promote community responsibility and bystander intervention, reporting students may be protected by Amnesty, as outlined in Section 2 of the Code of Conduct. 

To learn more about becoming an active bystander, attend a Step Up! training. 

Consent does not equal.