Policy regarding Sexual Misconduct

As a Christian institution, of the Lutheran Church Missouri Synod, Concordia University Chicago supports the biblical standard of sexual intercourse only within marriage. However, within our sinful world, we cannot, in good faith, turn our hearts and heads away from the facts that we are all subject to sinful temptation. As such, we recognize that sexual misconduct of any kind, whether in the committed relationship of marriage, or whether within the acts outside the commitment of marriage is immoral and may be illegal. We define such acts as follows:

Sexual Misconduct

The term “sexual misconduct” includes, but is not limited to: inappropriate sexual behavior, sexual harassment, nonconsensual sexual intercourse (or attempts to commit same), and sexual exploitation.

•   Inappropriate Sexual Behavior

     Unmarried students who engage in sexual behavior will be subject to the disciplinary process.

     The term “sexual behavior” includes Intentional contact with another person’s breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts. Furthermore, the term “sexual behavior” includes Intercourse, however slight, meaning vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact).

•   Sexual Harassment

     Sexual harassment of any employee, student, or applicant for admission to the University is strictly prohibited. Concordia University Chicago defines sexual harassment as including the following behavior: Unwelcome sexual advances; requests for sexual favors; unwelcome touching, fondling, visual display of a sexually disturbing nature, and all other verbal or physical conduct of a sexual nature, when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or a term or condition of an individual’s grade, recommendation, housing, or participation in any educational program or opportunity; or such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working, living or learning environment or unreasonably interfering with an individual’s work or academic performance, academic studies, residential environment or other educational opportunities.

     Conduct that constitutes sexual harassment may vary depending upon the particular circumstances. Sexual harassment is not limited to physical acts but includes all acts of harassment based upon a person’s sex. Behavior that may be experienced as intimidating or offensive, particularly when it recurs or one person has authority over the other, may include actions such as veiled suggestions of sexual activity; offensive comments, jokes, innuendoes, and other statements of a sexual nature; or the use of risqué jokes, stories, or images. Sexual harassment could include inappropriate personal attention given to any employee or a student or an applicant by a supervisor, a teaching assistant, an instructor, a professor, or any other member of the faculty, any officer, or any other person.

•   Nonconsensual Sexual Contact

     Nonconsensual sexual contact is: any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman, without effective consent.

•   Nonconsensual Sexual Intercourse

     Nonconsensual sexual intercourse is: any sexual intercourse (anal, oral, or vaginal), however slight, with any object, by a man or woman upon a man or a woman, without effective consent.

•   Sexual Exploitation

     Sexual exploitation occurs when a student takes or attempts to take nonconsensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

◦   Nonconsensual video or audio-taping of sexual activity.

◦   Prostituting another person.

◦   Going beyond the boundaries of consent.

◦   Attempting to view directly, or through electronic means, another individual in a state of undress.

◦   The sharing of sexually exploitive media.

◦   Knowingly transmitting an STD to another student.


Definition of Effective Consent

Consent may be given by words or actions unmistakable in meaning. In order to be effective, consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. In order to give effective consent, one must be of legal age.

If you have sexual activity with someone you know to be or should know to be mentally or physically incapacitated (alcohol or other drug use, unconsciousness, or blackout), you are in violation of this policy and may be in violation of the law. Any time sexual activity takes place between individuals, those individuals must be capable of controlling their physical actions and be capable of making rational, reasonable decisions about their sexual behavior.

This policy also covers someone whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of a so-called “date-rape” drug. Possession, use, and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc., is prohibited, and administering one of these drugs to another student for the purpose of inducing incapacity is a violation of this policy. Use of alcohol or other drugs will never function to excuse behavior that violates this policy.