Appendix

Educational and Prevention Programs

Gallaudet is committed to the prevention of sexual misconduct, intimate relationship violence, and stalking through educational and awareness programs. Gallaudet takes the necessary steps to reduce the need for reactive intervention by providing preventive and risk education and training and by preparing and disseminating educational print material, videos, workshops, training seminars and academic course offerings related to sexual misconduct, intimate relationship violence, and stalking throughout the year. Prevention program topics include an overview of the Universities' policies and procedures, relevant definitions, including prohibited conduct, effective consent, the impact of alcohol and illegal drug use, safe and positive options for bystander intervention (including "Green Dot" training), awareness campaigns such as "Take Back the Night" and "Dare to Utter", and information about risk reduction. Incoming first year students are required to take an online course, "Haven" that addresses sexual misconduct, and receive primary prevention and awareness programming as part of their orientation. An online training module provided by EverFi is also offered to all students and employees on an annual basis. A majority of educational programs and materials include a review of resources and reporting options available for students.

Sexual Misconduct - Risk Reduction Tips (from the Association of Title IX Administrators (ATIXA))

Risk reduction tips can often take a victim-blaming tone, even unintentionally. With no intention to victim-blame, and with recognition that only those who commit sexual misconduct are responsible for those actions, these suggestions may nevertheless help you to reduce your risk experiencing a non-consensual sexual act. The following are suggestions to help individuals reduce their risk of being victimized and their risk of committing acts of sexual misconduct.

Reducing the risk of victimization:

  • If you have limits or boundaries, make them known as early as possible.
  • Clearly and firmly articulate consent or lack of consent.
  • Remove yourself, if possible, from the physical presence of the sexual aggressor.
  • Reach out for help, either from someone who is physically nearby or by contacting someone via phone/text message. People around you may be waiting for a signal that you need help.
  • Take affirmative responsibility for your alcohol intake/drug consumption. Alcohol and/or drugs can increase your vulnerability to sexual victimization.
  • Look out for your friends and ask them to look out for you. Respect them, and ask them to respect you, but be willing to challenge each other about high-risk choices.

Reducing the risk of being accused of sexual misconduct:

  • Show your potential partner respect if you are in a position of initiating sexual behavior
  • If a potential partner says "no", accept it and don't push. If you want a "yes", ask for it, and don't proceed without clear permission.
  • Clearly communicate your intentions to your potential sexual partners, and give them a chance to share their intentions and/or boundaries with you.
  • Respect personal boundaries. If you are unsure what's OK in any interaction, ask.
  • Avoid ambiguity. Don't make assumptions about consent, about whether someone is attracted to you, how far you can go with that person, or if the individual is physically and mentally able to consent. If you have questions or are unclear, you don't have consent.
  • Don't take advantage of the fact that someone may be under the influence of alcohol or drugs, even if that person made that choice. Others' loss of control does not put you in control.
  • Be on the lookout for mixed messages. That should be a clear indication to stop and talk about what your potential partner wants or doesn't want to happen. That person may be undecided about how far to go with you, or you may have misread a previous signal.
  • Respect the timeline for sexual behaviors with which others are comfortable, and understand that they are able to change their minds.
  • Recognize that even if you don't think you are intimidating in any way, your potential partner may be intimidated by or fearful of you, perhaps because of your sex, physical size, or a position of power or authority you may hold.
  • Do not assume that someone's silence or passivity is an indication of consent. Pay attention to verbal and non-verbal signals to avoid misreading intentions.
  • Understand that consent to one type of sexual behavior does not automatically grant consent to another types of sexual behaviors. If you are unsure, stop and ask.
  • Understand that exerting power and control over another through sex is unacceptable conduct.

Safe and Positive Options for Bystander Intervention

Bystander intervention is an act of standing up against power-based personal violence. It can be any behavior, choice, word, or attitude that promotes safety for all our community members and communicates intolerance for violence. We want to have the best college experience and should be able to feel safe on campus. One way to do that is for peers to watch out for each other. The following strategies of bystander intervention (from the Green Dot program) are options to try when you see something that concerns you.

Direct!

  • Ask someone if they are ok or if they need help
  • Make eye contact with a person, and make a questioning face and mouth, "ok?"
  • Tell someone to stop what they are doing
  • Make eye contact with the person and shake head "no"
  • Walk a person away from the situation
  • Take a person to their dorm
  • Set up check points at different locations to make sure people are ok

Delegate!

  • Ask someone from their circle of friends to help them out
  • Ask a person you trust to walk them back to their dorm
  • Get a friend to check on the person
  • Notify DPS
  • Identify someone who is very good with people and ask them to check out what is going on
  • Ask Residence Life to have check points to make sure people are ok
  • Notify Campus Activities (student events on campus)

Distract!

  • Interrupt the couple and ask to speak with one of them
  • Interrupt the couple and get them to come over to play a game or look at something
  • Ask the person to come and help you with a task
  • Change the subject away from what is causing tension
  • Walk the person away from the situation
  • Move the person away from the area with alcohol and give them something non-alcoholic to drink and some food

Terminology

The following definitions clarify some terminology as used throughout the policy.

Advisor - an individual who provides support, guidance, and/or advice to the complainant or respondent.

Bullying or cyber-bullying - repeated and/or severe aggressive behaviors likely to intimidate or intentionally harm or control another person physically or mentally. When these acts occur in the context of intimate relationship violence or when the behavior is perpetrated on the basis of sex or gender, the conduct is resolved under this policy.

Complainant - any member of the University community who provides information alleging that a member of the University community violated the Sexual Misconduct Policy. The complainant may be the individual who reportedly experienced any form of sexual misconduct, or the University.

Consent - consent represents the basis of respectful and healthy and intimate relationships. Consent is effective when it is clear, knowing, and voluntary by using mutually understandable words or actions that give permission for specific sexual activity or contact. Consent cannot be gained by force, by ignoring or acting in spite of the objections of another, or by taking advantage of the incapacitation of another, where the accused individual knows or reasonably should have known of such incapacitation. Passivity is not permission; consent is not the absence of resistance, and silence, in and of itself, cannot be interpreted as consent. Consent to one form of sexual contact or activity does not imply consent to another form of sexual activity. Consent also has time boundaries; consent given at one time does not imply future consent or consent at any other time. The existence of a prior or current relationship does not, in itself, constitute consent. Consent can be withdrawn once given, as long as the withdrawal is clearly communicated. Once consent is withdrawn, sexual activity must stop immediately. In order to give consent, one must be of legal age (16 or older in D.C.).

Force - direct or indirect use of physical abuse and/or imposing physically on someone to gain sexual access. Force, unless part of a mutually permissible kink (bondage and domination or similar sexual practice), is a clear demonstration of a lack of effective consent.

Interim Measures - temporary actions taken by the University to foster a more stable and safe environment during the initial review, investigation, and adjudication phases. As appropriate, interim measures may be put in place or revised at any stage of an informal resolution, or before, during or at the conclusion of the formal investigation.

Intimate Relationship - a short or long-term relationship between persons of any gender that provides romantic and/or physical intimacy or emotional dependence. Intimate relationships may include (but are not limited to) marriages, civil unions, dating relationships, "hook-up" relationships, friends with benefits, relationships in which partners are characterized as "girlfriends" or "boyfriends," and relationships between persons with a child in common.

Incapacitation - the physical and/or mental inability to make informed, rational and reasonable decisions often due to alcohol and/or drug consumption. Individuals cannot give effective consent if they can't understand what is happening (the "who, what, when, where, why or how" of a situation or interaction). Signs or context clues of being incapacitated may include, but are not limited to, disorientation, stumbling or maintaining balance, vomiting or the presence of vomit, incoherent speech or inability to follow a conversation or thought, outrageous or unusual behavior, being asleep, and/or unconsciousness. With regard to alcohol, incapacitation is a higher level of alcohol ingestion than being impaired ("under the influence"), intoxicated, inebriated, or drunk. Consumption of alcohol or drugs alone is insufficient to establish incapacitation; incapacitation is a state beyond drunkenness or intoxication. The question is whether the accused knew, or a sober, reasonable person in the position of the accused individual should have known, that the complainant was incapacitated. Being intoxicated or impaired by drugs or alcohol is never a defense to an allegation of sexual misconduct under this policy and does not diminish one's responsibility to obtain effective consent. The possession, use, distribution, and/or administration of any incapacitating substance(s) is prohibited.

Investigative Team - the team that consists of the Deputy Title IX Coordinator(s) and/or the Title IX Investigator (s) that usually works jointly on a case assigned to them by the Title IX Coordinator. In some instances, only one member of the team will conduct the investigation. Any person conducting an investigation must be impartial, unbiased, and free of any conflicts of interest. In some instances, an external investigator may be brought in to assist the University in its fact gathering.

No-Contact Order - a directive that mandates an individual not to contact another person or persons in any way, including in person, via e-mail, social media, text messaging, written communication, or any other method of electronic or direct communication. The no-contact order also includes communications via third parties acting on the person's behalf.

Preponderance of the Evidence - characterizes the burden of proof standard used in adjudicating all cases adjudicated by this process. The preponderance of evidence means a greater weight of evidence/information, or "more likely than not".

Respondent - the person against whom the allegation is brought. Respondents are also known as the responding party.

Retaliatory Discrimination or Harassment - any adverse employment or educational action taken against a person because of the person's participation in a complaint, investigation, or resolution involving allegations of sexual misconduct, intimate relationship violence, or stalking. It can take many forms, including continued abuse, threats, intimidation, violations of no-contact orders, and prohibited third party contact. Any individual or group of individuals, including a complainant or respondent, can engage in retaliation, and will be held accountable under this policy as a separate violation.

Sexual Assault - an offense that meets the definition of Rape, Fondling, Incest, or Statutory Rape as defined below (see FBI Uniform Crime Reporting Program at https://www.fbi.gov/about-us/cjis/ucr/ucr):

Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim;

Fondling: the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity;

Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law;

Statutory Rape: sexual intercourse with a person who is under the statutory age of consent.

For the purposes of this policy, sexual assault is defined as sexual misconduct and includes non-consensual sexual intercourse or non-consensual sexual contact.

Sexual Contact - the deliberate touching of a person's private parts (including penis, vagina, vulva, buttocks, anus, groin and/or breasts, or clothing covering any of those areas) or using force to cause a person to touch his or her own or another person's private parts.
Sex/gender-based discrimination -

Sexual Intercourse - penetration (anal, oral or vaginal) by a penis, tongue, finger, or any other object.

Sexual Misconduct - a broad and umbrella term encompassing sexual assault or any non-consensual act of a sexual nature which may or may not involve physical contact. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by men or by women and it can occur between people of the same or different sex.

Sexual Misconduct Violations - violations that vary in severity and consists of a range of behavior or attempted behavior that includes, but is not limited to:

  1. Bullying or cyberbullying
  2. Intimate partner violence
  3. Non-consensual sexual contact,
  4. Non-consensual sexual intercourse,
  5. Sexual discrimination
  6. Sexual exploitation,
  7. Sexual harassment, and/or
  8. Sexual Intimidation.

Sexual Violence - the term used to describe physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent (e.g. due to the student's age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.

Support Person - an individual that may be chosen by the complainant or respondent to provide moral support in a silent and non-participating way during any phase of the adjudication process.

Title IX of the Education Amendments of 1972 (Title IX) - a Federal law that states "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Title IX Investigator (OSC) - an appropriately trained University employee who, along with the Deputy Title IX Coordinator for Faculty/Staff or Students, reviews and/or investigates reports of sexual misconduct allegedly committed by students, as assigned by the Title IX Coordinator under this policy.

On-Campus Resources

The on-campus resources listed below are able to assist those who come to them with a concern related to sexual misconduct, intimate relationship violence, or stalking.

A. Department of Public Safety, Carlin Hall Basement, (202) 651-5555, dps@gallaudet.edu.
The Department of Public Safety (DPS) makes an official report at the request of the student. DPS also provides information on how to contact outside agencies and assists in contacting these agencies when necessary.

B. Title IX Coordinator, College Hall 110, (202) 759-1734 (VP), jennie.sivak@gallaudet.edu.
The Title IX Coordinator assists with problem resolution and responds to complaints of sexual misconduct, intimate relationship violence, stalking, and harassment against staff and faculty (and students if a particular complainant is not being resolved through the Investigative Team).

C. Deputy Title IX Coordinator for Students, Director - Office of Student Conduct, Ely Center 103, (202) 250-2513 (VP), (202) 448-6901 (V), eloise.molock@gallaudet.edu.
The Director of the Office of Student Conduct serves as the Deputy Title IX Coordinator for Students and a member of the OSC Investigative Team that includes the OSC Title IX Investigator. The Director assists with problem resolution and responds to complaints of sexual misconduct, intimate relationship violence, and stalking against students.

D. Title IX Investigator - Office of Student Conduct, Ely Center 103, (202) 759-5598 (vp), amy.rousseau@gallaudet.edu.
The Title IX Investigator in the Office of Student Conduct reviews and/or investigates reports of sexual misconduct allegedly committed by students, along with the Deputy Title IX Coordinator for Students.

E. Health and Wellness Programs, Ely Center 103, (202) 651-5432, christine.gannon@gallaudet.edu.
The Director of Health and Wellness Programs serves as the central source of sexual misconduct information and referral for students, and coordinates support for staff and faculty who respond to student concerns. In addition, Health and Wellness Programs develop and conduct prevention/risk reduction workshops for all incoming students and prepares and disseminates educational pamphlets, fact sheets, and articles concerning sexual misconduct.

F. Counseling and Psychological Services (CAPS), Kellogg Conference Hotel at Gallaudet University, 3rd Floor, (202) 250-2300 (VP), caps@gallaudet.edu.
Counselors are available during the day and may be contacted for emergency situations after office hours by the Department of Public Safety. CAPS provides confidential crisis management, short term therapy, and group therapy (depending on the number of students with similar concerns/issues). CAPS also provides a referral list of area agencies and private practitioners.

G. Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, and Ally (LGBTQA) Center, HMB S141.
The LGBTQA Center strives to provide a supportive and responsive environment for individuals of all sexual orientations, gender identities, and expressions that promote equity, inclusion, academic success and social justice.

H. Office of Campus Ministries, Ely Center 114-118, (202) 651-5102 (V), ron.friedrich@gallaudet.edu.
The Office of Campus Ministries (OCM) provides a variety of confidential counseling services to students, including personal counseling and crisis management in either individual or group settings. The OCM also makes referrals and works with other on-campus and off-campus offices and agencies to meet the needs of individuals in crisis.

I. Office of the Ombuds, Ely Center 113, (202) 559-5079 (VP), ombuds@gallaudet.edu.
The Office of the Ombuds is where students can go to get confidential, impartial, independent, and informal assistance and conflict resolution.

J. Office of Residence Life and Housing, Ely Center 132, (202) 250-2233 (VP), susan.hanrahan@gallaudet.edu, or at CRE/GA offices in any residence halls.
The Office of Residence Life and Housing provides immediate response through on-site or on-call staff. The Office of Residence Life and Housing, when directly involved in the initial contact of the student, is responsible for stabilizing the situation and assisting with contacts to other campus personnel. The Office of Residence Life and Housing can also provide emergency housing relocation and, together with Counseling and Psychological Services and/or Department of Public Safety, will arrange for transportation to the hospital, if necessary. The Office of Residence Life and Housing also provides educational materials and programs for students.

K. Office of Student Conduct, Ely Center 103, (202) 250-2513 (VP), (202) 448-6901 (V), eloise.molock@gallaudet.edu.
The Office of Student Conduct, through the Investigative Team, responds to reports of sexual misconduct and handles each incident according to the disciplinary process outlined in the handbook. The Office of Student Conduct also provides education and training and advises both the complainant and the respondent of their rights.

L. Student Health Service, Peter J. Fine Health Center, (202) 651-5090 (V), shs@gallaudet.edu.
During hours of operation, Student Health Service (SHS) provides confidential first aid and referral services for students who experienced sexual misconduct. SHS also screens and treats sexually transmitted infections (STIs) and provides appropriate follow-up care.

Off-Campus Resources

University community members have the right to file a report with the District of Columbia Police and are provided information on how to access them. Individuals are advised of options, as provided by District and Federal laws and regulations, with regard to testing sexual assault suspects for communicable diseases and the concomitant (accompanying) right to be notified of the results of such testing.

A variety of external resources are available for victims, including the D.C. Rape Crisis Center, which provides counseling sessions and referrals to legal, medical, and counseling facilities and resources.

Washington Hospital Center
Emergency and Trauma
110 Irving Street NW
Washington, DC 20010
http://www.medstarwashington.org
202-877-7000 (V)
Provides a Sexual Assault Nurse Examiner (SANE) program (professional rape exam), medical attention, follow-up care and referrals, screening and STI treatment.

DAWN
5321 First Place NE
Washington, DC 20011
http://www.deafdawn.org
202-559-5366 (VP)
202-742-1730 (Fax)
hotline@deafdawn.org (Mon - Fri, 9:00 AM - 5:00 PM)
E-mail: info@deafdawn.org
Focuses on deaf, hard of hearing, and deaf-blind survivors of domestic violence and sexual assault; DAWN provides an e-mail hotline Mondays through Fridays between 9:00 AM - 5:00 PM; DAWN also provides individual professional counseling, support groups, and serves as advocates.

D.C. Rape Crisis Center
http://www.dcrcc.org
202-232-0789 Business
202-333-RAPE (7273) 24-hour Hotline
202-328-1371 (TTY)
202-387-3812 (Fax)
E-mail: dcrcc@dcrcc.org
Provides individual counseling and companion service.

District of Columbia Metropolitan Police Department
Deaf and Hard of Hearing Liaison Unit (DHHU)
801 Shepherd Street NW
Washington, DC 20011
http://www.mpdc.dc.gov
Hours: 24 hours, daily
202-727-5437 (TTY)
202-698-0289 (V)
202-727-8453 (Fax)
E-mail: mpd.dhhu@dc.gov
For immediate police service, always call 911
Provides the following services: sign language interpretation to aid deaf and hard of hearing citizens in their interaction with MPD, making official reports off-campus, assisting in contacting outside organizations, and leading investigations.

Rape, Abuse, and Incest National Network (RAINN)
2000 L Street NW, Suite 406
Washington, DC 20036
1-800-656-HOPE (V)
202-544-1034 (V)
202-544-3556 (Fax)
E-mail: info@rainn.org
http://www.rainn.org
http://online.rainn.org (online hotline)

National Center for Victims of Crime
Stalking Resource Center
2000 M Street NW, Suite 480
Washington, DC 20036
202-467-8700 (V)
202-467-8701 (V)
http://www.victimsofcrime.org/our-programs/stalking-resource-center
The mission of the National Center for Victims of Crime is to forge a national commitment to help victims of crime rebuild their lives. They are dedicated to serving individuals, families, and communities harmed by crime. One of their programs is the Stalking Resource Center.

Network for Victim Recovery of DC (NVRDC)
5321 First Place NE
Washington, DC 20011
202-742-1720 (V)
www.nvrdc.org
Network for Victim Recovery of DC aims to change the impact of victimization by providing holistic, comprehensive services to all crime victims in DC. By meeting a victim where they are at, NVRDC staff provides civil and criminal legal services, advocacy, and case management.

National Domestic Violence Hotline
1-800-799-SAFE (V)
1-800-787-3224 (TTY)
www.thehotline.org

UASK DC
"U ASK DC" phone app
www.uaskdc.org
U ASK is a project of Men Can Stop Rape and the District of Columbia Executive Office of the Mayor Office of Victim Services. It provides secure and confidential services on sexual assault in the District of Columbia and specifically on DC college campuses.

DeafLead Videophone Crisis Line
321-800-3323
Text HAND to 839863
https://www.deafinc.org/deaflead/
DeafLEAD has a 24/7/365 nationwide crisis videophone hotline service to Deaf individuals who are victims of crime. Deaf individuals are now able to access immediate assistance and resources that are both culturally and linguistically accessible using a trauma-informed approach.

Licensed Professional Counselors
Inquire with the Counseling and Psychological Services for a list of licensed professional counselors serving the deaf and hard of hearing locally and, if available, in your hometown.

D.C. Code Definitions and Statutes

Sexual Assault
The District of Columbia criminal law does not define the term "sexual assault", as such. However, the District of Columbia has defined crimes known as sexual abuse. The crimes distinguish between sexual acts and sexual contacts. The specified meaning of those terms is set forth below.

Sexual act means:

  1. The penetration, however slight, of the anus or vulva of another by a penis;
  2. Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or
  3. The penetration, however slight, of the anus or vulva by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

Sexual contact means the touching with any clothed or unclothed body part or any object, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

Sexual Abuse in the First Degree (D.C. Code Ann. § 22-3002)
A person commits First Degree Sexual Abuse if that person engages in or causes another person to engage in or submit to a sexual act in the following manner:

  1. By using force against that other person;
  2. By threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury or kidnapping;
  3. After rendering that other person unconscious; or
  4. After administering to that other person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant or other similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.

Sexual Abuse in the Second Degree (D.C. Code Ann. § 22-3003)
A person commits Second Degree Sexual Abuse if that person engages in or causes another person to engage in or submit to a sexual act in the following manner:

  1. By threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping); or
  2. Where the person knows or has reason to know that the other person is:
    1. Incapable of appraising the nature of the conduct;
    2. Incapable of declining participation in that sexual act; or
    3. Incapable of communicating unwillingness to engage in that sexual act.

Sexual Abuse in the Third Degree (D.C. Code Ann. § 22-3004)
A person commits sexual abuse in the third degree if that person engages in or causes sexual contact with or by another person in the following manner:

  1. By using force against that other person;
  2. By threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping;
  3. After rendering that person unconscious; or
  4. After administering to that person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.

Sexual Abuse in the Fourth Degree (D.C. Code Ann. § 22-3005)
A person commits the crime of sexual abuse in the fourth degree, if that person engages in or causes sexual contact with or by another person in the following manner:

  1. By threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping); or
  2. Where the person knows or has reason to know that the other person is:
    1. Incapable of appraising the nature of the conduct;
    2. Incapable of declining participation in that sexual contact; or
    3. Incapable of communicating unwillingness to engage in that sexual contact.

Misdemeanor Sexual Abuse (D.C. Code Ann. § 22-3006)
Whoever engages in a sexual act or sexual contact with another person and who should have knowledge or reason to know that the act was committed without that other person's permission, is guilty of misdemeanor sexual abuse.

Consent
Consent means words or overt actions indicating a freely given agreement to the sexual act or contact in question. Lack of verbal or physical resistance or submission by the victim, resulting from the use of force, threats or coercion by the defendant shall not constitute consent. Consent is a defense to sexual abuse (in the 1st through the 4th degree) and misdemeanor sexual abuse.

Domestic Violence
In the District of Columbia, domestic violence can be defined as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner, dating partner, or family member. The term "domestic violence" includes physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This consists of any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure or wound someone.

The District of Columbia also defines domestic violence by reference to the terms intimate partner violence and IntraFamily Violence.

The term intimate partner violence means "an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person:

  1. To whom the offender is or was married;
  2. With whom the offender is or was in a domestic partnership; or
  3. With whom the offender is or was in a romantic, dating, or sexual relationship."

The term intrafamily violence means "an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person to whom the offender is related by blood, adoption, legal custody, marriage, or domestic partnership or with whom the offender has a child in common."

Dating Violence
The District of Columbia does not define the term dating violence, as such. However, reference is made to dating relationships and other intimate relationships in the definition of domestic violence. Accordingly, dating violence is a form of domestic violence.

Dating violence can be properly defined as a pattern of abusive behavior in any romantic, dating, intimate or sexual relationship that is used by one partner to gain or maintain power and control over another intimate partner or dating partner. The term "dating violence" includes physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person. This consists of any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure or wound someone.

Stalking
The act of stalking occurs when a person purposefully engages in a course of conduct directed at a specific individual with the intent to cause that individual to:

  1. Fear for his or her safety or the safety of another person;
  2. Feel seriously alarmed, disturbed, or frightened; or
  3. Suffer emotional distress;

Such conduct constitutes the crime of stalking if that the person knows the conduct would cause that individual reasonably to:

  1. Fear for his or her safety or the safety of another person;
  2. Feel seriously alarmed, disturbed, or frightened; or
  3. Suffer emotional distress.

Such conduct constitutes the crime of stalking if the person should have known the conduct would cause a reasonable person in the individual's circumstances to

  1. Fear for his or her safety or the safety of another person;
  2. Feel seriously alarmed, disturbed, or frightened; or
  3. Suffer emotional distress.

"To engage in a course of conduct" means directly or indirectly, or through one or more third persons, in person or by any means, on 2 or more occasions, to:

  1. Follow, monitor, place under surveillance, threaten, or communicate to or about another individual;
  2. Interfere with, damage, take, or unlawfully enter an individual's real or personal property or threaten or attempt to do so; or
  3. Use another individual's personal identifying information.

Definitions and Terms: Violence Against Women Act (from 42 USC § 13925) and The Clery Center for Security on Campus

Domestic violence:
The term "domestic violence" includes felony or misdemeanor crimes of violence committed:

  • by a current or former spouse or intimate partner of the victim;
  • by a person with whom the victim shares a child in common;
  • by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
  • by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime or violence occurred;
  • by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime or violence occurred.

Dating violence:
The term "dating violence" means violence committed by a person:

  1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
    1. The length of the relationship
    2. The type of relationship
    3. The frequency of interaction between the persons involved in the relationship.

For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Stalking:
The term "stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  1. fear for his or her safety or the safety of others: or
  2. suffer substantial emotional distress

For the purposes of this definition, course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Sexual Assault:
The term "sexual assault" is an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation that meets the definition of rape, fondling, incest or statutory rape

Sex Offenses:
The term "sex offenses" means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

  • Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  • Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental capacity.
  • Incest - Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent.

EFFECTIVE DATE: August 28, 2018
UPDATED: August 28, 2018, September 25, 2018