Unwelcome conduct of a sexual nature

Sexual assault is intentional attempted, threatened, or actual sexual contact with another person without that person’s consent.

Intentional is defined as knowingly and/or recklessly.

Sexual contact includes intentional contact with the intimate parts of another, causing another to touch one’s intimate parts or disrobing or exposure of another without permission. Intimate parts may include:

  • Breast
  • Genital area
  • Buttocks
  • Anus
  • Groin

Not only is sexual assault prohibited by university rule and policy and therefore subject to prosecution under the Student Code of Conduct and employee disciplinary procedures; sexual assault often is a criminal act and defined by New Mexico state law:

Non-consensual sexual penetration: Occurs when there is any sexual penetration, cunnilingus, fellatio, or intercourse, however slight and with any object, by a person to another person that is by force, coercion, or without consent. This could include oral, anal and vaginal penetration to any degree and with any object.

Non-consensual sexual contact: Occurs when there is any sexual touching, however slight and with any object, by any person upon another person that is by force or without consent.

Sexual assault ranges from unwanted sexual touching to non-consensual penetration.

Failure to stop sexual activity when someone withdraws consent is sexual assault.

Alcohol and drugs impair a person’s decision-making capacity therefore it is important to know the other person’s level of intoxication. Incapacity due to alcohol or drugs is a state beyond drunkenness or intoxication where the person’s decision-making abilities are impaired, their judgement is uninformed, and/or they are unable to appreciate the consequences of their actions. Indicators of incapacity include slurred speech, unsteady balance or gait, passed out, vomiting, odor of alcohol, and emotionally combative. 

Sexual assault is NOT:

  • Consensual sexual activity with a non-minor person.
  • Social contact not intended to be sexual nature.