APPENDIX A - Supplemental Sexual Misconduct Policy

The Supplemental Sexual Misconduct Policy covers the following circumstances:

1. Where there has been a report of sexual harassment involving a Rhodes student occurring off campus.

2. Where a former student or employee reports sexual harassment or sexual misconduct occurring while the former student or employee attended or worked at Rhodes;

3. Where there has been a report of sexual harassment involving a Rhodes student in a study abroad program outside the United States.

4. Where the reported conduct does not satisfy the definition of sexual harassment under Title IX but could satisfy the definition of sexual misconduct.

Reports of conduct covered by this Supplemental Policy may be made in the same manner outlined in Section XIII of the Title IX Policy, and are subject to Sections IV, V, VI and VII of the Title IX Policy. Supportive measures will be offered in the same manner as described in Section IX.A. of the Title IX policy.

Reports of conduct covered by this Supplemental Policy will be investigated by Rhodes or by an outside investigator retained by Rhodes. All investigations will be prompt, thorough and confidential to the extent practicable. After an investigation is completed, the Title IX Coordinator may address the report by one of the following methods, depending on the facts and circumstances of each case:

1. Administrative resolution by the Title IX Coordinator or other appropriate Rhodes official;

2. Informal resolution if agreed to in writing by both parties (not available when the respondent is an employee); or

3. A hearing conducted by one of the decision-maker(s) described in Section X.F.1. of the Title IX Policy using modified hearing procedures.

   Sanctions for a person found responsible for conduct covered by this Supplemental Policy are the same as those outlined in Section X.F.6. of the Title IX Policy. Appeal rights are the same as those outlined in Section X.G. of the Title IX policy.

   Definitions

   Sexual misconduct: conduct involving a Rhodes student that is sexually-based but does not meet the definition of sexual harassment under Title IX. Examples include sexual exploitation (defined below) and other verbal or physical conduct of a sexual nature that is unwelcome and has the effect of unreasonably interfering with the ability of the person to whom the conduct is directed to enjoy

   the benefits of attending Rhodes. Conduct that may meet the definition of sexual harassment but occurs outside of Rhodes’ Title IX jurisdiction (such as off campus or in a study abroad program) will also be treated as sexual misconduct.

   Sexual exploitation: occurs when a person takes non-consensual sexual advantage of another for their own advantage or benefit, or the benefit of anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to:

   1. Non-consensual video or audio recording of sexual activity or other private activity, even if that activity occurs in a public or semi-public place;

   2. Non-consensual dissemination of video, photographs, or audio of sexual activity or other private activity, including dissemination by a third party or a person not involved in the original conduct;

   3. Exceeding the boundaries of consent (such as permitting others to hide in a closet and observe consensual sexual activity, falsely representing that a condom is being used, videotaping of a person using a bathroom or engaging in other private activities);

   4. Engaging in voyeurism, exposing one’s breasts, buttocks, or genitals in a non- consensual circumstance or inducing another to expose their breasts, buttocks, or genitals without affirmative consent;

   5. Prostituting another person;

   6. Engaging in consensual sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease or infection (STD or STI) and without informing the other person of such disease or infection; and

   7. Sexually-based bullying.