59 NSU STUDENT HANDBOOK 2022-23 1) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: a) Fear for the person’s safety or the safety of others; or b) Suffer substantial emotional distress. 2) For the purposes of this definition: a) 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. b) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. c) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. E. Consent may be implied from the facts and circumstances surrounding the commission of an act. Consent will not be found where an act has been done through the use of force, coercion, or threats of immediate and great bodily harm. Submission does not equal consent, and to establish consent, a party charged must utterly negate any element of force, coercion, or threat. Consent, once given, may be retracted. Consent will not be found under any of the following circumstances: 1) if the victim is less than thirteen years of age; or 2) through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim’s presence, accompanied by apparent power of execution; or 3) if the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or 4) if the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or 5) if the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim. 4. To the extent that this policy is intended to implement protections arising under the criminal law, amendments to those underlying statutes will be deemed to have been incorporated hereto on the effective date of such amendments. 5. For purposes relating to the annual security report required under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)), conduct constituting Dating Violence, Domestic Violence Sexual Assault and Stalking under § 3 of this policy shall be reported as crime, irrespective of its treatment under South Dakota law. A. For purposes of its annual security report a statement of policy that addresses the institution’s programs to prevent dating violence, domestic violence, sexual assault, and stalking, the South Dakota criminal law classifications align with the definitions set out in § 3 of this policy as follows: 1) Consent is defined as set forth in § 3(E) above; 2) Dating violence includes domestic abuse as defined in SDCL ch 25-10 that occurs between persons involved in a romantic relationship as defined in SDCL § 25-10-3.2 who are not
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