11 2022 ARC3 SURVEY FINDINGS Definitions The ARC3 survey does not define terms related to sex or gender-based discrimination for participants. For the purposes of the survey, sexual misconduct definitions are defined by the South Dakota Board of Regents3: Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. 1) The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. 2) For the purposes of this definition, a) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. b) Dating violence does not include acts covered under the definition of domestic violence. Sexual assault means any offense that constitutes rape, fondling, incest, or statutory rape: 1) Rape has the same meaning as given above in § 3(B)(2)(b). 2) Fondling means 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. 3) Incest means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by SDCL § 25-1-6, which provides that: Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, or aunts and nephews, and between cousins of the half as well as of the whole blood, are null and void from the beginning, whether the relationship is legitimate or illegitimate. The relationships provided for in this section include such relationships that arise through adoption. 4) Statutory Rape means sexual intercourse with a person who is under the statutory age of sixteen. Stalking means: 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. 3South Dakota Board of Regents Policy Manual. (2020). Prevention of Dating Violence, Domestic Violence, Sexual Assault and Stalking, 1:17:1. Available from https://www.sdbor.edu/policy/documents/1-17-1.pdf. 4South Dakota Board of Regents Policy Manual. (2020). Sexual Harassment, 1:17. Available from https://www.sdbor.edu/policy/documents/1-17.pdf.
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