Sexual misconduct of a minor occurs when an adult employee, volunteer, independent contractor, support staff or other participant (hereafter known as “the adult”) touches a minor for the purpose of causing the sexual arousal or gratification of either the minor or “the adult”, if the touching occurs at the request or with the consent of “the adult”.
Sexual misconduct may also occur between adults or to an adult. Sexual misconduct includes sexual interactions that are nonconsensual or accomplished by force or threat of force, or coerced or manipulated, regardless of the age of the participant.
Neither consent of the minor to the sexual contact, mistake as to the age of the participant or the fact that the sexual contact did not take place at a volleyball function are defenses to a complaint of sexual misconduct.
Sexual misconduct may also include non-touching offenses including but not limited to: sexually harassing behaviors; an adult discussing his/her sex life with a minor; an adult asking a minor about his/her sex life; an adult requesting or sending nude or partial dress photo to a minor; exposing minors to pornographic material, sending minors sexually explicit electronic messages or photo (e.g. “sexting”); deliberately exposing a minor to sexual acts; or deliberately exposing a minor to inappropriate nudity.