The Catalysts for Change

By Culture of Respect

Legal rights exist for all victims of sexual assault. In addition colleges and Universities have requirements under various laws including Title IX, The Clery Act and Campus Save that they are mandated to perform. In this section we provide crucial pertinent information for both the survivor and schools.

Survivors’ Rights

If you have experienced sexual assault, domestic violence, dating violence, or stalking, you have rights and options. There are resources to help you understand and access these rights, and to help you recover and continue your education.

While this page contains a discussion of general legal principles and specific laws, it is neither intended to be given as legal advice nor as the practice of law, and should not be relied upon by readers as such. Before taking any action, always check with a licensed attorney in your jurisdiction to ensure compliance with the law.

If you were sexually assaulted…

You have the right:

• to receive medical care and mental health services whether or not you choose to report sexual violence to the police or your school.
• to a sexual assault forensic exam (“rape kit”) free of charge (or with full reimbursement) even if you are not sure if you ever want to file a police report or pursue criminal charges against the perpetrator. Contact your local rape crisis center to learn which medical facilities near you are equipped to conduct this exam.
• to have your name kept out of the media. Your school, health care providers, law enforcement, and advocates must maintain your privacy and confidentiality, unless the information is shared with your prior written consent or with those directly involved in assisting you or investigating or adjudicating a complaint against the perpetrator at your school or conducting a criminal investigation.
• to choose whether or not to report the crime to the police or to your school.

If you are a student survivor of sexual assault, domestic violence, dating violence, or stalking… and attend almost any public or private, two- or four-year college or university, you have the right to certain information, rights, and options in the immediate aftermath and for the long term, if necessary. These rights and options, which arise under Title IX and the Clery Act, are available to all students, regardless of your sex, sexual orientation, gender identity, or immigration status. Whether the crime occurred on or off campus, you have the right:

• to access your school’s sexual misconduct policy, which should be available on your school’s website and in other locations such as a campus women’s center. This document will list the individual(s) on campus to whom you can confidentially disclose sexual assault or other violence and will explain your rights and options related to accommodations, on and off campus support services, reporting the crime, and the campus investigatory and adjudicatory procedures.
• to confidentially disclose sexual violence to an appropriate school employee, who must be identified in your school’s sexual misconduct policy. This school employee can explain your options for reporting to your school or local police. Also, this individual must explain to you and help you to access on and off campus support services and reasonable accommodations that you would find helpful, as explained in more detail below. If you choose to make a report to your school or local law enforcement, this individual can assist you in this process and throughout the investigation and any disciplinary proceeding.
• to report sexual assault, domestic violence, dating violence, or stalking to your school, and be treated with respect and care throughout the reporting, investigatory, and adjudicatory process, if you choose to pursue these options.
• to receive, when you first confidentially disclose or report sexual assault, domestic violence, dating violence, or stalking, written information that describes:
  1. your school’s investigation and adjudicatory procedures for sexual assault, domestic violence, dating violence, and stalking, and sanctions and protective measures that are available if the perpetrator is found responsible in a campus proceeding;
  2. procedures to follow to preserve evidence and report the crime to law enforcement and campus authorities, available assistance in pursuing these options, and your right to decline to report the crime;
  3. your rights and the school’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by your school or by a criminal, civil, or tribal court;
  4. on and off campus counseling, health, mental health, victim advocacy, legal assistance, and other services;
  5. options for, and available assistance in, changing academic, living, transportation, and working situations, if you request these changes and if they are reasonably available; and
  6. how your school will protect survivors’ confidentiality.
• to reasonably available changes to academic, living, transportation, dining, and working situations (called “accommodations” in the language of Title IX), and a school-issued “no contact” order prohibiting the perpetrator from contacting you, starting as soon as you either confidentially disclose or report the crime to your school, and regardless of whether you report the crime to police or report the crime to your school for purposes of its Clery Act reporting, investigatory, or adjudicatory procedures. Appropriate academic support could include extensions for your schoolwork, changes to the perpetrator’s class schedule or extracurricular activities or your class schedule or extracurricular activities if you share classes or are likely to run into each other on campus, or the opportunity to retake a class without penalty. Your school must minimize the burden on you in providing these accommodations. This means that, even before an investigation is completed, your school cannot automatically decide that you, rather than the perpetrator, needs to change your dorm, schedule, or activities. You also have the right to assistance from your school in identifying a trained advocate who can assist you in obtaining these measures, as well as off-campus support.
• to receive assistance obtaining counseling, health, mental health, victim advocacy, legal assistance, and any other services that are described in your school’s sexual misconduct policy, regardless of whether you report the crime to your school or law enforcement.
• to have your school investigate and to pursue a school disciplinary proceeding against the perpetrator, regardless of whether or not you report the crime to police and regardless of whether or not a criminal investigation is ongoing.
• to have your school not disclose your personally identifying information (which includes your name and other information that would enable people to identify you) except to individuals involved in the investigation or disciplinary proceeding or to individuals responsible for assisting you in obtaining accommodations or other support services, to the extent that you pursue those options.
• to request that the school not pursue an investigation, even if you choose to report sexual violence to an individual at your school who must report the crime to your school’s Title IX coordinator (which means that the incident will be part of the school’s crime statistics and details about the crime, including your name and the perpetrator’s name, will be disclosed to your school’s Title IX coordinator). Your school is obligated to try to respect your request not to investigate, but must evaluate your request in the context of the school’s responsibility to provide a safe and nondiscriminatory environment for all students. This means that in certain, rare instances, the school may not be able to fully honor your request not to investigate, but it must try to protect your personally identifying information from investigators, witnesses, and the perpetrator. In rare instances, the school may not be able to maintain your confidentiality from these individuals if there is an overriding need to disclose the information to protect other students.
• to have your school protect you (and any witnesses and anyone responsible for advocating for you) from retaliation by the perpetrator, other students, and anyone employed by or affiliated with the school. Retaliation may take many forms, such as verbal harassment or threats, online harassment, threats to harm you or interfere with your education or other aspects of your life, additional incidents of sexual assault, dating violence, domestic violence, or stalking, or any other attempts to intimidate you or discriminate against you for reporting the crime or pursuing a disciplinary proceeding. If you do experience retaliation, your school must take strong measures to stop the retaliation and prevent further retaliation.
• to file a complaint with the U.S. Department of Education Office for Civil Rights (OCR), Clery Act Compliance Division, U.S. Department of Justice, and/or a private civil lawsuit, if you believe that your school is not protecting your Title IX rights or complying with the Clery Act. You can find more information about these options here and you may wish to consult a lawyer to discuss these options.

If you choose to allow your school to investigate and you pursue a disciplinary proceeding against the perpetrator, you have the right:

• to a prompt, fair, and impartial investigation and resolution of the disciplinary proceeding.
• to an investigation conducted by individuals who receive annual training on issues related to sexual assault, domestic violence, dating violence and stalking, and who do not have a conflict of interest or bias for or against you or the accused student.
• to have an advocate of your choice, who may be an attorney, present with you at all phases of the investigation and adjudicatory process. Your school may limit the extent to which the advocate can speak and participate, but any limit imposed on your advocate must be imposed equally on the accused student’s advocate.
• to the use of a preponderance of the evidence standard at a disciplinary hearing against the accused. This means the adjudicator(s) must determine what is more likely than not to have happened. Your school cannot use a higher standard of proof.
• to receive updates on the status of a campus investigation and an estimate of the timeframe for completing major phases of the investigation and campus disciplinary proceeding.
• to present evidence and witnesses to the same extent as the accused student.
• to have the disciplinary proceedings documented.
• to be notified in writing, simultaneously with the accused, of: 1) the decision about your complaint, including findings supporting the decision and any disciplinary measures imposed on the perpetrator that relate to you; 2) any appeal procedures; 3) any change to the results of the proceeding; and 4) when the proceeding becomes final.
• to receive appropriate accommodations, such as changes to living, working, transportation, and dining situations and academic support, such as allowing you to retake a class without penalty or providing you with extensions for class assignments, as well as other services, such as counseling, as remedial measures at the conclusion of a disciplinary proceeding, even if you previously had declined the particular accommodation or support service.

Your school must protect your rights, and if it is not doing so, you may want to consult with a lawyer (see our Finding a Lawyer section) to learn more about your options. If you are interested in learning which of these rights arise under Title IX and which arise under the Clery Act, you may want to get an overview by reviewing “Know Your Rights: Title IX Requires Your School to Address Sexual Violence” and the “VAWA Amendments to Clery”, or consult a lawyer for more information.

If you are a college or university employee and survivor of sexual assault, domestic violence, dating violence, or stalking… you have the right to access information and support at the school that employs you. You have rights under Title IX and the Clery Act, and additional rights and options under relevant employment laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Family and Medical Leave Act. Regardless of where the crime occurred, who the perpetrator is, or whether you file a police report, you have the right to receive, when you first confidentially disclose or report sexual assault, domestic violence, dating violence, or stalking, written information that describes:

1. your school’s investigation and adjudicatory procedures for sexual assault, domestic violence, dating violence, and stalking, and sanctions and protective measures that are available if the perpetrator is found responsible in a campus proceeding;
2. information about procedures to follow to preserve evidence and report the crime to law enforcement and campus authorities, available assistance in pursuing these options, and your right to decline to report the crime;
3. your rights and the school’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by your school or by a criminal, civil, or tribal court;
4. information about on and off campus counseling, health, mental health, victim advocacy, legal assistance, and other services;
5. options for, and available assistance in, changing academic, living, transportation, and working situations, if you request these changes and if they are reasonably available; and
6. information about how your school will protect survivors’ confidentiality.

If the sexual assault, domestic violence, dating violence, or stalking was committed by a school employee, student, or other affiliate of the university (such as a volunteer or someone involved in a program located at your school), then you may choose to pursue a campus disciplinary proceeding against the perpetrator, regardless of whether or not you file a police report. If you decide to use this process, you have the rights described here, the same rights under Title IX and the Clery Act as a student survivor, though your school may have different investigatory and disciplinary procedures for instances where the survivor is an employee and the perpetrator is an staff member or faculty member. The procedures that your school has in place for handling investigations and disciplinary proceedings by an employee against a staff or faculty member must be disclosed to you in writing when you report the incident to your school.

Also, survivors of sexual assault, domestic violence, dating violence and stalking have rights under federal employment laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Family and Medical Leave Act. These laws protect you from retaliation or discrimination related to the fact that you have experienced sexual assault, domestic violence, dating violence, or stalking, may entitle you to accommodations, such as time off to receive treatment for mental or physical health problems stemming from the crime, and may provide you with additional protections and options, depending on your particular employment situation. Also, you may have additional rights under state laws. It is a good idea to consult a lawyer familiar with these issues to learn more about your rights. You can also learn more about federal and state rights from Legal Momentum’s “Employment Rights for Victims of Domestic or Sexual Violence” guide (updated July 2013) and the Equal Employment Opportunity Commission’s “Questions and Answers: The Application of Title VII and The ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking”.

Finding a Lawyer

If you are a survivor and feel that are not receiving appropriate support at your school, or are unclear on your legal rights, you may wish to consult with a lawyer. An attorney may be able to help you advocate for accommodations and support services from your school to help you recover from sexual violence and stay or get back on track with you education. A lawyer may be able to assist you through a campus investigation and disciplinary proceeding against the perpetrator. If you are not satisfied with your school’s response after you sought support services or reported sexual assault, domestic violence, dating violence, or stalking, speaking with a lawyer who is familiar with these areas of the law can help you to understand your legal rights, your school’s obligations, and your options. Even if you are not sure if you would want to take legal action, such as filing a Title IX or Clery Act complaint with the U.S. Department of Education, or civil lawsuit, talking with a lawyer may help you to understand these options, and can help you to make an informed decision about what makes sense for you.

One benefit of speaking with an attorney is that everything that you disclose to the attorney is confidential due to the attorney-client privilege. This is true even if you have only an initial conversation with a lawyer and then decide not to have the lawyer represent you.

There are several victims’ rights legal organizations that have provided pro bono (free) legal representation to student survivors in the past, and may be able to assist you or help you to find an appropriate attorney in your area, whether or not you can afford to pay a lawyer. Know Your IX has a great list of these organizations here, as well as a helpful discussion, written by student activists and survivors, about how to find a lawyer and issues to consider in this process.

In addition to the organizations suggested by Know Your IX, another great resource for finding pro bono representation is your local rape crisis center. You can find your local rape crisis center here.

Overview of Relevant Laws

This page provides an overview of the key laws that provide students and employees with rights and impose requirements on schools in relation to the prevention of and response to sexual assault, domestic violence, dating violence, and stalking. These laws are: 1) Title IX of the Education Amendments of 1972, a federal civil rights law that prohibits sex discrimination, including sexual violence and other forms of gender-based violence; 2) the Jeanne Clery Act, a federal law that requires schools to collect and publish information about crimes on and around their campuses, and take significant steps to prevent and respond to sexual assault, domestic violence, dating violence, and stalking; and 3) the Family Educational Rights and Privacy Act (FERPA), a federal law that protects students’ privacy and provides the limited situations in which a school may disclose students’ educational records without their consent. All of these laws apply to nearly all two- and four-year, public and private colleges and universities in the United States. Title IX and FERPA also apply to all public, and some private, primary and secondary schools.

While this guide does not cover criminal laws, it is important to note that incidents of sexual assault, domestic violence, dating violence, and stalking covered by these laws also generally constitute crimes. The criminal justice system plays an important role in preventing and responding to sexual assault, domestic violence, dating violence, and stalking. A survivor has the right to pursue both criminal and campus investigations simultaneously, or may choose to utilize only one of these avenues.

Title IX

What is Title IX?

Title IX of the Education Amendments of 1972, implemented by 34 C.F.R. Part 106, prohibits discrimination based on sex in all education programs and activities that receive federal financial assistance. Nearly all public and private colleges and universities, all public (and some private) primary and secondary schools, as well as other educational institutions, receive federal funds, and therefore must comply with Title IX. Examples of discrimination prohibited by Title IX include sexual harassment—including sexual violence—discrimination based on pregnancy, and the failure to provide equal opportunity in athletics.

Title IX and Sexual Violence

Sexual harassment, a form of sex discrimination, can include a range of conduct, such as unwelcome verbal, nonverbal, or physical conduct of a sexual nature and acts of sexual violence. Under Title IX, sexual violence includes attempted or completed physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (which may be due to a student’s age, use of alcohol or drugs, or because an intellectual or other disability prevents a person from having the capacity to consent). The category of sexual violence includes acts such as attempted or completed rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Domestic violence, dating violence, and stalking are other forms of conduct prohibited by Title IX. Title IX protects women, men, gender nonconforming students, faculty, and staff, and applies regardless of sexual orientation or immigration status.

A single act of sexual violence may—and typically does—negatively impact a victim’s ability to participate in or benefit from educational opportunities. A survivor may not feel safe on campus or in particular areas of campus, may be unable to meet deadlines with schoolwork, attend classes, or participate fully in extracurricular activities, to name just a few examples. In the language of Title IX, this means that sexual violence has created a “hostile environment.” Sexual violence or any other form of sexual harassment that creates a hostile environment constitutes sex discrimination in violation of Title IX.

A school fails to comply with Title IX when “the school, upon notice, fails to take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.”[1] The U.S. Department of Education Office for Civil Rights (OCR) has further defined each of these requirements for schools, explaining, for example, when a school is on “notice” of sexual violence; immediate steps that a school must take to protect a survivor and provide the survivor with resources to assist the survivor’s recovery and minimize the impact of the violence on the survivor; and the prompt and appropriate investigation that must occur. For example, when a student first confidentially discloses or reports sexual assault, whether or not he or she files a police report or seeks a campus investigation and adjudicatory proceeding, she or he is immediately entitled to reasonable accommodations to enable her or him to continue his or her education. Reasonable accommodations may include changes to academic, living, working, dining, and transportation situations and schedules. The school must minimize the burden on the survivor in determining how to provide accommodations, which means it cannot automatically decide that the survivor, rather than the perpetrator, must switch dorms, classes, or activities. Additionally, schools must inform survivors about counseling, health, mental health, victim advocacy, and other services available on and off campus. For more information about a survivor’s rights and options, see the Survivors’ Rights section.

Additionally, Title IX requires schools to adopt and publish grievance procedures for the prompt and equitable resolution of student and employee complaints of sexual violence, and prohibits retaliation for advocating for a right under Title IX. This means that a school must protect a survivor, witnesses, and a survivor’s advocate from retaliation by the perpetrator, other students, or the school itself. Retaliation can take many forms, such as attempts to intimidate a survivor, witness, or advocate, verbal harassment or threats, online harassment, additional acts of physical or sexual violence, or attempts to interfere with academic or other activities. Also, OCR states that schools should also provide students with age-appropriate training on Title IX and sexual violence. For more detailed information on these and other Title IX requirements, OCR’s April 2014 “Know Your Rights” document, April 2014 “Questions and Answers on Title IX and Sexual Violence” Guidance, and April 2011 Dear Colleague Letter Guidance, are useful. You may also want to check out the links available in the “Resources” section below.

Enforcement and Penalties

Any person or organization that believes a school has not complied with Title IX may file a complaint with OCR. OCR investigates complaints that are filed and may initiate its own investigations of schools. For more information about filing an OCR complaint, see “How to File a Discrimination Complaint with the Office for Civil Rights,” and “How to File a Title IX Complaint.” An OCR investigation may lead to a resolution agreement between the school and OCR in which the school agrees to change its policies, procedures, and practices, or could lead to a noncompliance finding. If OCR cannot obtain compliance from a school, it may refer a case to the U.S. Department of Justice or initiate an administrative proceeding to terminate the school’s federal funding, though OCR has never sought to terminate a school’s funding. An OCR complaint generally must be filed within 180 days after the discrimination ends, though a waiver of the time limit may be granted in limited circumstances.

In addition to or instead of filing a complaint with OCR, it is possible to file a complaint with the U.S. Department of Justice (DOJ), which has authority to investigate sex discrimination complaints at all schools that receive DOJ funds under Title IX and at all public schools under Title IV of the Civil Rights Act of 1964. A DOJ investigation is similar to an OCR investigation, but there are some important differences. For example, a DOJ complaint is not subject to the 180-day time limit imposed on OCR complaints, DOJ uses a different standard of proof, and OCR and DOJ may seek different remedies at the conclusion of an investigation. If a person files a complaint with both DOJ and OCR, usually only one agency will pursue the investigation. For more information about filing a DOJ complaint, see “How Do I File a Complaint with the U.S. Department of Justice?”, and you may want to consult a lawyer for assistance in evaluating these options.

Also, a sexual harassment victim may file a private civil lawsuit against a school for failing to enforce her or his Title IX rights. A civil lawsuit may be filed without filing an OCR complaint, or a survivor may file an OCR complaint before or after initiating a private lawsuit, but if a lawsuit is filed, OCR will stop its investigation. A survivor may be able to obtain monetary damages and injunctive relief. See “How to Pursue a Title IX Lawsuit” for more information about this option and finding legal representation.

Clery Act

What is the Clery Act?

The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, 20 U.S.C. § 1092(f), commonly known as the Clery Act, is a federal law that requires schools to collect and publish crime statistics in an Annual Security Report (ASR), and to implement policies to prevent and respond to violence. The ASR must include statistics for a range of crimes that occur on or adjacent to campus or in certain “off-campus” facilities, such as housing for recognized student organizations (including most fraternity houses). You can find a school’s ASR on its website. The Violence Against Women Reauthorization Act of 2013 (“2013 VAWA”) contained important amendments to the Clery Act that provide crucial protections to sexual violence survivors and all students, including new requirements regarding how schools must prevent and respond to campus sexual assault, domestic violence, dating violence, and stalking. The final regulations implementing the 2013 VAWA amendments to the Clery Act were announced by the U.S. Department of Education on October 20, 2014. The ASR due on October 1, 2014 was the first ASR required to contain the new statistics mandated by the 2013 VAWA amendments to the Clery Act.

New Clery Act Protections

The Clery Act requires all colleges and universities that participate in federal student aid programs—nearly all public and private colleges and universities—to create, implement, and publicize policies detailing their procedures and programs for preventing and responding to sexual violence, dating violence, domestic violence, and stalking (hereinafter, “gender-based violence”). These policies must meet certain criteria provided in the Clery Act. For example, the 2013 VAWA amendments to the Clery Act require schools to provide all incoming students and new employees with primary prevention and awareness programs regarding gender-based violence, and to implement ongoing prevention and awareness campaigns for all students and faculty. Schools must publish and publicize information about procedures a survivor may follow to report these crimes. When a survivor first reports gender-based violence, a school must provide a survivor with detailed written information, including but not limited to details about her or his rights and options for obtaining physical and mental health services and academic accommodations and for pursuing campus adjudicatory and/or criminal proceedings against the perpetrator. It is important to note that a survivor must be provided with these rights, options, and services whether the offense occurred on- or off-campus, and whether the perpetrator is another student or employee or not (though if the perpetrator was not affiliated with the university, the campus disciplinary process will not be relevant, but other protections from the school remain available).

The Clery Act also requires campus investigations and adjudicatory proceedings to follow certain practices and procedures that provide new protections to survivors. For example, investigators and individuals who conduct the disciplinary proceeding must receive annual training on issues related to gender-based violence and on protecting the safety of survivors, survivors must be allowed to have an advisor—who may be an attorney—present at all major meetings and hearings in the investigation and adjudicatory proceeding, and the survivor must be informed in writing, simultaneously with the accused student, of the outcome of the proceeding and any opportunity to appeal. For more information about these and other new requirements related to investigations and disciplinary proceedings, see the [link to Schools’ Requirements]. Also, the 2013 VAWA amendments to the Clery Act provide stronger recourse for survivors, witnesses, and survivors’ advocates in the event of retaliation from students or the university. For details about the requirements of the 2013 VAWA amendments to the Clery Act, see the Clery Center’s “The Campus Sexual Violence Elimination Act” summary. For an overview of Clery Act requirements that predate the 2013 VAWA amendments, and remain effective, see the “Summary of the Jeanne Clery Act”

Enforcement and Penalties

The U.S. Department of Education Clery Act Compliance Division is responsible for enforcing the Clery Act. Any person who believes that an educational institution that receives federal funds has failed to comply with the Clery Act—for example, by failing to accurately disclose incidents of sexual assault in its ASR or failing to provide a survivor with required rights or options—may file a Clery complaint. The Compliance Division also may initiate a review of a school’s compliance based on media reports, data analysis, or other information self-reported by a school, even if a complaint has not been filed. For more information about filing a Clery Act complaint, see “How to File a Clery Act Complaint.” At the conclusion of an investigation, a school may receive a warning, a fine of up to $35,000 per Clery violation, the limitation or suspension of federal aid, or the loss of eligibility to participate in federal aid programs. For more information about the review process, see the Federal Student Aid office, where you can also look up schools’ Clery Act reports. You can also read “Clery Act Complaints” for more information about the Compliance Division’s responsibilities.

FERPA

The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, is a federal law, implemented by 34 C.F.R. Part 99, that protects the privacy of student education records. The law applies to all schools that receive funds from an applicable program of the U.S. Department of Education. With a few exceptions, FERPA prohibits the disclosure of personal identifying information from a student’s educational record without the student’s prior written consent. FERPA requires a school to protect a survivor’s confidentiality. The Clery Act and Title IX also require schools to protect survivors’ confidentiality, so a violation of FERPA may, in addition, constitute a violation of the Clery Act and Title IX. Schools are allowed under FERPA to release to anyone the name of a student found responsible for committing a forcible or non-forcible sex offense, as well as the sanction imposed on the student.[1]

For more information about FERPA and filing a FERPA complaint alleging noncompliance by a school, see the Department of Education’s guidance.

[1] FERPA defines a Forcible Sex Offenses as:

“Any sexual act directed against another person, forcibly or against that person’s will, or both; or not forcibly or against the person’s will where the victim is incapable of giving consent.

(a) Forcible Rape (Except “Statutory Rape”). The carnal knowledge of a person, forcibly or against that person’s will, or both; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his or her temporary or permanent mental or physical incapacity (or because of his or her youth).

(b) Forcible Sodomy. Oral or anal sexual intercourse with another person, forcibly or against that person’s will, or both; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity.

(c) Sexual Assault With An Object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly or against that person’s will, or both; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity.”

via For Students