APPENDIX -3-
Revised 2.22
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person depicted when the depicted person has not consented to the transmission and the depicted person had
a reasonable expectation of privacy against transmission of the private image.
Sexual Extortion – ALA. CODE § 13A-6-241
(a) A person commits the crime of sexual extortion if he or she knowingly causes or attempts to cause another
person to engage in sexual intercourse, sodomy, sexual contact, or in a sexual act or to produce any
photograph, digital image, video, film, or other recording of any person, whether recognizable or not, engaged
in any act of sadomasochistic abuse, sexual intercourse, sodomy, sexual excitement, masturbation, breast
nudity, genital nudity, or other sexual conduct by communicating any threat to injure the body, property, or
reputation of any person.
Possession and Possession with Intent to Disseminate Obscene Matter Containing Visual
Reproduction of Persons Under 17 Years of Age Involved in Obscene Acts – ALA. CODE § 13A-12-192
(a) Any person who knowingly possesses with intent to disseminate any obscene matter that contains a visual
depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual
intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be
guilty of a Class B felony. Any transfer of the visual depiction from any electronic device to any other device,
program, application, or any other place with storage capability which can be made available or is accessible by
other users, is prima facie evidence of possession with intent to disseminate.
(b) Any person who knowingly possesses any obscene matter that contains a visual depiction of a person under
the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement,
masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class C felony.
SEXUAL HARASSMENT OR GENDER-BASED HARASSMENT
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UA Title IX Sexual or Gender-based Harassment
Sexual Harassment includes conduct on the basis of sex, which may include unwelcome sexual advances,
requests for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic,
physical, or otherwise, when the conditions outlined in (1) and/or (2), below, are present.
Gender-based Harassment includes unwelcome harassment directed at an individual and based on gender,
sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or
hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct
of a sexual nature, when the conditions outlined in (1) and/or (2), below, are present.
(1) An employee conditioning the provision of an aid, benefit, or service of the University on an
individual’s participation in unwelcome sexual conduct (often referred to as “quid pro quo”
harassment); or
(2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively
offensive that it effectively denies a person equal access to the University’s education program or
activity (often referred to as “hostile environment” harassment). In evaluating conduct, the University
will consider the totality of known circumstances, including, but not limited to:
• The frequency, nature and severity of the conduct;
• Whether the conduct was physically threatening;
• Whether the incident involved severe humiliation rather than was merely offensive;
• The effect of the conduct on the Complainant’s mental or emotional state;
• Whether the conduct was directed at more than one person;
• Whether the Complainant was offended by the conduct;
• Whether the conduct arose in the context of other discriminatory conduct;
• Whether the conduct unreasonably interfered with the Complainant’s educational or work
performance and/or University programs or activities; and
• Whether the conduct implicates concerns related to academic freedom or protected speech.
Non-Title IX Sexual or Gender-based Harassment
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Reports of Title VII Sexual and Gender-Based Harassment will be addressed under UA’s Equal Opportunity and Discriminatory
Harassment Policy.