E (2). Nonconsensual Sexual Contact

Nonconsensual sexual contact is any physical contact with another person of a sexual nature without effective consent, including touching someone’s intimate parts (such as genitalia, groin, breast, or buttocks, either over or under clothing); touching a person with one’s own intimate parts; or forcing a person to touch another’s intimate parts.

Nonconsensual sexual contact includes the Clery Act definition of fondling: 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 their age or because of their temporary or permanent mental incapacity.