NCHERM, which plays a leading role in setting campus policies on sexual misconduct, thinks the example below is misconduct. What do you think?

The National Center for Higher Education Risk Management (NCHERM) advises colleges on sexual assault policy and plays a major role in shaping the public discourse about sexual misconduct on campus. It's client list reads like a who's who of American institutions of higher learning. The federal initiatives reflected in the Department of Education's April 4 "Dear Colleague" letter were a reaction to its efforts.  (See, e.g., here.) 



Here is an example of what NCHERM thinks constitutes sexual misconduct (found on page 9 of this document). What do you think?