A student or employee has the right to have one advisor of their choice present during
any meeting conducted under Title IX. The advisor may not have personal involvement
regarding any facts or circumstances of the alleged misconduct. The advisor's only
function shall be to assist and/or consult with the student or employee. The advisor
may not act as a spokesperson. The advisor may be an attorney but participation shall
be limited, previously as stated.
Consent
Consent means the affirmative and voluntary agreement to engage in a specific sexual
activity during a sexual encounter. Consent cannot be given by any individual who
is mentally or physically incapacitated, either through the effect of drugs or alcohol
or for any other reason; or under duress, threat, coercion, or force; or inferred
under circumstances in which consent is not clear, including but not limited to the
absence of "no" or "stop," or the existence of prior or current relationship or sexual
activity.
Dating Violence
Dating violence includes violence committed by a person who is or has been in a relationship
of a romantic or intimate nature with the victim: (1) The existence of such a relationship
shall be determined based on the report and with consideration of the length of the
relationship, the type of relationship, and the frequency of interaction between the
persons involved in the relationship. (2) For the purpose of this definition dating
violence includes, but is not limited to, sexual or physical abuse or the threat of
such abuse. Dating violence does not include acts covered under the definition of
domestic violence. (3) For the purposes of complying with Title 34 CFR 668.41, of
the federal register and pertaining to the annual security report under the Jeanne
Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery
Act), any incident meeting this definition is considered a crime for the purposes
of Clery Act reporting.
Domestic Violence
Domestic violence includes: (1) A felony or misdemeanor crime of violence committed
by a current or former spouse or intimate partner of the victim, by a person with
whom the victim shares a child in common, by a person who is cohabitating with or
has cohabitated with the victim as a spouse or intimate partner, by a person similarly
situated to a spouse of the victim under the domestic or family violence laws of the
jurisdiction in which the crime of violence occurred, or by any other person against
an adult or youth victim who is protected from that person's acts under the domestic
or family violence laws of the jurisdiction in which the crime of violence occurred.
(2) For the purposes of complying with Title 34 CFR 668.41, any incident meeting this
definition is considered a crime for the purposes of Clery Act reporting.
Hostile Environment
Hostile environment includes conduct of a sexual nature that is sufficiently severe,
persistent, or pervasive to limit a student's or employee's ability to participate
in or benefit from the education program or from one's employment, or to create a
hostile or abusive educational or work environment.
Incapacitation
Incapacitation includes a person's inability to provide consent due to the use of
drugs or alcohol, when the person is asleep or unconscious, or because of an intellectual
or other disability that prevents the student or employee from having the capacity
to give consent.
Responding Person
A responding person includes any student or employee against whom a complaint under
this policy has been made for an alleged violation of this policy.
Sexual Assault
Sexual assault is any type of sexual contact or behavior that occurs without the explicit
consent of the recipient. Sexual assault includes sexual activities as forced sexual
intercourse, forcible sodomy, child molestation, incest, fondling, attempted rape,
and includes sexual acts against people who are unable to consent either due to age
or incapacitation.
Sex Discrimination
Sex discrimination includes behaviors and actions that deny or limit a person's ability
to benefit from and/or fully participate in the educational programs, activities,
and services because of a person's gender.
Sexual Harassment
Sexual Harassment includes unwelcome sexual advances, intimidation, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when: (1) submission
to such conduct is made either explicitly or implicitly a term or condition of employment,
academic status, receipt of university services, participation in university activities
and programs, or affects the measure of a student's academic performance; or (2) submission
to or rejection of such conduct is used as the basis for a decision affecting employment,
academic status, receipt of services, participation in university activities and programs,
or the measure of a student's academic performance; or (3) such conduct has the purpose
or effect of unreasonably interfering with employment or academic performance and
is severe, persistent, or pervasive and/or creates an intimidating, hostile, or offensive
work or educational environment.
Sexual Misconduct
Sexual misconduct includes any sexual act or contact of a sexual nature that occurs,
regardless of personal relationship, without the consent of the other person(s), or
that occurs when the person(s) is unable to give consent or whose consent is coerced
or obtained in a fraudulent manner. Sexual misconduct includes, but is not limited
to, unwanted sexual contact with an object without consent and/or by force, video
voyeurism, violence of a sexual nature, sexual abuse, non-consensual sexual intercourse,
sexual exploitation, sexual assault, and obtaining, posting, or disclosure of intimate
descriptions, photos, or videos without express consent of the other person(s).
Stalking
Stalking includes: (1) Engaging in a course of conduct directed at a specific person
that would cause a reasonable person to fear for the person's safety or the safety
of others; or suffer substantial emotional distress. (2) For the purpose of this definition
course of conduct means two or more acts, including, but not limited to, acts in which
the stalker directly, indirectly, or through third parties, by any action, method,
device, or means follows, monitors, observes, conducts surveillance, threatens, or
communicates to or about, a person, or interferes with a person's property. Substantial
emotional distress means significant mental suffering or anguish that may, but does
not necessarily, require medical or other professional treatment or counseling. Reasonable
person means a reasonable person under similar circumstances and with similar identities
to the victim.
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