Consent – Permissible sexual conduct requires consent. An individual cannot consent who is incapacitated by any drug or intoxicant; or who has been compelled by force, threat of force, or deception; or if the responding party substantially impairs the victim/survivor’s judgment or control by administering any drug, intoxicant or controlled substance to the other person surreptitiously or by force, threat of force, or deception; or who is unaware that the act is being committed; or whose ability to consent is impaired because of a mental or physical condition; or who is coerced by supervisory or disciplinary authority. Consent may be drawn at any time. Prior sexual activity or relationship does not, in and of itself, constitute consent.

Hostile environment – Unwelcome conduct of a sexual nature that unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from education or employment programs.

Incapacitation – a mental state in which an individual cannot make rational decisions because they lack the capacity to give knowing consent. Such incapacitation may be caused by alcohol or other drug use, sleep or unconsciousness, or physical or mental impairment.

Intimate Partner Violence (Domestic or Dating Violence) – Pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. This violence can be physical, sexual, emotional, economic, or psychosocial actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. Intimate partner violence can include in domestic relationships or dating relationships.

Domestic Relationships include:

  • A current or former spouse or intimate partner of the victim.
  • A person with whom the victim shares a child in common.
  • A person who is cohabitating with or who has cohabitated with the victim as a spouse or intimate partner.
  • A person similarly situated to a spouse of the victim.
  • 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.

Dating Relationships include:

  • Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
  • The existence of such a relationship shall be determined based on the reporting party’s statement with consideration of the length of relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Intimidation – Conduct that threatens, intimidates, harasses, or endangers the health of a person, or causes reasonable apprehension of such harm or threat. (9) Retaliation- Action taken by a person against a person who has sought relief under this procedure. Examples include academic or employment reprisal against an individual who files a complaint or third-party report, or otherwise participates in the investigative and/or disciplinary process. The prohibition against retaliation extends to any person who opposes acts of harassment or discrimination or who testifies, assists, or participates in any manner in an investigation, proceeding, or hearing relative to harassment or discrimination. Any student or employee who is determined to have engaged in conduct in violation of retaliation will be subject to appropriate disciplinary action, up to and including suspension or expulsion (in the case of a student) or termination (in the case of an employee) in accordance with the Student Code of Conduct or applicable employee policies or handbooks.

Preponderance of Evidence the standard of evidence used to determine whether a violation has occurred and means “more likely than not.”

Reporting Party – The individual who is the recipient of unwelcome behavior which is outlined in the Title IX/Sexual Misconduct Procedures and Guidelines.

Responding Party – The individual who is facing an accusation of violation of the Title IX/Sexual Misconduct Procedures and Guidelines.

Sex Discrimination – Negative or adverse treatment based on sex, sexual orientation, gender or gender identity.

Sexual Harassment – Unwelcome sexual advance(s), request(s) for sexual favor(s), or other verbal or physical conduct of a sexual nature that is severe, persistent or pervasive and objectively offensive.

Sex Offense – Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Anti-Discrimination and Harassment Board Policy No.: 3358:11-4-17 2

  1. Rape – The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  2. 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 his/her age or because his/her temporary or permanent mental incapacity.
  3. Incest – Non-forcible sexual intercourse between persons who are related to each other within degrees wherein marriage is prohibited by law.
  4. Statutory Rape – Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Stalking – 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. For the purpose of this definition-

  1. “Course of conduct” means two or more acts, including but not limited to, acts in which the stalker directly, or indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
  2. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
  3. “Reasonable person” means one under similar circumstances with similar identities to the victim.