Equal Opportunity and Title IX

Advisor:

A silent and non-participating presence who solely observes and provides support during the investigation process. (See definition of Title IX Advisor below for Title IX Sexual Misconduct investigations.)

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Consent

Communication of an affirmative, conscious, and freely made decision by each participant to engage in agreed upon forms of sexual contact. Consent requires an outward demonstration, through understandable words or actions, which conveys a clear willingness to engage in sexual contact.

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Coercion or Force

Conduct, intimidation, and expressed or implied threats of physical or emotional harm that would reasonably place an individual in fear of immediate or future harm, and that are employed to persuade or compel someone to engage in sexual contact.

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Complainant

An individual who is alleged to be the victim of Prohibited Conduct outlined in this policy, regardless of whether this individual makes a report or seeks action under the policy.

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Confidentiality

Information shared with designated community professionals, referred to in this Policy as External Confidential Resources, will be disclosed only with the individual’s express written permission. External Confidential Resources will not share information about an individual (including whether that individual has received services) with anyone, including the College, without the individual’s express written permission, unless there is a continuing threat of serious violence to the patient/client or to others or there is a legal obligation to reveal such information (e.g..., suspected abuse or neglect of a minor).

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Consent

Communication of an affirmative, conscious, and freely made decision by each participant to engage in agreed upon forms of sexual contact. Consent requires an outward demonstration, through understandable words or actions, which conveys a clear willingness to engage in sexual contact.

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Discrimination

Any unlawful distinction, preference or detriment to an individual as compared to others that is based on an individual’s protected status and that is sufficiently serious, persistent, or pervasive so as to unreasonably interfere with or limit: an employee’s or applicant for employment’s access to employment or conditions and benefits of employment; a student’s or admission applicant’s ability to participate in, access, or benefit from educational programs, services or activities; an authorized volunteer’s ability to participate in a volunteer activity; or a guest’s or visitor’s ability to participate in, access or benefit from the college’s programs. Discrimination also includes failing to provide reasonable accommodations consistent with state and federal laws, to a qualified person with a disability.

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Educational Program or Activity

Locations, events or circumstances over which the school exercises substantial control over the Respondent and the context in which the alleged sexual harassment has occurred. This includes any building owned or controlled by a student organization that is officially recognized by the College. This includes programs or activities that occur on or off-campus.

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Gender-Based Harassment

Sexual harassment also includes harassment based on gender, sexual orientation, or gender identity, which may include acts of verbal, nonverbal or physical aggression, intimidation, or hostility based on sex/gender or sex/gender stereotyping, even if the acts do not involve conduct of a sexual nature. Also includes harassment for exhibiting what is perceived as stereotypical characteristic for one’s sex or for failing to conform to stereotypical notions of masculinity and femininity, regardless of the actual or perceived sex, gender or sexual orientation of the individuals involved.

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Harassment

A type of discrimination that occurs when verbal, physical, electronic or other conduct based on an individual’s protected status interferes with that individual’s: educational environment; work environment; participation in a college program or activity; or receipt of legitimately-requested services (e.g...., disability or religious accommodations), and creates hostile environment harassment or quid pro quo harassment.

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Hostile Environment Harassment

Unwelcome conduct based on protected status that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a college program or activity, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive under both a subjective and objective assessment. An isolated incident, unless sufficiently severe, does not amount to hostile environment harassment.

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Incapacitation

Sleep, unconsciousness, intermittent consciousness or any other state where an individual is unaware or unable to give consent to sexual contact. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact.

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Interpersonal Violence

Physical, sexual, emotional, economic, or psychological actions or threats of actions that a reasonable person in similar circumstances and with similar identities would find intimidating, frightening, terrorizing, or threatening (commonly referred to as domestic violence or dating violence). Such behaviors may include threats of violence to an individual or an individual’s family member.

Interpersonal Violence can encompass a broad range of abusive behavior committed by a person who is or has been:

• In a romantic or intimate relationship with the Complainant (of the same or different sex);
• The Complainant’s spouse or partner (of the same or different sex);
• The Complainant’s family member; or
• The Complainant’s cohabitant or household member.

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Protected Status

Consistent with federal, state, and local laws, the College prohibits Discrimination and Harassment based on race, ethnicity, color, national origin, age, religion, disability, marital status, sex/gender, genetic information, sexual orientation, gender identity, pregnancy, and any other factor protected under applicable federal, state, and local civil rights laws, rules, and regulations.

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Quid Pro Quo Harassment

Unwelcome conduct based on Protected Status where submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions affecting an individual’s education, employment, or participation in a College program or activity; or is sufficiently serious enough to deprive an individual of equal access under this policy.

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Reporting Party

A Complainant or a third party who makes the College aware of Prohibited Conduct under this policy. In situations where the Reporting Party is not the Complainant, the third party will not be entitled to the procedural rights afforded to Complainant, but may be protected from retaliation for their involvement.

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Respondent

An individual who is alleged to have violated the this Policy and who is named in a report alleging violation. A Respondent is not predetermined to be found responsible until a determination is made at the end of the College’s process.

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Responsible Employees

Employees designated by the College to be required to report any allegation of discrimination, harassment or related misconduct to the Title IX Coordinator or a Title IX Deputy Coordinator. This includes employees who have been designated as Campus Security Authorities. These individuals do not have the authority in their role as a Responsible Employee to institute corrective measures for allegations of discrimination or harassment based on a Protected Status.

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Retaliation

Acts or words taken against an individual because of the individual’s participation in a protected activity that would discourage a reasonable person from engaging in protected activity. Protected activity includes an individual’s good faith (i) participation in the reporting, investigation or resolution of an alleged violation of the policy; (ii) opposition to policies, practices or actions that the individual reasonably believes are in violation of the policy; or (iii) requests for accommodations on the basis of religion or disability. Retaliation may include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report made in good faith is not substantiated. Retaliation may be committed by the responding party, the reporting party, or any other individual or group of individuals.

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Sexual Assault/Sexual Contact

Having or attempting to have sexual contact with another individual without consent (as referenced above). Sexual contact is the intentional touching or penetration of another person’s clothed or unclothed body, including but not limited to the mouth, neck, buttocks, anus, genitalia or breast, by another with any part of the body or any object in a sexual manner. Sexual contact also includes causing another person to touch their own or another’s body in a sexual manner. Sexual assault includes, without limitation, sexual battery.

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Sexual Exploitation

Taking advantage of the sexuality of another person without consent or in a manner that extends the bounds of consensual sexual activity without the knowledge of the other individual for any purpose, including sexual gratification, financial gain, personal benefit or any other non-legitimate purpose. Examples include, but are not limited to, observing another individual’s nudity or sexual activity without the knowledge and consent of all parties, non-consensual streaming of images, etc., without the knowledge and consent of all parties, and exposing one’s genitals in non-consensual circumstances.

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Sexual Harassment

Any unwelcome sexual advance, request for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature, when: submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s academic work, employment or participation in any aspect of a college program or activity; or submission to the rejection of such conduct by an individual is used as the basis for decisions affecting the individual; or such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance.

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Stalking

Repeated, unwanted attention; physical, verbal, or electronic contact; or any other course of conduct directed at an individual that is sufficiently serious to cause physical, emotional, or psychological fear or distress, or to create a hostile, intimidating or abuse environment for a reasonable person in similar circumstances and with similar identities. Stalking includes the concept of cyberstalking.

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Title IX Advisor

An individual, who may be an attorney, who is selected by either the Complainant or Respondent and is permitted to participate as defined above in the Title IX Misconduct process, including conducting cross examination during a live hearing. Apart from their role in cross examination, this person will be a silent and non-participating presence who solely observes and provides support during the investigation process.

If a party does not have an advisor present at the live hearing, the school must provide, without fee or charge to that party, an advisor of the school’s choice who may be, but is not required to be, an attorney to conduct cross examination on behalf of that party.

Title IX Advisors shall exercise independent judgment in carrying out their duties.

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Title IX Coordinator

The designated College official with primary responsibility for coordinating the College’s compliance with Title IX, of the Educational Amendments of 1972.

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Title IX Deputy Coordinators

Individuals responsible for supporting the Title IX Coordinator and accessible to any College community member for consultation and guidance on issues related to Title IX Sexual Misconduct.

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Title IX Interpersonal Violence

Includes the definitions of Domestic Violence and Dating Violence as defined in the Violence Against Women Act (VAWA).

Domestic Violence is a pattern of abusive behavior in a relationship that is used by one partner to maintain power and control over another current or former intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behavior that intimidates, manipulates, humiliates, isolates, frightens, terrorizes, coerces, threatens, hurts, injures, or wounds someone.

Dating Violence is violence and abuse committed by a person to exert power and control over a current or former dating partner. Dating violence often involves a pattern of escalating violence and abuse over a period of time. Dating violence covers a variety of actions and can include physical abuse, physiological and emotional abuse, and sexual abuse. It can also include “digital abuse”, the use of technology, such as smartphones, the internet, or social media, to intimidate, harass, threaten, or isolate a victim.

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Title IX Sexual Assault

As defined in the Clery Act, including any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

1. 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 of his/her temporary or permanent mental incapacity.
2. Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
3. 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.
4. Statutory Rape – Sexual intercourse with a person who is under the statutory age of consent.

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Title IX Sexual Harassment

Misconduct based on sex that is severe and pervasive and objectively offensive conduct, effectively denying a person equal educational access, and/or an employee conditioning the provision of an aid, benefit, or service to a student on the basis of participation in Title IX Sexual Misconduct.

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Title IX Sexual Misconduct

Includes Title IX Sexual Harassment, including any instance of Title IX Sexual Assault, Title IX Interpersonal Violence or Title IX Stalking.

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Title IX Stalking

As defined in the Violence Against Women Act (VAWA), stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear. Stalking is dangerous and can often cause severe and long-lasting emotional and psychological harm to victims. Stalking often escalates over time and can lead to domestic violence, sexual assault, and even homicide. Stalking can include frightening communications, direct or indirect threats, and harassing a victim through the internet.