Title IX & Sexual Harassment

An individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Respondent

An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

The Title IX official who receive the formal complaint.

A document filed by a complainant or signed by the Title IX Coordinator, alleging sexual harassment against a respondent and requesting that the recipient investigate the allegation of sexual harassment.

Are non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed.

Advisor

Is a person selected by the complainant or respondent to advise the them during the grievance process along with the live hearing.

A person (s) who witness alleged violation(s) and can provide facts.

The standard of proof the College uses to investigate reports of sexual misconduct. Preponderance of the evidence means, “more likely than not.” Where a person is alleged to have committed a particular act of sexual misconduct, the allegation is established by a preponderance of evidence when the evidence is such that is more likely than not true that the person committed the act.

Sexual Harassment is defined as conduct on the basis of sex that satisfies one or more of the following:

Sexual Assault is any attempted or actual sexual act directed against another person without consent of the victim, including instances where the victim is incapable of giving consent.

Any attempted or actual sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.

Rape is 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. This offense includes the rape of both males and females.

• Fondling is the touch8ing of the private 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.
• Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape is sexual intercourse with a person who is under the statuary age of consent.

• Consent is a voluntary agreement to engage in sexual activity.
• Consent cannot be given by someone who is incapacitated.
• Past consent does not imply current or future consent.
• Silence or absence of resistance does not imply consent.
• Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person.
• Consent can be withdrawn at any time.
• Coercion, force, or threat of either invalidates consent.
• An individual under the age of 17 cannot give consent.

A physically helpless person is considered to be one who is asleep, unconscious or for any other reason unable to communicate unwillingness to engage in any act. A mentally incapacitated person may be one who is under the influence of alcohol or a drug or who is mentally incapable of understanding the implications and consequences of any act.

A hostile environment is created when a person in authority requests sex in exchange for favors and through the presence of demeaning or sexual photographs, jokes or threats that create an intimidating offensive environment.

Dating violence is defined as violence committed by a person who is currently in or has been in a social relationship or a romantic or intimate relationship with the victim.

• The existence of such a relationship shall be determined based on the reporting party’s statement 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.
• 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.

Domestic Violence is defined as a felony or misdemeanor crime of violence committed by:

• 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 co-habiting with, or has cohabited with, the victim as a spouse or intimate partner;
• 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;
• 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.

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that person’s safety or the safety of others or to cause that person to suffer substantial emotional distress.

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, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Sexual exploitation is defined as occurring when an individual takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit or to take advantage of anyone other than the one being exploited, and such behavior does not otherwise constitute one of the other sexual misconduct offenses.

Sexual intimidation is defined as an implied or actual threat to commit a sex act against another person, or behavior used to coerce participation in a sex act.