Definitions

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

 

 

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 based on consideration of the following factors: 

- The length of the relationship;- The type of relationship; and- The frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. 

 

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 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

 

Removal of an alleged offender from the recipient's education program or activity on an emergency basis if, after an individualized safety and risk analysis, there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment and the alleged offender is provided with notice and an  opportunity to challenge the decision immediately after the removal.

 

Refers to the attitudes and beliefs we have about a person or group on a conscious level.

 

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. 

 

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

 

Refers to the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner. 

 

Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 

 

Burden of proof requiring the party with the burden to convince the fact finder that there is a greater than 50% chance that the claim is true ("more likely than not").

 

Sexual harassment that occurs when a school employee (or agent of the school) creates a situation in which a student’s participation in an education program or activity is conditioned on the student’s submission to sexual conduct, whether verbal, nonverbal, or physical in nature.

 

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. 

 

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

 

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

 

An offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBl's Crime Reporting system. 

 

An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct; Unwelcome conduct determined by a reasonable person to be so severe, pervasive AND objectively offensive that it effectively denies a person equal access to the recipient's education program or activity; or "Sexual Assault,"Dating Violence," "Domestic Violence" or "Stalking" as defined in the Clery Act. 

 

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

 

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to 

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. 

 

Sexual intercourse with a person who is under the statutory age of consent. 

 

Significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.

 

Individualized services provided to a complainant or respondent that are non- punitive, non-disciplinary, and do not unreasonably burden the other party yet are designed to restore or preserve a person’s equal access to education.