V. Definitions

Advisor – An individual chosen by a Reporting Party or Responding Party, to provide support during the review of a report of possible sexual misconduct under this policy. The Advisor may be an attorney. The person(s) chosen may not already be, or reasonably anticipated to be, directly involved in the investigative process (for example, as a Reporting Party, Responding Party, or witness), and may not speak on behalf of the person they are supporting, but instead may be present only to provide assistance or advice to the individual they are supporting.
Clery Act - Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) is a federal law that requires colleges and universities to disclose information about crime on or around their campuses. The law has been amended to include various requirements, such as affording reporters of campus sexual assault certain basic rights.
College Program or Activity – A College-sponsored or required activity, including, but not limited to, educational programming, residential programming, extra-curricular programming and employment.
Consent – For the purposes of this Policy, affirmative consent is a clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
Domestic Violence, Dating Violence and/or Relationship Violence – A pattern of abusive behaviors used to exert power and control over a current or former romantic or intimate partner (Co-habitants or roommates are not included as they do not fit this definition). This can include emotional, sexual, verbal or economic actions, or physical threats of violence. Acts may include any behaviors that intimidate, isolate, manipulate, humiliate, coerce, frighten, blame or hurt someone. This can happen to anyone, regardless of race, sexual orientation, age, education, religion, gender, etc.
Gender-Based Harassment – Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
Incapacitated – Lacking the physical and/or mental ability to make informed, rational judgments. This may have a variety of causes, including, but not limited to, being asleep or unconscious, being substantially impaired due to consumption of alcohol or drugs, experiencing blackouts or flashbacks, or intellectual or other disability.
Reporting Party – An individual who experienced or is reported to have experienced sexual misconduct, domestic violence, dating violence and/or stalking, regardless of whether that individual participates in the disclosure or review of that report by the College at any point.
Responding Party – A College student, faculty or staff member, or a participant in a College program or activity, who is reported to have engaged in sexual misconduct. This term also includes individuals whose identities are unknown if:
1. There is reason to believe that they may be a College student or participant in a College program; or,
2. The Reporting Party or individual who discloses the incident to the college is a student, faculty or staff member.
Sexual Misconduct – Umbrella term used to encompass unwanted or unwelcome conduct of a sexual nature that is committed without valid consent, including sexual assault and sexual harassment. Sexual misconduct may occur between people of the same sex or between people of different sexes and regardless of gender expression or identity. Sexual misconduct can include both intentional conduct and conduct that result in negative effects, even if those negative effects were unintended. Sexual misconduct can also include retaliation in connection with an individual’s report under this policy. Sexual misconduct may include the following:
1. Sexual Assault: Unwanted or unwelcome touching of a sexual nature, including hugging, kissing, fondling, oral sex, anal or vaginal intercourse, or other physical sexual activity that occurs without valid consent.
2. Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. The College encourages reporting of all unwelcome conduct of a sexual nature, so that it can investigate as appropriate, and determine if the conduct violates Title IX. Such conduct violates Title IX if:
  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education, living environment, employment, or other participation in a College program or activity;
  2. Submission to or rejection of such conduct by an individual is used as the basis for or a factor in decisions affecting that individual’s education, living environment, employment, or other participation in a College program or activity; or,
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s educational performance or creates an intimidating, hostile, offensive, or abusive environment for that individual’s education, living environment, employment, or other participation in a College program or activity.
    Examples may include, but are not limited to, the following: unwanted sexual statements; unwanted personal attention including stalking and cyber-stalking; unwanted physical or sexual advances that would constitute sexual assault, as defined in this policy; electronically recording, photographing, or transmitting intimate or sexual utterances, sounds, or images without the knowledge and consent of all parties involved; touching oneself sexually for others to view; and voyeurism (spying on others who are in intimate or sexual situations).
    
    Conduct reported as sexual harassment will be evaluated by considering the totality of the particular circumstances, including the nature, frequency, intensity, location, context, and duration of the questioned behavior. Although repeated incidents generally are more likely to create a hostile environment, a serious incident, even if isolated, can be sufficient. For example, a single instance of sexual assault can create a hostile environment in violation of this policy. In any event, as noted above, the College encourages reporting of all unwelcome conduct of a sexual nature so that it can determine whether it violates the College’s policies.
Stalking – A pattern of unwanted conduct directed at another person who threatens or endangers the safety, physical or mental health, or life or property of that person, or creates a reasonable fear of such a threat or action. Examples of behaviors that may constitute stalking include:
1. Following a person, with or without that person’s knowledge;
2. Calling or texting excessively;
3. Knowing a person’s schedule and/or showing up at places s/he goes;
4. Threatening to hurt a person, that person’s friends, family, pets, or themselves;
5. Damaging property; and,
6. Gestures that may appear non-threatening (cards, flowers, emails, etc.), but are unwanted.
Title IX – Title IX of the Education Amendments of 1972 (Title IX) (20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106) (as amended) is a federal law that prohibits sex-based discrimination, including sexual harassment and sexual assault, in education programs that receive federal financial assistance.
Title IX Coordinator – The College official charged with ensuring the College’s overall compliance with Title IX and related College policy.