Administrative Resolution

Resolution of a Complaint by the Equity Officer or Title IX Coordinator making the finding on each of the alleged policy violations and the finding on sanctions. Policy for Student, Faculty, Staff, and University as Respondent.

Advisors

The individuals selected by each Complainant and Accused to provide support and guidance throughout the Equity Resolution Process. Each party is allowed one advisor. Policy for Students, Faculty, Staff, and University as Respondent.

Amnesty for Minor Student Conduct Violations

In order to foster reporting and participation, the University may provide amnesty to complainants and witnesses for minor student conduct violations ancillary to the incident. Policy for Students as Respondent.

Complainant

The person alleged to have been subjected to discrimination, harassment or sexual misconduct in violation of the University’s Anti-Discrimination Policies. Policy for Students, Faculty, Staff, and University as Respondent.

Conflict Resolution

Resolution using alternative dispute resolution mechanisms such as mediation, facilitated dialogue or restorative justice. Policy for Students, Faculty, Staff and University as Respondent.

Consent to Sexual Activity

Consent to sexual activity is knowing and voluntary. Consent to sexual activity requires of all involved persons a conscious and voluntary agreement to engage in sexual activity. Each person engaged in the sexual activity must have met the legal age of consent. It is the responsibility of each person to ensure they have the consent of all others engaged in the sexual activity. Consent must be obtained at the time of the specific activity and can be withdrawn at any time. Consent, lack of consent or withdrawal of consent may be communicated by words or non-verbal acts.

Someone who is incapacitated cannot consent. Silence or absence of resistance does not establish consent. The existence of a dating relationship or past sexual relations between the Parties involved should never by itself be assumed to be an indicator of consent. Further, consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Coercion and force, or threat of either, invalidates consent. Relevant policy.

Dating/Intimate Partner Violence

Violence, threats of violence, intimidation and acts of coercion committed by a person who is or has been in a social relationship of a romantic or intimate nature with the recipient of the violent behavior. Relevant policy.

Equity Officers

The Equity Officer is a trained administrator designated by the Chancellor (or Designee) to receive and assist with the investigation and resolution of reports or complaints regarding violation of the University’s Anti-Discrimination Policies. All references to “Equity Officer” throughout this policy refer to the Equity Officer or the Equity Officer’s designee. Policy for Students, Faculty, Staff, and University as Respondent.

Equity Resolution Appellate Officer

A trained, senior-level administrator appointed by the Chancellor, or a person designated by the Chancellor, to hear all appeals stemming from the Equity Resolution Process. Policy for Students, Faculty, Staff, and University as Respondent.

Equity Resolution Hearing Panel (“Hearing Panel”)

A group of three (3) trained Equity Resolution Hearing Panelist Pool members who serve as the Hearing Panel for a specific Complaint. Whenever possible, the panel will include at least one faculty member and one administrator or staff member. Policy for Students and Faculty as Respondent.

Equity Resolution Hearing Panelists Pool (“Hearing Panelist Pool”)

A group of at least 10 faculty and 10 administrators and/or staff selected by the Chancellor (or designee) to serve as hearing panel members in the Hearing Panel Resolution. The faculty hearing panel members selected by the Chancellor (or designee) shall be selected from a list of no less than twenty (20) faculty members proposed by the faculty council/senate. Policy for Students and Faculty as Respondent.

Equity Resolution Process

The step-by-step process outlined in the Collected Rules and Regulations by which complaints of the University’s Anti-Discrimination Policies are resolved. Policy for Students, Faculty, Staff, and University as Respondent.

Gender Expression

“Gender expression” refers to how a person presents themselves — female, male, androgynous, or as another gender — as evidenced by their manner of dress, speech, or other physical expression.

Gender Identity

“Gender identity” refers to people’s internal knowledge of their own gender. A person may identify as a gender that does or does not appear to correspond to the sex (male or female) assigned to that person at birth, or the person may identify as neither female nor male.

Hearing Panel Resolution

Resolution of a Complaint by an Equity Resolution Hearing Panel making the finding on each of the alleged policy violations and the finding on sanctions. Policy for Students and Faculty as Respondent.

Incapacitated

A state in which rational decision-making or the ability to consent is rendered impossible because of a person’s temporary or permanent physical or mental impairment, including but not limited to physical or mental impairment resulting from drugs or alcohol, disability, sleep, unconsciousness or illness. Consent does not exist when the Respondent knew or should have known of the other individual’s incapacitation. Incapacitation is determined based on the totality of the circumstances. Incapacitation is more than intoxication but intoxication can cause incapacitation.

Factors to consider in determining incapacity include, but are not limited to, the following:

  1. Lack of awareness of circumstances or surroundings (e.g., an inability to understand, either temporarily or permanently, the who, what, where, how and/or why of the circumstances; blackout state)
  2. Inability to physically or verbally communicate coherently, particularly with regard to consent (e.g., slurred or incoherent speech)
  3. Lack of full control over physical movements (e.g., difficulty walking or standing without stumbling or assistance)
  4. Physical symptoms (e.g., vomiting or incontinence).

Relevant policy.

Respondent

The person, persons or organization alleged to have violated the University’s Anti-Discrimination Policies. Policy for Students, Faculty, Staff, and University as Respondent.

Retaliation Prohibited

Retaliation is any adverse action taken against a person because of that person’s participation in protected activity. The University strictly prohibits retaliation against any person for making any good faith report of discrimination, harassment, or sexual misconduct or for filing, testifying, assisting, or participating in any investigation or proceeding involving allegations of discrimination, harassment, or sexual misconduct. Any person who engages in such retaliation shall be subject to disciplinary action, up to and including expulsion or termination, in accordance with applicable procedures. Any person who believes they have been subjected to retaliation is encouraged to promptly notify the Equity Officer or Title IX Coordinator. The University will promptly investigate all complaints of retaliation. Policy for Students, Faculty, Staff, and University as Respondent.

Sex Discrimination

Sex discrimination is conduct that is based upon an individual’s sex, pregnancy, gender identity, or gender expression that adversely affects a term or condition of an individual’s employment, education, living environment, or participation in a University activity.

In addition, sexual harassment, sexual misconduct, sexual exploitation, stalking on the basis of sex and dating/intimate partner violence, as further defined below, are forms of sex discrimination which are prohibited under this policy. Relevant policy.

Sexual Exploitation

Sexual exploitation occurs when one person takes nonconsensual or abusive sexual advantage of another person for one’s own advantage or benefit or for the advantage or benefit of anyone other than the person being exploited and which behavior does not constitute any other form of sexual misconduct. Examples of sexual exploitation include, but are not limited to, the following activities done without the consent of all participants:

  1. Invasion of sexual privacy;
  2. Prostituting another person;
  3. Taping or recording of sexual activity;
  4. Going beyond the boundaries of consent to sexual activity (e.g., letting your friends hide to watch you engaging in sexual activity);
  5. Engaging in voyeurism;
  6. Knowingly transmitting an STI, STD, venereal disease or HIV to another person;
  7. Inducing another to expose their genitals;
  8. Nonconsensual distribution of intimate images;
  9. Use or distribution of drugs or alcohol with intent to facilitate sexual contact without consent (i.e., predatory drugs or alcohol).

Relevant policy.

Sexual Harassment

Sexual harassment is defined as:

  1. Unwelcome sexual advances or requests for sexual activity by a person or persons in a position of power or authority to another person; or
  2. Other unwelcome verbal or physical conduct of a sexual nature or because of sex, pregnancy, gender identity, or gender expression when:
    1. Submission to or rejection of such conduct is used explicitly or implicitly as a condition for academic or employment decisions; or
    2. Such conduct creates a hostile environment by being sufficiently severe or pervasive or objectively offensive that it interferes with, limits or denies the ability to participate in or benefit from the University’s educational programs, activities, or employment.

Relevant policy.

Sexual Misconduct

Sexual misconduct includes:

  1. Nonconsensual sexual intercourse;
  2. Nonconsensual sexual contact involving the sexual touching of a body part (i.e., the lips, genitals, breast, anus, groin, or buttocks of another person) or the nonconsensual sexual touching of another with one’s own genitals whether directly or through the clothing;
  3. Exposing one’s genitals to another under circumstances in which one should reasonably know that the conduct is likely to cause affront or alarm; or
  4. Sexual exploitation.

Relevant policy.

Stalking on the Basis of Sex

Stalking on the basis of sex is following or engaging in a course of conduct on the basis of sex with no legitimate purpose that makes another person reasonably concerned for their safety or would cause a reasonable person under the circumstances to be frightened, intimidated or emotionally distressed. Relevant policy.

Student

A person having once been admitted to the University who has not completed a course of study and who intends to or does continue a course of study in or through one of the campuses of the University. For the purpose of these rules, student status continues whether or not the University’s academic programs are in session. Policy for Students as Respondent.

Student Organization

A recognized student organization which has received Official Approval in accordance with Section 250.010 of the Collected Rules and Regulations. Three members of the organization may represent the student organization as the Party. Policy for Students as Respondent.