Title IX Terminology

Reporting Party – Within the college’s processes the reporting party is the party making the allegations.

Responding Party – Within the college’s processes the Respondent is the person who the allegations have been made against.

Proceeding – Proceeding means all activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, fact-finding investigations, and formal or informal meetings.

Result – Result means any initial, interim, and final decision by any official or entity authorized to resolve disciplinary matters within the institution. The result must include any sanctions imposed by the institution. Notwithstanding (FERPA), the result must also include the rational for the result and the sanctions.

Coercion – Coercion is the improper use of pressure to compel another individual to initiate or continue sexual activity against his/her will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to “out” someone based on sexual orientation, gender identity or gender expression and threatening to harm oneself if the other party does not engage in the sexual activity.

Incapacitation – Incapacitation is a state where an individual cannot make an informed and rational decision to engage in sexual activity because he/she lacks conscious knowledge of the nature of the act, and/or is physically helpless. An individual is incapacitated, and therefore unable to give consent, if he/she is asleep, unconscious, or otherwise unaware that sexual activity is occurring. Evaluating incapacitation also requires an assessment of whether a Respondent knew or should have known that the Complainant was incapacitated.

Affirmative Consent – FIDM policy defines affirmative consent as affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

Sexual Harassment – Sexual harassment is a form of discrimination that can undermine the foundation of trust and mutual respect that must prevail for the college to fulfill its educational mission. Two types are quid pro quo harassment, and harassment when conducted creates a hostile environment.

  • Quid Pro Quo – Sexual harassment defined as unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly, a term or condition of an individual’s employment or educational benefits or services, or submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual. Page 6 of 27 Rev. 1.2016
  • Hostile Environment – Sexual harassment defined as intimidating, threatening, or offensive verbal or physical conduct of sexual nature, including incidents of sexual assault, or violence, which is unwelcome and is sufficiently severe or pervasive to interfere with an employee’s work environment or a student’s education.

Sexual harassment is not limited to conduct motivated by sexual attraction. It may occur between members of the opposite sex or members of the same sex, regardless of their sexual orientation. It also includes offensive non-sexual conduct directed at an individual because of his or her gender.

Examples:

  • Verbal harassment – Sexual requests, jokes, innuendoes, comments, or sexual remarks about clothing, body or sexual activities.
  • Physical harassment – Attempted or actual kissing, fondling, or other inappropriate touching or feeling.
  • Visual harassment – Drawings, written/email messages, or comments of suggestive nature.

Sexual Violence – Sexual violence is an extreme form of hostile environment/sexual harassment. The scope of these offences includes those that are forced and/or against a person’s will, rape, sexual assault, sexual battery and sexual coercion.

Sexual Assault – Sexual assault is defined as any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental incapacity; because of his/her youth; or physical incapacity. Sexual assault includes, but is not limited to rape, forcible sodomy, penetration with a foreign object, sexual battery or the threat of sexual assault.

Sex Offenses – Sex offenses may be categorized as forcible or non-forcible:

Forcible – Force is the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity. For the use of force to be demonstrated, there is no requirement that a Complainant resists the sexual advance or request. However, resistance by the Complainant or when the Complainant is incapable of giving consent will be viewed as a clear demonstration of non-consent.

Examples:

  • Rape (Except Statutory Rape) – Rape is defined as the carnal knowledge of a person, forcibly and/or against that person’s will or not forcibly or against the Page 7 of 27 Rev. 1.2016 person’s will in instances where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity.
  • Sodomy – Sodomy is oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  • Sexual Assault With An Object – To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  • Fondling – Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Non-forcible – Non-forcible is defined as unlawful, non-forcible sexual intercourse.

Examples:

  • Incest – Incest is non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape – Statutory Rape is non-forcible sexual intercourse with a person who is under the statutory age of consent.

Stalking – A course of physical or verbal conduct directed at another individual that could be reasonably regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party. A course of conduct consists of at least two acts. The feared harm or injury may be physical, emotional, or psychological, or related to the personal safety, property, education, or employment of that individual. Stalking includes cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion.

Retaliation – Retaliation is acts or attempts to retaliate or seek retribution. Retaliation can take many forms, including threats, intimidation, pressuring, continued abuse, violence, reprisal and/or an adverse action related to employment or education. Retaliation may be committed by Page 8 of 27 Rev. 1.2016 or against an individual or a group, and that a Complainant, Respondent or third party may commit or be the subject of retaliation. Retaliation against a person who properly reports or participates in the investigation of violations is strictly prohibited. Retaliation may result in additional sanctions or legal action, or both.

Intimate Partner Violence (IPV)* – Intimate partner violence, often referenced as Domestic Violence and/or Dating Violence, describes physical violence, sexual violence, stalking and psychological aggression (including coercive acts) by a current or former intimate partner. An intimate partner is a person with whom one has a close personal relationship that can be characterized by the following: emotional connectedness; regular contact; ongoing physical contact and sexual behavior; identity as a couple and/or; familiarity and knowledge about each other’s lives.

The relationship need not involve all of these dimensions. Examples of intimate partners include current or former spouses, boyfriends or girlfriends, dating partners, or sexual partners. IPV can occur between heterosexual or same-sex couples and does not require sexual intimacy. IPV can vary in frequency and severity. It occurs on a continuum, ranging from one episode that might or might not have lasting impact to chronic and severe episodes over a period of years.

The college will not tolerate IPV of any form. For the purposes of this policy, the college does not define IPV as a distinct form of misconduct. Rather, the college recognizes that sexual harassment, sexual assault, stalking, and retaliation all may be forms of IPV when committed by a person who is or has been involved in a sexual, dating or other social relationship of a romantic or intimate nature with the Complainant.

* Intimate Partner Violence: Definitions (Centers for Disease Control and Prevention) http://www.cdc.gov/violenceprevention/intimatepartnerviolence/definitions.html