Title IX – Glossary & Definitions
Complainant. An individual who is alleged to have experienced conduct that could constitute Prohibited Conduct under this Policy.
Consent. Clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual behavior. Consent to any one form of sexual behavior cannot automatically imply consent to any other forms of sexual behavior. Consent may be initially given but withdrawn at any time throughout the sexual encounter. Previous relationships or prior consent cannot imply consent to future sexual behavior. Consent cannot be given by someone under the age of 16. Consent cannot be given by someone who is incapacitated.
Dating Violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of the relationship shall be determined based on a 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.
Domestic Violence. Felony or misdemeanor crimes of violence committed by a current or former spouse of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. (42 U.S.C. 13925(a)). (For Kentucky see KRS 403.720)
Forcible Fondling. 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 when the complainant is incapable of giving consent.
Forcible Rape. Sexual intercourse performed forcibly and/or against the person’s will, or not forcibly or against the person’s will when the complainant is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity. (For Kentucky, see KRS 510.040-060)
Forcible Sodomy. Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly against the person’s will when the complainant is incapable of giving consent. (For Kentucky, see KRS 510.070-.100)
Education Program or Activity. Includes all of the University’s operations, including locations, events, or circumstances over which the University exercises substantial control over both the respondent and the context in which the conduct occurs; and any building owned or controlled by a student organization that is officially recognized by the University.
Formal Complaint. A document filed by and signed by a complainant or signed by the Title IX Coordinator alleging sexual harassment and/or other forms of sexual misconduct against a respondent AND requesting that the University investigate the allegation(s). Formal complaints must be filed in order to pursue either an Informal Resolution Process or a Formal Resolution.
Formal Resolution. A grievance process initiated when a formal complaint is signed and filed alleging sexual harassment and/or other forms of sexual misconduct against a respondent, and also requests that the complaint be investigated. The Formal Resolution includes an investigation, a decision, and appeal. The decision-making process includes a live-hearing when the complaint involves allegations of “Sexual Harassment – Title IX,” as explained in greater detail in Section XI.G.
Incapacitated. An individual will be deemed incapacitated if they are mentally or physically unable to make rational, reasonable, or fully-conscious decisions at the time of an event.
Informal Resolution Process. Alternate complaint resolution process available when a formal complaint is signed and filed alleging sexual harassment and/or other forms of sexual misconduct against a respondent, and both parties agree to have the complaint resolved informally.
Mandated Reporter. Previously referred to as responsible employees. All University employees, student employees, and affiliated individuals are required to disclose to the Title IX Coordinator any report of sexual harassment or misconduct of which they are aware to ensure the University is able to provide a prompt, thorough, and supportive response. Confidential resources are exempt from this requirement as detailed in Section VI. Mandatory reports do not require that complainants take any specific course of action, or any action at all, with regard to any process under this Policy.
Non-Forcible Sex Offenses. Unlawful, non-forcible sexual intercourse including Incest (sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law) and Statutory Rape (sexual intercourse with a person who is under the statutory age of consent.)
Preponderance of the Evidence. A preponderance of the evidence means that the information or evidence provided is more likely than not to be true. When evaluating the information and evidence, the decision-maker(s) will first evaluate the quality. The decision-maker(s) will consider all of the information and evidence regardless of its origin. Any information or evidence the decision-maker(s) find to be of high quality should be given more weight than any information or evidence the decision-maker(s) find to be of low quality. Quality may or may not be identical with quantity, and sheer quantity alone should not be the basis for a finding of responsibility. The testimony of a single party or witness or a single piece of information or evidence may be sufficient to establish a fact.
Decisions that require the use of an evidentiary standard (determinations of responsibility, process appeals, challenges to Title IX dismissal, and findings of fact) will be made after the decision-maker(s) assess the quality of the information or evidence and unanimously determine that the decision is justified. That is, the decision-maker(s) should find that there is sufficient evidence that is relevant, probable, and persuasive to convince them that a particular assertion is more likely than not and that the evidence supporting such an assertion outweighs any evidence to the contrary.
Prohibited Conduct. Conduct prohibited by this Policy and listed in Section VII. This includes Sexual Harassment – Title IX, Sexual Assault – Non-Title IX, Dating Violence – Non-Title IX, Domestic Violence – Non-Title IX, Stalking – Non-Title IX, Sexual Harassment – Non-Title IX, Threats Toward an Intimate Partner, Sex Discrimination, Harassment on the Basis of Sex, Sexual Exploitation, and Retaliation.
Remedies. Measures determined to be necessary by the Hearing Chair/Panel (Title IX) or Adjudicator (non-Title IX) to restore or preserve the complainant’s equal access to the University’s education program or activity. Remedies will be determined and monitored by the Title IX Coordinator throughout the Complainant’s enrollment, employment, and/or engagement with the University.
Reporting Party. Any person who files a report of Prohibited Conduct.
Respondent. An individual who has been reported to have committed Prohibited Conduct. A respondent can be an individual or a student group or organization that is alleged to have engaged in conduct that violates this policy.
Sexual Assault/Sexual Misconduct With An Object. The use of 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 when the complainant is incapable of giving consent.
Stalking. To “stalk” means to engage in an intentional course of conduct. Directed at a specific person or persons; which seriously alarms, annoys, intimidates, or harasses the person(s). The course of conduct shall be that which would cause a reasonable person or persons to suffer substantial mental distress. (For Kentucky, see KRS 508.130.)
Supportive Measures. Non-disciplinary, non-punitive individualized services offered to both the complainant and respondent as appropriate, reasonably available, and without fee or charge. This is referred to as protective measures in the Clery Act Compliance Section, above.
Title IX Dismissal. If the conduct alleged in a formal complaint does not constitute sexual harassment as defined under Title IX, did not occur in a University education program or activity, or did not occur against a person in the United States, the University must dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under Title IX. When a complaint is dismissed under Title IX, it may be resolved through the Investigator Resolution Process as described in Section XI.G.5.