Definitions

Term Definition
Actual Knowledge Official notice of sexual harassment or misconduct allegations to the University’s Title IX Coordinator or any other university official who has authority to institute corrective measures on behalf of the university.
Advisor A person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.
Complainant An individual who is alleged to be the victim of conduct that could constitute sexual harassment based on a protected class; or retaliation for engaging in a protected activity.
Confidential Resource An employee who is not a Mandated Reporter of notice of harassment and/or retaliation.
Day A business day when the university is in normal operation.
Discrimination Conduct on the basis of sex/gender that excludes an individual from participation, denies the individual the benefits of, treats the individual differently or otherwise adversely affects a term or condition of an individual’s employment, education, living environment or participation in a University program or activity.
Education program or activity Locations, events, or circumstances where the university exercises substantial control over both the Respondent and the context in which the sexual harassment occurs and also includes any building owned or controlled by a student organization that is officially recognized by the university.
Final Determination A conclusion by a preponderance of the evidence that the alleged conduct did or did not violate policy.
Finding A conclusion by preponderance of the evidence that the conduct did or did not occur as alleged (as in a “finding of fact”).
Formal Complaint A document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment or retaliation for engaging in a protected activity against a Respondent and requesting that the university investigate the allegation.
Hearing Decision-maker or Panel Refers to those who have decision-making and sanctioning authority within the University’s Formal Grievance process.
Investigator The person or persons charged by the University with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence
Mandated Reporter An employee of the university who is obligated by policy to share knowledge, notice, and/or reports of harassment and/or retaliation with the Title IX Coordinator.
Notice An employee, student, or third-party who informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.
Official with Authority (OWA) An employee of the University explicitly vested with the responsibility to implement corrective measures for sexual harassment and/or retaliation on behalf of the University.
Preponderance of the Evidence The standard of evidence applied in determining a violation of this policy. Generally considered to be “more likely than not” or “the greater weight of the evidence”.
Remedies Post-finding actions following a determination of a violation of this policy, provided to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the University’s educational program.
Respondent An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment, sexual exploitation or retaliation for engaging in a protected activity.
Resolution The result of an informal or Formal Grievance Process.
Sanction A consequence imposed by the University on a Respondent who is found to have violated this policy.
Sexual Exploitation When a person takes non-consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.
Sexual Harassment The umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence as set forth in Title IX regulations (34 CFR §106.30) and identified in detail in this policy.
Title IX Coordinator The official designated by the University to ensure compliance with Title IX and the University’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.
Title IX Team The Title IX Coordinator, any deputy coordinators, and investigators responsible for overseeing designated elements of Title IX.