Other Important Definitions

1) A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or 

2) A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or this part and who was participating or attempting to participate in the school's education program or activity at the time of the alleged sex discrimination.

 

An oral or written communication that objectively can be understood as a request for the school (via the official process) to investigate and make a determination about alleged discrimination under Title IX or this part.

 

 

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be based on 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. 

Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. 

 

A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim;

- by a person with whom the victim shares a child in by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;

- by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or

- by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred

 

Removal of an alleged offender from the school's education program or activity on an emergency basis if, after an individualized safety and risk analysis, there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment and the alleged offender is provided with notice and an  opportunity to challenge the decision immediately after the removal.

 

Refers to the attitudes and beliefs we have about a person or group on a conscious level.

 

The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. 

 

A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the school investigate the allegation of sexual harassment. 

 

Refers to the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner. 

 

Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 

 

1)Pregnancy, childbirth, termination of pregnancy or lactation;

2)Medical conditions related to pregnancy, childbirth, termination of pregnancy or lactation; or

3)Recovery from pregnancy, childbirth, termination of pregnancy, lactation or related medical conditions.

 

Burden of proof requiring the party with the burden to convince the fact finder that there is a greater than 50% chance that the claim is true ("more likely than not").

 

Sexual harassment that occurs when a school employee (or agent of the school) creates a situation in which a student’s participation in an education program or activity is conditioned on the student’s submission to sexual conduct, whether verbal, nonverbal, or physical in nature.

 

The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. 

 

Measures provided, as appropriate to restore or preserve to a complainant (or other person the school identifies as having had their equal access to the school's education program or activity limited or denied by sex discrimination) access to the school's education program or activity after a school determines sex discrimination occurred.

 

A person who is alleged to have violated the school's prohibition on sex discrimination.

 

Intimidation, threats, coercion or discrimination against any person by the school, a student or an employee or other person authorized by the school to provide aid, benefit or service under the school's education or activity for the purpose of interfering with any right or privilege secured by Title IX...or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing, including informal resolution.

 

An offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBl's Crime Reporting system. 

 

Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. 

 

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to 

Two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property. 

 

Sexual intercourse with a person who is under the statutory age of consent. 

 

Significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.

 

Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

1) Restore or preserve that party's access to the school's education program or activity, including measures that are designed to protect the safety of the parties or the school's educational environment; or

2) Provide support during the school's grievance procedures or informal resolution process.