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Definitions

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A

  • Arbitrary
    A decision that is devoid of factual support and/or based on a personal grudge or bias
  • Actual Knowledge

    Notice of Sexual Harassment or allegations of Sexual Harassment to the University's Title IX Coordinator or to any University official, other than the Respondent(s), who have authority to institute corrective measures on behalf of the University and does not include mere vicarious liability or mere constructive notice. 

    For the purposes of this definition, a University official, other than the Respondent(s), who has authority to institute corrective measures on behalf of the University does not include an individual who has (a) the mere ability or obligation to report Sexual Harassment; (b) the mere ability or obligation to inform a University student about how to report Sexual harassment; or (c) was merely trained to report Sexual Harassment or to inform a University student about how to report Sexual Harassment.

  • Administrative Leave

    The placement of a Respondent who is a non-student employee of the University on leave of absence during the pendency of a Grievance Process.

  • Appeal Meeting

    The meeting convened by the Appeal Decision Maker at which the Complainant and the Respondent have the opportunity to make an oral presentation in support of their respective positions about the appeal(s).

B

  • Burden of Proof

    As it applies to a Decision under the DCP, means the requirement that the person who makes an assertion must prove that assertion by a "preponderance of the evidence."

C

  • Coercion

    Employing pressure for sexual activity with the use of force, threats or consequences for non-compliance. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another, the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, when someone makes clear that they do not want sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

  • Collaborator

    An investigator who works with another investigator or a Decision Maker who works with another Decision Maker to issue a decision. 

  • Complainant

    The person who brings a Complaint alleging Discrimination, Harassment or Retaliation. The Complainant may allege that he/she or another person has been subjected to Discrimination, Harassment or Retaliation. If the Complainant alleges that one or more persons other than the Complainant have been subjected to Discrimination, Harassment or Retaliation, any such person(s) are deemed a Complainant as that term is used in the DCP. 

  • Complaint

    The document filed under the DCP by the Complainant. 

  • Consent

    Consent between two or more people is defined as an affirmative agreement--through clear actions or words--to engage in sexual activity. Consent is informed, 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 permission regarding the conditions of sexual activity.

D

  • Dating Partner

    A person who is or has been in a social relationship of a romantic or intimate nature with another person and where the determination of whether the two persons are Dating Partners is determined by consideration of (a) the length of the relationship; (b) the type of relationship; and (c) the frequency of interaction between the two persons. 

  • Dating Violence

    Physical violence committed by a Dating Partner of the victim. 

  • Days

    Means calendar days. In computing any time period stated in the DCP, the day on which the period of time begins to run will not be counted an the last day of the period will be included unless it is a Saturday, Sunday or day designated as "university holiday," "university closed" or "spring break" on the UNC Calendar maintained on the University website, in which case the person will end on the next day which is not a Saturday, Sunday or day designated as "university holiday," "university closed" or "spring break."

  • DCP

    Discrimination Complaint Procedures

  • Decision

    The written decision issued by the Decision Maker(s).

  • Decision-Maker

    The person (who may not be the Title IX Coordinator or an investigator of the allegations of the Formal Complaint) who presides over the Live Hearing and issues a Determination Regarding Responsibility after the conclusion of the Live Hearing.

  • Determination Regarding Responsibility

    (which may be referred to below as the “Determination”) means a written document issued by a Decision-Maker following a Live Hearing in which findings, conclusions, and Remedies and Disciplinary Sanctions (if a Respondent has been determined to have engaged in Sexual Harassment), are outlined, as further described in Section 3-6-143 of “Additional Procedures” of DCP.

  • Disciplinary Action

     An action described in a Decision or Appeal Decision implemented with respect to a Respondent employee.

  • Disciplinary Sanctions

    Means, and may include, (1) as to a University student, the Outcomes described in Section 3-2-203(8)(a) through (j) of the University Regulations and (2) as to a University employee, any action permitted by law and/or University policy, including but not limited to, placement in the employee’s personnel file of the Determination Regarding Responsibility and any other information or documents compiled in the course of the Grievance Process in which the employee is a respondent, completion of required education, or of research or written materials relevant to Sexual Harassment of which the employee was found responsible, suspension (either with or without pay), demotion, or termination of or dismissal from employment with the University.

  • Discrimination

    Acts prohibited under Title VI and Title VII of the Civil Rights Act of 1964, Executive Order 11246, the Equal Pay Act of 1963, the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act of 1967, the Colorado Anti-Discrimination Act, the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Uniformed Services Employment and Reemployment Rights Act and/or the Vietnam Veterans’ Readjustment Assistance Act of 1974.

  • Domestic Violence

    Felony or misdemeanor crimes 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 common, 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 the spouse or victim under the domestic or family violence laws of the State of Colorado, or by any other person against an adult of youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Colorado.

E

  • Emergency Removal 

    The removal of a Respondent from the University’s Education Program or Activity after the University (a) undertakes an individualized safety and risk analysis, (b) determines that an immediate threat to the physical health or safety of any student or individual arising from the allegations of Sexual Harassment against the Respondent justifies removal, and (c) provides the Respondent with notice and an opportunity to challenge the removal immediately after it occurs.

F

  • Filed

    In connection with a Formal Complaint, means submitted to the Title IX Coordinator in person, by mail, or by electronic submission, using the office address, electronic mail address and/or telephone number listed for the Title IX Coordinator on the University website.

  • Force

    The use of physical violence and/or imposing physical strength to gain sexual access. Force also includes, threats, intimidation, (implied threats), and coercion that overcomes resistance or produces consent. 

  • Formal Complaint

     A document or electronic submission filed by a Complainant or signed by the Title IX Coordinator (that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person who has submitted it) that alleges Sexual Harassment by a Respondent and requests that the University investigate the allegation(s) of Sexual Harassment and, at the time the Formal Complaint was filed, the Complainant was participating, or attempting to participate, in a University Education Program or Activity.

G

  • Grievance Process

    The process of the University that addresses a Formal Complaint and complies with the requirements of 34 C.F.R. Section 106.45.


H

  • Harassment

    Unwelcome and/or nonconsensual Discrimination that is severe OR pervasive and creates an intimidating, hostile or abusive work or educational environment.

  • Hostile Environment

    Unwelcome sexual conduct that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive. The determination of whether an environment is “hostile” must be based on all of the circumstances. These circumstances could include the frequency of the conduct, its severity, and whether it is threatening or humiliating.

I

  • Incapacitation 

    A state in which an individual cannot make a rational, reasonable decision because they lack the ability to understand the nature of the act. This may include, but is not limited to, the inability to comprehend the conditions (who, what, when, where, why, or how) of sexual activity.  Incapacity could be the result of mental disability, sleep, involuntary physical restraint, or from knowingly or unknowingly taking any substance used to facilitate sexual assault.

    Engaging in any sexual activity with someone known to be (or reasonably should have been known to be) mentally or physically incapacitated (by alcohol or other drug use, unconsciousness, or blackout, etc.), is a violation of university policy.

    Possession, use, and/or distribution of drugs used to commonly facilitate sexual assault (i.e. Rohypnol, Ketamine, GHB, Burundanga, etc.) is prohibited, and administering one of these drugs to another student for the purpose of inducing incapacity is a violation of university policy.

  • Informal Resolution

    Attempts in which the parties may engage voluntarily to attempt to resolve the allegations of the Formal Complaint prior to the issuance of a Determination Regarding Responsibility by the Decision-Maker and may result in dismissal of the Formal Complaint or a portion(s) thereof.

  • Intimidation

    The use of physical, verbal, or nonverbal body language employed for the purpose of menacing another person, or, although no physical contact occurs, causes fear through an implied threat where menacing behavior is coupled with knowledge of prior violent behavior by an assailant.

  • Interim action

    An action taken while a Complaint is pending to provide reasonable protection to the Complainant, the Respondent, or any other person who might be adversely affected prior to issuance of a Decision or Appeal Decision.

  • Investigator

    The person who investigates a Complaint.

N

  • Non-Consensual Sexual Contact

    Any sexual touching (including touching with an object) however slight, by one person on another without consent and/or by force, coercion, or intimidation.

    Non-consensual sexual contact includes, but is not limited to:

    • Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts
    • Any intentional body contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
  • Non-Consensual Sexual Intercourse

    Any sexual intercourse (anal, oral, or vaginal) without consent, including sexual intercourse by force, coercion, or intimidation, and/or by use of an object, however slight, by one person upon another.  

    Non-consensual sexual intercourse includes but is not limited to:

    • Sexual intercourse (vaginal, anal, oral) without consent
    • Oral sex without consent
    • Penetration of an orifice (anal, vaginal, oral) with the penis, finger, or other object
    • Coercion or force to make someone else engage in sexual intercourse
    • Inducing sexual intercourse through drugs or alcohol
    • Engaging in sexual intercourse with a person who is unable to provide consent due to the influence of drugs, alcohol, or other condition

P

  • PNG (persona non grata)

    An order issued by the University that prohibits a person from being on University property or a defined portion of University property.

  • Preponderance of the Evidence

    Considering all the evidence, an assertion is more probably true than not true, even to the slightest degree.  If the person making an assertion fails to meet his/her burden of proof or if the evidence weighs so evenly that the Decision Maker(s) are unable to say that there is a preponderance on either side, the Decision Maker(s) must resolve the question against the person who has the burden of proof.

R

  • Remedies

    Actions of the University that are taken after the Grievance Process has been completed, and after a Determination Regarding Responsibility has been issued in which a Respondent has been determined to have engaged in Sexual Harassment and that imposes Disciplinary Sanctions on the Respondent in order to restore or preserve equal access to University Education Programs or Activities.

  • Respondent

    An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

  • Retaliation

    Any adverse employment or educational action taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual harassment.

S

  • Sexual Assault

    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, or an attempt to do any of the above, without the consent of the victim.

  • Sexual Exploitation

    Sexual Exploitation includes any non-consensual, or abusive sexual advantage of another for his/her own pleasure, advantage or benefit, or to pleasure, benefit or advantage anyone other than the one being exploited. Sexual exploitation includes but is not limited to:

    • Invasion of sexual privacy
    • Prostituting another student
    • Non-consensual video or audio-taping of sexual activity
    • Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex)
    • Knowingly transmitting a Sexually Transmitted Infection (STI) or HIV to another student
    • Sexually-based stalking and/or bullying
    • Viewing, possessing, or distributing child pornography
  • Sexual Harassment

    Conduct on the basis of sex occurring in the United States (a) in which a University employee conditions the provision of an aid, benefit, or service of the University on a person’s participation in Unwelcome Sexual Conduct; (b) that constitutes Sexual Assault (as defined in 20 U.S.C. Section 1092(f)(6)(A)(v)); (c) that constitutes Dating Violence (as defined in 34 U.S.C. Section 12291(a)(10)); (d) that constitutes Domestic Violence (as defined in 34 U.S.C. Section 12291(a)(8)); and/or (e) that constitutes Stalking (as defined in 34 U.S.C. Section 12291(a)(9)).

  • Stalking

    A course of conduct directed at a specific person that would cause a reasonable person to (a) fear for their safety or the safety of others or (b) suffer substantial emotional distress.

  • Supportive Measures

    Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed, which are designed to restore or preserve equal access to a University Education Program or Activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or to deter Sexual Harassment, and may include counseling, extensions of deadlines or other course-related adjustment, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the University campus, and other similar measures, and such measures must be maintained as confidential by the University to the extent that maintaining such confidentiality would not impair the ability of the University to provide such measures.

T

  • Threats

    Compelling a reasonable person, by words or actions, to give permission to sexual contact that they would not otherwise have given, absent the threat. A threat is any consequence imposed as a lack of compliance with a sexual act and includes statements to physically harm the other party, themselves, or someone the other cares for, or sharing personal information purposed at causing humiliation or other harm.

  • Title IX Coordinator

    The University employee responsible for overseeing the University's compliance with the provision of Title IX. 

U

  • University Education Program or Activity

    Locations, events, or circumstances over which the University exercises substantial control over the respondent and the context in which Sexual Harassment occurs and includes any building owned or controlled by a Registered Student Organization as that term is defined in Section 3-2-203(12) of the University Regulations.

  • Unwelcome

    Any uninvited, and/or unsolicited conduct that is considered undesirable.

  • Unwelcome Sexual Conduct

    Behavior of a sexual nature determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a University Education Program or Activity.