关键术语 & 定义-第九条

A. 实际的知识 – notice of sexual harassment or allegations of sexual harassment by the 第九条协调员 or any College official who has authority to institute corrective measures on behalf of the College. Actual knowledge is not met when the only College official with actual knowledge is a 被调查者.

B. 发牢骚的人 – an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

C. 同意 – explicit approval to engage in sexual activity demonstrated by clear actions or words. This decision must be made freely and actively by all participants. Non-verbal communication, silence, passivity or lack of active resistance does not imply consent. 除了, previous participation in sexual activity does not indicate current consent to participate and consent to one form of sexual activity does not imply consent to other forms of sexual activity. 同意 has not been obtained in situations where the individual: i) is forced, 压力, manipulated or has reasonable fear that they will be injured if they do not submit to the act; ii) is incapable of giving consent or is prevented from resisting due to physical or mental incapacity (including being under the influence of drugs or alcohol); or iii) has a mental or physical disability which inhibits his/her ability to give consent to sexual activity.

D. 约会暴力 – crimes of violence against a person with whom the person has or had a social relationship or a romantic or intimate relationship.

E. 家庭暴力 – crimes of violence against a current or former spouse or intimate partner; a person with whom the student shares a child in common; a person with whom the student cohabitates or has cohabitated as a spouse or intimate partner; a person similarly situated to the student as a spouse under local domestic laws; or any person who is protected under local domestic laws of the jurisdiction.

F. 教育项目或活动 -就本程序而言, 这意味着任何地点, 事件, or circumstances over which the College exercised substantial control over both the 被调查者(s) and the context in which the alleged sexual harassment occurs. It also means any building owned or controlled by a student organization that is officially recognized by the College.

G. 正式投诉 – a document filed by a 发牢骚的人 or signed by the 第九条协调员 alleging sexual harassment against a 被调查者 and requesting the College investigate the allegation(s). A 正式投诉 initiates a formal grievance process in which parties are entitled to due process protections.

H. 非正式的决议 – a resolution reached regarding an allegation of sexual harassment without the filing of a 正式投诉. 非正式决议可能包括调解, 促进对话, 冲突的指导, 恢复性司法, 或者其他替代性争议解决模式. 非正式的决议 cannot be used for a student’s allegation of sexual harassment against a College employee.

I. 被调查者 – an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

J. 报复 -恐吓, 威胁, 强迫, or discriminate against any individual for the purpose of interfering with any right or privilege secured by 第九条 or because the individual has made a report or complaint, 作证, 协助, 参加了, 或者拒绝以任何方式参与调查, 进行, 或根据本程序进行听证.

K. 性侵犯 -一种符合强奸定义的罪行, 被溺爱的人, 乱伦, or statutory rape as used in the FBI’s Uniform Crime 报告 system.

L. 性骚扰 – quid pro quo harassment; unwelcome conduct that a reasonable person would find so severe, 无处不在的, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity, including conduct based on sex stereotyping; or any instance of sexual assault, 约会暴力, 家庭暴力, 或跟踪.

Quid pro quo harassment is a person having power or authority over another and conditioning an educational or employment benefit or service or access to receiving the educational or employment benefit or service upon a person’s participation in unwelcome sexual conduct.

M. 跟踪 – engaging in a course of conduct directed to a specific person that would cause a reasonable person to fear for his/her safety or the safety of others or suffer substantial emotional distress.

N. 证据标准 – the College uses the preponderance of evidence as the standard for proof of whether a violation occurred. 在学生正当程序听证和员工申诉程序中, 法律术语，比如“内疚”, “无罪”和“举证责任”不适用. Student and employee due process hearings are conducted to take into account the totality of all evidence available from all relevant sources. The College will find the 被调查者 either “responsible” or “not responsible” for violating these Procedures.

O. 支持措施 – individualized services reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party that are designed to ensure equal educational access, 保护安全, 或者阻止性骚扰. 支持措施的例子是咨询, 延长最后期限或其他与课程相关的调整, 工作或课程表的修改, 校园陪护服务, 相互
对双方接触的限制, 休假, increased security and monitoring of certain areas of the College, 以及其他类似的措施.

P. 第九条协调员 -就本程序而言, the 第九条协调员 refers to the Executive Director for Student Success and College Civility.