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Appendix A: Definitions

The following definitions apply to the Sexual Harassment and Discrimination Policies and Procedures:

  • Advisor. Any person chosen by a party, or appointed by the institution, who may accompany the party to all meetings related to a resolution process, advise the party on that process, and conduct questioning for the party at the hearing, if any.
  • Senior Director of Student Experience and Title IX Coordinator. The person with primary responsibility for overseeing and enforcing the Sexual Harassment and Discrimination Policy and Procedures. As used throughout the Policy and procedures, the “Senior Director of Student Experience and Title IX Coordinator” also includes their designee(s).
  • Appeal Decision-maker. The person or panel who accepts or rejects a submitted appeal request, determines whether any of the appeal grounds are met, and directs responsive action(s) accordingly.
  • Complainant. An individual who has allegedly been subjected to conduct that could constitute Discrimination, Harassment, Retaliation, or Other Prohibited Conduct under the Policy.
  • Confidential Resource. An Employee who is not a Mandated Reporter of Notice of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct under the Policy (irrespective of Clery Act Campus Security Authority status).
  • Day. A business day when the University is in normal operation. All references to days in the Policy refer to business days unless specifically noted.
  • Decision-maker. The person or panel who reviews evidence, determines relevance, and makes the Final Determination of whether the alleged conduct has violated the Policy and/or assigns sanctions.
  • Directly Related Evidence. Evidence connected to the allegations, but which is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and which cannot be relied upon by the Decision-maker. Compare to Relevant Evidence below.
  • Education Program or Activity. Locations, events, or circumstances where the University exercises substantial control over both the Respondent and the context in which the Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct occurs. Also includes any building owned or controlled by a student organization that the University officially recognizes.
  • Employee. A person, including Faculty, employed by the University, either full- or part-time, including Student-Employees when acting within the scope of their employment.
  • Faculty. Any member of the University community who is responsible for academic activities, teaching, research, or the academic evaluation of Students.
  • Final Determination. A conclusion by the standard of evidence that the alleged conduct did or did not violate the Policy.
  • Finding. A conclusion by the standard of proof 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 Senior Director of Student Experience and Title IX Coordinator alleging a Respondent engaged in Discrimination, Harassment, Retaliation, and/or Prohibited Conduct under the Policy and requesting that the University investigate the allegation(s).
  • Formal Grievance Process. “Process A,” the University’s method of formal resolution to address Title IX Sexual Harassment allegations, which complies with the requirements of the Title IX regulations (34 C.F.R. § 106.45) and the Violence Against Women Act amendments to the Clery Act (34 C.F.R. § 668). See Appendix C for information on the Administrative Resolution Process (“Process B”) the University may use to resolve complaints in certain situations.
  • Informal Resolution. A Resolution the Parties agree to and the Senior Director of Student Experience and Title IX Coordinator approves, which occurs prior to a Final Determination.
  • Investigation Report. The Investigator’s written summary of all Relevant Evidence gathered during the investigation. Versions include the Draft Investigation Report and the Final Investigation Report.
  • Investigator. The person(s) the University authorizes to gather facts about an alleged violation of the Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report of Relevant Evidence and a file of Directly Related Evidence.
  • Mandated Reporter. A University Employee who is obligated by Policy to share knowledge, Notice, and/or reports of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct with the Senior Director of Student Experience and Title IX Coordinator and/or their supervisor.

  • Title IX Team. The Senior Director of Student Experience and Title IX Coordinator, any deputy coordinators, and any member of the Resolution Process Pool.
  • Notice. When an Employee, Student, or third party informs the Senior Director of Student Experience and Title IX Coordinator or other Official with Authority of the alleged occurrence of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.
  • Official with Authority (OWA). A University Employee who has responsibility to implement responsive measures for Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct on the University’s behalf. University OWAs.
  • Parties. The collective term for the Complainant(s) and Respondent(s) involved in a complaint.
  • Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy , or lactation, medical conditions related thereto, or recovery therefrom.
  • Process A. The Formal Grievance Process detailed in the procedures and defined above.
  • Process B. The Administrative Resolution Process detailed in Appendix C that only applies when Process A does not, as determined by the Senior Director of Student Experience and Title IX Coordinator.
  • Protected Characteristic. Any characteristic for which a person is afforded protection against Discrimination and Harassment by law or University policy.
  • Reasonable Person. A reasonable person under similar circumstances and with similar identities to the Complainant.
  • Relevant Evidence. Evidence that tends to prove or disprove any element of an offense or any issue materials to resolving a complaint.
  • Remedies. Typically, post-Resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the University’s Education Program or Activity.
  • Respondent. A person who is alleged to have engaged in conduct that could constitute Discrimination based on a protected characteristic, Harassment, or Retaliation for engaging in a protected activity under the Policy, or Other Prohibited Conduct.
  • Resolution. The result of an Informal Resolution, a Formal Grievance Process, or Administrative Resolution Process.
  • Sanction. A consequence imposed on a Respondent who is found to have violated the Policy.
  • Sex. Birth Sex (under Title IX). Outside Title IX, Sex can include gender identity, gender expression, sexual orientation, sex characteristics, and sex stereotypes.
  • Student. Any individual who has accepted an offer of admission, or who is registered for or enrolled in for-credit or non-credit-bearing coursework, and who maintains an ongoing educational relationship with the University.
  • Title IX Coordinator. At least one official designated by the University to ensure compliance with Title IX and the University’s Title IX program. References to the Coordinator throughout the Policy may also encompass a Coordinator’s designee for specific tasks.
  • Title IX Team refers to the Title IX Coordinator, any deputy coordinators, and any member of the Resolution Process Pool.