Title IX Definitions
Jurisdiction - The jurisdiction of the College generally includes conduct that occurs:
- on College property,
- off College property at College-sponsored events
- off College property but involving two or more students of the College, and
- off-campus conduct that is likely to have a substantial adverse effect on, or poses a threat of danger to, any member of the College community or the College, including
- activities that take place at events hosted by organizations recognized by the College
- study abroad and internship programs
- conduct that has continuing effects on campus or in an off-campus education program or activity.
Sexual misconduct - varying extremes of discrimination and wrongdoing based on one’s gender, sexuality, sexual orientation, and/or gender identity or expression. Sexual misconduct includes sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, dating violence, domestic violence, stalking, sexual exploitation, and indecent exposure.
- Non-Consensual Sexual Contact is any sexual touching (“sexual” referring to breasts, genitals, and buttocks, including disrobing or exposure), however slight, with any object, by a man or woman upon a man or woman without effective consent, by force or threat of force (this includes the use of coercion, threat of retaliation, or rendering someone incapable of consent) or when that individual is incapacitated.
- Non-Consensual Sexual Intercourse is any sexual penetration (anal, oral or vaginal), however slight, with any body part (e.g., penis, tongue, finger) or object, or oral penetration involving mouth to genital contact or with an object used in a sexual manner, by a man or woman upon a man or woman without effective consent, by force or threat of force (including the use of coercion, threat of retaliation, or rendering someone incapable of consent) or when that individual is incapacitated.
Dating violence - violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the person against whom the violent act is/acts are committed.
Stalking - a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.
Stalking includes the concept of cyber-stalking, a form of stalking in which electronic media such as the Internet, social networks, blogs, cell phones, texts or other similar devices or forms of contact are used to pursue, harass or to make unwelcome contact with another person in an unsolicited fashion.
Sexual Exploitation - occurs when a person takes non-consensual or abusive sexual advantage of another to benefit anyone other than the one being exploited, and that behavior does not otherwise constitute another form of sexual misconduct.
Indecent Exposure - A person commits indecent exposure if that individual exposes the individual’s genitals in any public place or in any place where there are present other persons under circumstances in which one knows or should know that this conduct is likely to offend, affront or alarm.
Affirmative Consent - A knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.
Incapacity –Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity because the individual lacks conscious knowledge of the nature of the act (e.g., to understand the who, what, when, where, why or how of the sexual interaction) and/or is physically helpless. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent.
Confidentiality - Even College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systemic issues. The College will limit the disclosure as much as possible.