Title IX Terms and Definitions

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sexual assault

A sex offense is any act directed against another person, without the consent of the victim, including instances where the victim if incapable of giving consent. An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI's Uniform Crime Reporting system.

Complainant

An individual who files a complaint alleging violation of the comprehensive policy through our institutions complaint resolution procedure.

Responsible Employee

Any employee who has the authority to take action to redress the harassment, who has the duty to report to appropriate school officials sexual harassment or any other misconduct by students or employees, or an individual who a student could reasonably believe has this authority or responsibility.

mandated reporters

Certain individuals who are required by Illinois Law to immediately report suspected child abuse or neglect to the Illinois Department of Child and Family Services.

Violence Against Women Reauthorization Act

Obligates colleges and universities under its Campus Sexual Violence Act provision, Section 304 to report: Domestic Violence, Dating Violence, and Stalking.

Deputy/Assistant Title IX Coordinator

Responsible employee, designated pursuant to Title IX

Gender Harassment

Subjecting a person to adverse treatment based on held gender stereotypes. Adverse treatment can include verbal, nonverbal, or physical aggression, intimidation, or hostility based on gender or held gender stereotypes, even if those acts do not involve conduct of a sexual nature.

Jeanne Clery Act

The Federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), requires colleges and universities, both public and private, participating in federal student aid programs to disclose campus safety information and imposes certain basic requirements for handling incidents of sexual violence and emergency situations.

Full Name of Jeanne Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act, signed in 1990, is a federal statute codified at 20 U.S.C. § 1092(f), with implementing regulations in the U.S. Code of Federal Regulations at 34 C.F.R. 668.46.

Title IX

The U.S. Department of Education's Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Amnesty

The University values the health, safety, and well-being of its students and recognizes that students who are fearful of negative repercussions may be reluctant to seek help or assist others in need of help when unlawful possession or consumption of alcohol and/or other drugs is involved. In order to remove barriers to reporting and to encourage students to make responsible decisions to seek help in cases of sexual violence and medical emergencies involving drug and/or alcohol consumption, the University will grant medical amnesty* to, and will not take disciplinary action against, a student for unlawful possession or consumption of alcohol and/or other drugs in accordance with the Medical Amnesty/Good Samaritan provision.

Intoxication

The condition of being drunk as a result of consuming alcohol or narcotics

Incapacitation

The inability to make informed, rational decisions because the individual lacks the capacity to give knowing consent (e.g. to understand the "who, what, where, when, why, or how" of their sexual interaction).

Rape

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. Also includes instances where an individual is made to penetrate, either by physical force, intimidation, or coercion, and object, mouth, vagina, or anus of another when the victim is incapacitated or otherwise unable to give consent. 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.

Title IX coordinator

The responsible employee of the recipient with major responsibility for Title IX compliance efforts. The title IX coordinators responsibilities are critical to the development, implementation, and monitoring of meaningful efforts to comply with Title IX.

Responsible Employee Exceptions

Those exempted by law and serving in their official capacity as pastoral or licensed professional counselors, health center, or victim advocacy office employees or volunteers.

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal, written/online, or physical conduct of a sexual nature, when: submission to such conduct is made either implicitly or explicitly a term of an individual's employment or status in a course, program, or activity; submission or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual; or such conduct has the purpose or effect of interfering with the individual's work or educational performance; or of creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one's ability to participate in or benefit from an educational program or activity.

Dating Violence

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 determined based on the reporting party's statement and with consideration of the length of relationship, the type of the relationship, and the frequency of the interaction between the persons involved in the relationship.

Rape Culture

a complex of beliefs that encourages male sexual aggression and supports violence against women. It is a society where violence is seen as sexy and sexuality as violent. Women perceive a continuum of threatened violence that ranges from sexual remarks to sexual touching to rape itself. A rape culture condones physical and emotional terrorism against women as the norm.

bystander

a person who is present when an event takes place but isn't directly involved. Bystanders might be present when sexual assault or abuse occurs—or they could witness the circumstances that lead up to these crimes.

Trauma-informed response

a response involving an understanding of the complexities of sexual violence, domestic violence, dating violence, or stalking through training centered on the neurobiological impact of trauma, the influence of societal myths and stereotypes surrounding sexual violence, domestic violence, dating violence, or stalking, and understanding the behavior of perpetrators.

Sexual Exploitation

acts where an individual or individuals take non-consensual or abusive sexual advantage of another for their own benefit or advantage, or for the benefit or advantage of a third party.

Respondent

an individual involved in the complaint resolution procedure who has been accused of violating our institutions comprehensive policy.

Survivor

an individual who has experienced sexual violence, domestic violence, dating violence, or stalking.

Consent

an informed, voluntary, and freely given agreement between participating individuals to the sexual conduct in question. Consent to engage in mutually agreed upon sexual activity is clearly communicated in words and/or actions. Consent must be acquired prior to and contemporaneously with sexual activity. Consent can be withdrawn at any time, given that it is clearly communicated by the person withdrawing it.

Discrimination based on pregnancy and parental status

excluding persons from, denying them the benefit of, or discriminating against them due to their pregnancy or status as a parent.

Statutory Rape

non-forcible sexual intercourse with a person who is under the statutory age of consent.

fondling

the touching of the private parts of another person for the purposes 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.

Invasion of Sexual Privacy

threatened or actual disclosure of photos or other information of a sexual nature the subject intended to be personal/private without the individual's consent, including but not limited to: engaging in voyeurism without the knowledge and consent of the subjects; taking photos/video of individuals engaged in sexual acts or in intimate settings without their knowledge and consent (eg. restroom, shower, locker room or other private areas); disclosing or sharing of private or personal information of a sexual nature about another without their knowledge and consent for the purpose or effect of creating a hostile, intimidating, or offensive environment


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