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Frequently Used Terms

Complainants and respondents may select an advisor of choice. An advisor of choice is a person whom the complainant or respondent chooses to provide support for them while they are participating in procedures under Policy 1005 and Policy 1100. Complainants and respondent may also have an advisor of choice or support person present with them at any meetings with the Office of Institutional Compliance/Title IX.

During Policy 1005 and 1100 formal resolution investigations, an advisor of choice may not speak for the party they are supporting, except under Policy 1100 when conducting questioning (cross examination) on behalf of the party they are supporting during the formal complaint hearing.

See Sexual Misconduct Formal Complaint Investigation and Hearing  procedures and Discrimination/Harassment Formal Resolution procedures

The individual assigned to review and determine the outcome of an appeal submitted for the Policy 1100 (Hyperlink) Sexual Misconduct Formal Complaint Hearing Process or the Policy 1005  formal resolution process.

Complainant: An individual who is alleged to be the victim of conduct that could constitute Policy 1005(hyperlink) discrimination and/or harassment or Policy 1100(hyperlink) sexual misconduct.

Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute Policy 1005 discrimination and/or harassment or Policy 1100(hyperlink) sexual misconduct.

Parties: The term is used in Policy 1005 and 1100 procedures to refer to the complainant and respondent collectively.

See Sexual Misconduct Formal Complaint Investigation and hearing  procedures and Informal Resolution procedures

See Discrimination/Harassment Formal Resolution and Informal Resolution procedures.

Confidential resources are individuals and agencies that support the provision of counseling, advocacy, mental health, physical health, or discrimination and harassment or sexual misconduct-related services. Confidential resources do not report incidents of discrimination and harassment or sexual misconduct to the Office of Institutional Compliance/Title IX.

See Resources for listing and contact information of available confidential resources.

An outward demonstration through understandable words or actions that convey a knowing and voluntary agreement to engage in mutually agreed upon sexual activity. Consent is voluntary and may be withdrawn at any time by communicating the withdrawal through understandable words or actions.

Consent cannot be obtained by physical or verbal coercion that is expressed or implied, which includes the use of intimidation, threats, force, or duress. Consent cannot be obtained by ignoring or acting despite the objections of another, by previous consent, or by taking advantage of another person’s incapacitation or physical helplessness where one knows or a reasonable person should have known of such incapacitation or helplessness. An individual who is incapacitated because of age, disability, voluntary activity, or through the acts of others cannot give consent.

See Policy 1100

A form of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with another person, where the existence of such a relationship shall be determined based on consideration of the following factors:

  • The length of the relationship
  • The type of relationship
  • The frequency of interaction between the persons involved in the relationship

See Policy 1100

The individual assigned to conduct the hearing for a Policy 1100 Formal complaint and to determine, by a preponderance of the evidence, whether or not a violation of policy has occurred. The Policy 1100 formal complaint investigator does not serve as the decisionmaker.

See Sexual Misconduct Formal Complaint Investigation (hyperlink) and Hearing procedures

Discrimination: Unlawful treatment based on an individual’s protected characteristics or status that excludes an individual from participation in, denies the individual the benefits of, treats the individual differently or otherwise adversely affects a term or condition of an individual’s employment, education, living environment, or participation in an educational program or activity. This includes failing to provide reasonable accommodations, consistent with state and federal law, to persons with disabilities.

Harassment: Unwelcome verbal, nonverbal, or physical conduct that is directed at an individual on the basis of the individual’s protected characteristics or status and that meets at least one of the following criteria:

  • Term or Condition of Employment or Education (Quid Pro Quo): This type of harassment occurs when the terms or conditions of employment, educational benefits, academic grades, or opportunities, living environment, or participation in a CNU activity are conditioned upon, either explicitly or implicitly, submission to or rejection of the conduct on the basis of characteristics or status protected by law, or such submission or rejection is a factor in decisions affecting that individual’s employment, education, living environment, or participation in a CNU program or activity.
  • Hostile Environment: A hostile environment may be created by oral, written, graphic, or physical conduct that is sufficiently severe, persistent, or pervasive, and objectively offensive in a manner that interferes with, limits, or denies the person the ability to participate in or benefit from the institution’s education programs or activities, including employment access, benefits, or opportunities. Subjective offensiveness does not necessarily create a hostile environment. In determining whether conduct is severe, persistent, or pervasive, and objectively offensive, and thus creates a hostile environment, the following factors shall be considered: (1) the degree to which the conduct affected one or more individuals education or employment; (2) the nature, scope, frequency, duration, and location of the incident; (3) the identity, number, and relationship of the persons involved; (4) the perspective of a reasonable person in the same situation as the person subjected to the conduct; and (5) the nature of higher education.

Protected Characteristics or Status: Characteristics of an individual that are protected from discrimination in accordance with applicable law: age, color, disability, gender (including gender identity), genetic information (including family medical history), marital status, military status (including veteran status), national origin (including ethnicity or shared ancestry), parental status, political affiliation, pregnancy (including pregnancy related medical conditions and childbirth), race, religion, sex, sexual orientation.

See Policy 1005

Crimes of violence committed by any of the following:

  • A current or former spouse or intimate partner of the victim
  • A person with whom the victim shares a child in common
  • A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner
  • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the Commonwealth of Virginia, and Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the Commonwealth of Virginia

See Policy 1100

A report of sexual misconduct is different than a formal complaint of sexual misconduct.

 

A report is information submitted to the Office of Institutional Compliance/Title IX that describes an alleged incident of sexual misconduct. Reports may be submitted by complainants, someone who witnessed an alleged incident, or by someone who received a disclosure about an incident (such as a responsible employee). Reports can be made by phone, in person, online submission, or via email. Upon receipt of a report, the Office of Institutional Compliance/Title IX reaches out to the person described in the report as having been the victim of harm to provide information about resources, supportive measures, police reporting options, and options for having the alleged harm addressed through the sexual misconduct formal complaint process. The Office of Institutional Compliance/Title IX may gather additional information to better understand what is alleged to have occurred but such information gathering is not an investigation. See Reporting for more information.

A formal complaint of sexual misconduct is a written and signed document that a complainant submits to the Office of Institutional Compliance/Title IX to initiate the formal complaint investigation and hearing process or the informal resolution process. Formal complaints must be in writing and must contain the complainant’s digital or handwritten signature or otherwise communicate that the complainant is the individual filing the complaint. See Sexual Misconduct Formal Complaint filing for more information.

Also see Policy 1100

Physical or mental inability to make informed, rational judgements. States of incapacitation include, without limitation, sleep, blackouts, unconsciousness, and the inability to make decisions due to the voluntary or involuntary use of alcohol or drugs. Incapacitation may occur due to age, disability, voluntary activity, or through the acts of others. Incapacitation means the person lacks the ability to make informed, reasonable judgments about whether or not to engage in sexual activity.

Incapacitation may result from the use of substances like alcohol, drugs, or medications; however, the use or consumption of substances alone is insufficient to establish incapacitation.

See Policy 1100

After receipt of a report or Policy 1005 discrimination and/or harassment and/or pending the outcome of an informal or formal resolution process, the university may implement appropriate, temporary, reasonably available interim measures for complainants, respondents, and other parties. Interim measures may include but are not limited to one-way or mutual restrictions on contact between parties or temporary changes to work schedule, location, or duties. Interim measures may also include temporary restrictions for students to programs and activities or administrative leave with or without pay for employees. Interim measures will be reassessed on an ongoing basis. The Office of Institutional Compliance/Title IX will collaborate with appropriate university officials on the coordination and implementation of interim measures. Some interim measures may be implemented as remedies.

The standard of evidence used to determine whether a policy violation has occurred in the Policy 1005 Discrimination/Harassment Formal Resolution Process and the Policy 1100 (hyperlink to policy) Formal Complaint Hearing Process. Preponderance of the evidence means the decision maker is more likely than not (50.1%) sure that the individual violated university policy.

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the outcome of the case.

See Policy 1005 and 1100(hyperlink)

A report is information submitted to the Office of Institutional Compliance/Title IX that describes an alleged incident of discrimination and/or harassment on the basis of protected characteristics or status. Reports may be submitted by complainants, someone who witnessed an alleged incident, or by someone who received a disclosure about an incident (such as a responsible employee). Reports can be made by phone, in person, online submission, or via email. Upon receipt of a report, the Office of Institutional Compliance/Title IX will gather information to better understand what is alleged and to make contact with the complainant regarding interim measures. A report may be resolved through the Policy 1005 informal resolution or the formal resolution process.

See Reporting for more information on how to submit a report.

Adverse action(s) taken or threatened against a person for making a good faith report of discrimination and/or harassment on the basis of protected characteristics or status or sexual misconduct or participating in, or not participating in, any proceeding under policy 1005 or 1100. Retaliation includes intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by policy 1005, 1100, or law, or because the individual has made a report or formal complaint, testified, assisted, or participated, or did not participate in any manner in an investigation, proceeding, or hearing under policy 1005 or 1100. Retaliation constitutes a form of misconduct and may result in sanctions separate from, and not dependent on, the outcome of any report or formal complaint filed under Policy 1005 or Policy 1100.

See Policy 1005 and Policy 1100

A sexual act committed against another person without consent, such as any of the following:

  • Rape: 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 complainant.
  • Criminal Sexual Contact (Fondling): The intentional touching of the clothed or unclothed body parts (of another) without consent (of the victim) for the purpose of sexual degradation, sexual gratification, or sexual humiliation. The forced touching by the complainant of another’s clothed or unclothed body parts, without consent of the complainant, for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
  • Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by the law of the Commonwealth of Virginia.
  • Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent in the Commonwealth of Virginia, which is 17.

See Policy 1100

Taking sexual advantage of another person without that individual’s consent. Examples include but are not limited to, prostituting another person; causing or attempting to cause the incapacitation of another person for a sexual purpose; recording, photographing, creating, or transmitting sexual utterances, sounds or images, whether real or fake, of another person without that person’s consent; allowing a third party to observe sexual activity without the consent of the participants; knowingly transmitting sexually transmitted infections or other diseases without the knowledge of the person’s sexual partner; inducing another to expose their body for sexual purposes; intentionally altering, removing, or sabotaging contraceptive or prophylactic measures without the knowledge of the other party, including but not limited to condoms and/or other birth control measures; and viewing another person’s sexual activity, intimate body parts, or nakedness without that person’s consent and in a place where that person would have a reasonable expectation of privacy.

See Policy 1100(hyperlink)

Policy 1100(hyperlink to policy) covers Title IX Sexual Harassment and (Non-Title IX) Sexual Harassment, which are defined as:

Title IX Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following and that occurs in the programs and activities of CNU in the United States:

  • Quid pro quo: An employee conditioning the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct; or
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity

(Non-Title IX) Sexual Harassment: Conduct consisting of unwelcome or objectively offensive sexual advances, requests for sexual favors, or other conduct of a sexual nature that can be verbal (e.g., specific demands for sexual favors, sexually suggestive comments, sexual propositions, or sexual threats); non-verbal (e.g., sexually suggestive emails or other writings; objects or pictures; suggestive, obscene or insulting sounds or gestures); or physical (e.g., unwanted or coerced touching or other physical contact of a sexual nature), that does not meet the definition of Title IX Sexual Harassment and occurs:

  • On campus, and/or off-campus in a program and activity of the institution, including but not limited to CNU-affiliated programs outside the United States, and/or
  • Off-campus outside the programs and activities of the institution if such conduct may have continuing effects that create a hostile environment on campus.

The conduct must also impact at least one of the following:

  • Term or Condition of Employment or Education (Quid Pro Quo). This type of sexual harassment occurs when the terms or conditions of employment, educational benefits, academic grades, or opportunities, living environment, or participation in a university activity are conditioned upon, either explicitly or implicitly, submission to or rejection of unwelcome sexual advances or requests for sexual activity, or such submission or rejection is a factor in decisions affecting that individual’s employment, education, living environment, or participation in a university program or activity.
  • Hostile Environment. A hostile environment may be created by oral, written, graphic, or physical conduct that is sufficiently severe, persistent, or pervasive, and objectively offensive in a manner that interferes with, limits, or denies the person the ability to participate in or benefit from the institution’s education programs or activities, including employment access, benefits, or opportunities. Subjective offensiveness does not necessarily create a hostile environment. In determining whether conduct is severe, persistent, or pervasive, and objectively offensive, and thus creates a hostile environment, the following factors shall be considered: (1) the degree to which the conduct affected one or more individuals’ education or employment; (2) the nature, scope, frequency, duration, and location of the incident; (3) the identity, number, and relationship of the persons involved; (4) the perspective of a reasonable person in the same situation as the person subjected to the conduct; and (5) the nature of higher education.

The term used in Policy 1100 that encompasses sexual assault, sexual harassment, dating violence, domestic violence, stalking, sexual violence, and sexual exploitation. Sexual misconduct can involve persons of any sex, sexual orientation, gender, or gender identity.

Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.

See Policy 1100

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their own safety or the safety of others, or suffer substantial emotional distress.

See Policy 1100

Upon receipt of a report of alleged sexual misconduct, the Office of Institutional Compliance/Title IX reaches out the complainant to provide information about appropriate, reasonably available, non- punitive supportive measures. Supportive measures are available for complainants and respondents without the filing of a formal complaint. Supportive measures may include counseling, extension of deadlines and/or other course-related adjustments, modifications of work or class schedules, campus escort services, restrictions on contact between parties, temporary changes to on-campus housing or work locations, and other similar measures. The Office of Institutional Compliance/Title IX works with appropriate university offices on the provision of supportive measures. Supportive measures are assessed and reassessed on an ongoing basis.

See Resources and Policy 1100 (hyperlink to policy) for more information.

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