Title IX Title IX: Definitions

For the purposes of this Policy, the following definitions apply: 

Coercion 

Coercion is when one person is pressured unreasonably for and/or manipulated into sex and is clearly distinct from seduction. Coercing someone into sexual activity violates that person’s agency and autonomy and this policy in the same way as physically forcing someone into sex.

Complainant

Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute covered sexual harassment as defined under this Policy.

Confidential Employee

Confidential employees are College employees that have a professional obligation to protect confidential information the confidential employee receives in the performance of their professional duties. Confidential employees can include; mental health professionals, other medical professionals, and clergy. 

Education Program or Activity

For the purposes of this Title IX Policy, the College’s “education program or activity” includes:

• Any on-campus premises; including additional properties.
• Any off-campus premises that the College has substantial control over. This includes buildings or property owned or controlled by a recognized student organization.
• Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of the College’s programs and activities over which the College has substantial control.

Affirmative Consent

Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Affirmative consent can only be given by a person with the capacity to do so and who has not been forced into doing so. The following are offered to further understanding of the definition of affirmative consent: 

• Affirmative 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 affirmative consent.
• The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
• Affirmative consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
• Affirmative consent needs to be obtained each time partners engage in sexual activity.
• Affirmative consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
• Affirmative consent may be initially given but withdrawn at any time.
• Affirmative consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
• Affirmative consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
• When affirmative consent is withdrawn or can no longer be given, sexual activity must stop.
• In New York, persons under 17 years of age cannot give affirmative consent.

Force

Force is the use of physical violence and/or the imposition on someone physically to gain sexual access and can also include threats, intimidation (implied threats) and coercion that overcome resistance or produce consent. The absence of resistance does not imply the absence of force.

Formal Complaint

For the purposes of this Title IX Policy, “formal complaint” means a document – including an electronic submission - filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging sexual harassment against a respondent about conduct within the College’s education program or activity and requesting initiation of the procedures consistent with the Policy to investigate the allegation of sexual harassment.

Grievance Process 

Grievance Process will be an overarching term used to refer to the informal resolution and formal investigation processes that may be used by the College to resolve a matter reported to the College, when the Title IX Coordinator determines that the alleged prohibited conduct, if proven, would violate this Policy. 

Incapacity

Incapacity is the lack of ability to make rational, reasonable decisions because the individual lacks the capacity to give knowing consent (e.g., to understand the “who,” “what,” “when,” “where,” or “how” of their sexual interaction.) A person may be incapacitated because of consumption of drugs and/or alcohol; mental or physical disability; being asleep; a lack of consciousness; and/or a lack of awareness that the sexual activity is occurring.

When drugs or alcohol are involved, incapacitation is a state beyond impairment or intoxication and involves an assessment of the person’s decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; and/or level of consciousness. This assessment is based on objectively and reasonably apparent signs of incapacitation when viewed from the perspective of a sober, reasonable person. 

Relevant Evidence and Questions

“Relevant” evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true.

• Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:
  • They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
  • They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
• Evidence and questions that constitute, or seek disclosure of, information protected under a legally recognized privilege.
• Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent. 

Parties

Parties will collectively refer to the complainant(s) and respondent(s). 

Prohibited Conduct

Prohibited conduct will refer to any of the alleged prohibited conduct, detailed below, that violates the Policy. 

Reporter

Reporter will refer to the person bringing the alleged prohibited conduct to the attention of a responsible employee, including, but not limited to the Title IX Coordinator or designee. The Title IX Coordinator has the discretion to delegate any responsibilities detailed in this Policy to an appropriately trained individual within the College or hired by the College, when the need arises. 

Respondent

Respondent means any individual who has been reported to be the perpetrator of alleged prohibited conduct that could constitute covered sexual harassment as defined under this Policy.

Responsible Employee

Responsible employee refers to any employee of the College who is not a confidential employee. Responsible employees are required to disclose any reports of alleged discrimination and/or harassment to the Office of Title IX and Civil Rights Compliance within 24-48 hours of receiving the report. 

Privacy vs. Confidentiality

References made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or College officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean College offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed 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 for tracking patterns and spotting systemic issues. The College will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.