Title IX Glossary
- “Accused” shall mean a person accused of a violation who has not yet entered an Institution’s judicial or conduct process.
- “Affirmative Consent” is 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.
- “Bystander” shall mean a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution.
- “Code of Conduct” shall mean the written policies adopted by an Institution governing student behavior, rights, and responsibilities while such student is matriculated in the Institution.
- “Confidentiality” may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with State and Federal law, including but not limited to 20 U.S.C. 1092(f) and 20 U.S.C. 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.
- “Domestic violence”, “dating violence”, “stalking” shall be defined by interpersonal Violence (Intimate Partner, Dating or Domestic). See definition 7.
- “Interpersonal violence” shall encompass the terms intimate partner violence, dating violence, or domestic violence. No person shall engage in a violent act or pattern of coercive behavior that serves to exercise control and power in an intimate relationship. The coercive and abusive behaviors can be physical, sexual, psychological, verbal, financial and/or emotional in nature.
- “Institution” shall mean any college or university chartered by the regents or incorporated by special act of the legislature that maintains a campus in New York.
- “No contact order” as determined by the Office of Student Conduct & Community Standards shall mean an administrative directive to both the reporting individual and accused or respondent to refrain from direct contact whether in person or through other means. This includes all contact made which can be considered verbal, nonverbal, physical, written, or via telecommunications devices, including electronic mail and text messages. In addition, this request extends to all action, which may occur as a result of third parties acting on the student’s behalf. Any action that is perceived as actual or threatened retaliation or intimidation to interfere with a person’s rights or obstruct with proceedings is prohibited. The order may be used to support changes in residential accommodations or academic scheduling. Upon request and consistent with institution policies and procedures, parties will be afforded a prompt review, reasonable under the circumstances, of the need for, and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of his or her request. Institutions may establish an appropriate schedule for the accused and respondents to access applicable institution buildings and property at a time when such buildings and property are not being accessed by the reporting individual. As a reminder, failure to comply with an Official Request is a violation of the College’s judicial code and will result in further disciplinary action.
- “Privacy” may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with this and other applicable laws, including informing appropriate Institution officials. Institutions may substitute another relevant term having the same meaning, as appropriate to the policies of the Institution.
- “Respondent” shall mean a person accused of a violation who has entered an Institution’s judicial or conduct process.
- “Retaliation” is an adverse action taken against an individual as a result of complaining about unlawful discrimination or harassment, exercising a legal right, and/or participating in a complaint investigation as a third-party witness.
- “Reporting Individual” shall encompass the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by an institution to reference an individual who brings forth a report of a violation.
- “Sexual activity” shall have the same meaning as “sexual act” and “sexual contact” as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3).
- “Title IX Coordinator” shall mean the Title IX Coordinator and/or his or her designee or designees.
