Definitions

DEFINITIONS 

Administrative Investigator is defined as an individual who will be responsible for investigating a Formal Complaint. 

 

Complainant is defined as an individual who may have been the alleged victim of an act of Prohibited Sexual Conduct who is participating in or attempting to participate in the University's Education Program or Activity. 

 

Disciplinary Action is defined as the University Official's imposed or recommended employment penalty issued in compliance with the University disciplinary policy (if any). 

 

Education Program or Activity is defined as locations, events, or circumstances over which the University exercises substantial control over both the Respondent and the context in which the alleged Prohibited Sexual Conduct occurred. 

 

Effective Consent is defined as informed, freely and actively given, mutually understandable words or actions, which indicate a willingness to participate in mutually agreed upon sexual activity. In the absence of mutually understandable words or actions it is the responsibility of the initiator, that is, the person who wants to engage in the specific sexual activity, to make sure that they have consent from their partner(s). 

Effective Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested a mutually understandable agreement between them to do the same act, in the same way, at the same time, with each other. 

The following should also be considered in determining Effective Consent: 

· Effective Consent may never be given by minors (under the age of 16 in North Carolina) and mentally incapacitated persons.
· Effective Consent may never be given by individuals who are incapacitated as a result of alcohol or other drugs (including if self-ingested) or who are unconscious or otherwise physically helpless. Incapacitation means being in a state where an individual lacks the capacity to appreciate the nature of giving consent to participate in sexual activity. 
· An individual may not engage in sexual activity with another who the individual knows, or should reasonably have known, is incapacitated as a result of alcohol or other drugs. The perspective of a reasonable person will be the basis for determining whether an individual should have known about the impact of the use of alcohol or drugs on another's ability to give consent. Being intoxicated or high does not diminish an individual's responsibility to obtain Effective Consent and is never an excuse for Sexual Misconduct. 
· Effective Consent may not be inferred from silence, passivity or lack of active resistance alone. 
· A current or previous dating or sexual relationship (or the existence of such a relationship with anyone else) may not, in itself, be taken to imply consent. 
· Effective Consent cannot be implied by attire or inferred from the buying of dinner or the spending of money on a date. 
· Effective Consent to one type of sexual act may not, in itself, be taken to imply Effective Consent to another type of sexual act. 
· Effective Consent expires. Effective Consent lasts for a reasonable time, depending on the circumstances. 
· Effective Consent which is obtained through the use of fraud or force, whether that force is physical force, threats, intimidation, or coercion, is ineffective consent. Intimidation or coercion is determined by reference to the reasonable perception of a person found in the same or similar circumstances.

Formal Complaint is defined as a written document meeting the requirements of this Policy which is filed by a Complainant with the Title IX Coordinator or signed by the Title IX Coordinator (in cases where a Complainant refuses to sign) alleging Prohibited Sexual Conduct against a Respondent and requesting that the University investigate the allegations. 


Formal Resolution is defined as a Title IX complaint resolution involving a hearing which is held to determine responsibility. 



Informal Resolution is defined as a variety of options for resolving a Formal Complaint which do not involve a hearing. 



Prohibited Sexual Conduct is defined as Sexual Harassment, Sexual Misconduct, Relationship Misconduct, or Retaliation. 



Referral Sanction is defined as a hearing body's sanction of referring a finding of responsibility, along with any recommended Disciplinary Action, to the University Official for consideration of an appropriate Disciplinary Action. 

 
Relationship Misconduct is defined as follows: 

· Dating Violence which is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship shall be determined based on a consideration of the following factors:

 The length of the relationship.

 The type of relationship.

 The frequency of interaction between people involved in the relationship. 


· Domestic Violence is defined as violence that may constitute a felony or misdemeanor crime committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of North Carolina, or by 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 North Carolina. 


· Stalking is defined as engaging in 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. Allegations of Stalking are processed under this Policy only if the alleged Stalking behavior is based on sex. Non-sex-based Stalking may be addressed by other University policies. 
 

Respondent is defined as an individual who has been accused of being the perpetrator of Prohibited Sexual Conduct. 

Retaliation is defined as intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by this Policy or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in a Title IX complaint resolution investigation, proceeding, or hearing. 

Sexual Harassment is defined as follows:

· an employee of the University 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, or

• Sexual Misconduct or Relationship Misconduct. 


Sexual Misconduct is defined as any sexual act directed against another person without the Effective Consent of the victim, including instances where the victim is incapable of giving Effective Consent. Such misconduct includes the following: 

· Fondling The touching of the private parts of another person for the purpose of sexual gratification, without the Effective Consent of the victim, including instances where the victim is incapable of giving Effective Consent because of his/her age or because of his/her temporary or permanent mental incapacity. 


· Incest Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 


· 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 Effective Consent of the victim. 


· Statutory Rape Sexual intercourse with a person who is under the statutory age of being able to give Effective Consent. 
 



Supportive Measures are defined as non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. 

 

University Official is defined as one of the following individuals (or their designees) who makes certain decisions as outlined in this Policy: 

· Athletic Director (if the Respondent is an employee of the Athletics Department); 
· Chancellor (if the Respondent is an employee who reports directly to the Chancellor); 
· Vice Chancellor for Student Affairs (if the Respondent is a student); 
· Dean (if the Respondent is a non-faculty employee of a unit supervised by the Dean or if the Respondent is a non-faculty employee reporting directly to the Dean); 
· General Counsel (if the Respondent is an employee of a unit supervised by the General Counsel or is a third-party who is not a student or employee); 
· Vice Chancellor (if the Respondent is an employee of a unit supervised by the Vice Chancellor or the Respondent reports directly to the Vice Chancellor); or

· Vice Chancellor for Academic Affairs (if the Respondent is a Dean, the Respondent is an employee who reports directly to the Vice Chancellor for Academic Affairs, or the Respondent is a faculty member).