Title IX- Definitions
Definitions/Glossary of Terms and Examples
The following terms are used throughout the Discrimination, Harassment, Sexual Misconduct and Retaliation Policy (see Appendix A, p. 64) and are defined below:
- Advisor means a person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.
- Civil Rights and non-Title IX Sexual Misconduct Grievance Procedures is based on civil rights processes in which evidentiary materials are collected by two investigators, the parties have the opportunity to review all of the evidence used to make a determination before a determination is made, the parties have the opportunity to pose questions to the other parties and witnesses, and a team of four (4) trained faculty and staff (which includes the investigators) make a determination of policy violation and sanctions by a preponderance of evidence standard (See Appendix C)
- Complainant means an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.
- Complaint (formal) means a document filed/signed by a Complainant or signed by the Assistant Vice President for Equity, Diversity and Inclusion alleging harassment or discrimination based on a protected class or retaliation for engaging in a protected activity against a Respondent and requesting that the College investigate the allegation.
- Confidential Resource means an employee who is not a Mandated Reporter of notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status).
- Day means a business day when the College is in normal operation.
- Education program or activity means locations, events, or circumstances where the College exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by a student organization that is officially recognized by the College.
- Final Determination: A conclusion by the preponderance of evidence standard of proof that the alleged conduct occurred and whether it did or did not violate policy.
- Finding: A conclusion by the standard of proof of the preponderance of evidence that the conduct did or did not occur as alleged.
- Title IX Grievance Procedure is a method of formal resolution designated by the College to address conduct that falls within the policies included below, and which complies with the requirements of 34 CFR Part 106.45.
- Grievance Process Pool includes any investigators, hearing officers, appeal officers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same case).
- Hearing Decision-maker or Panel refers to those who have decision-making and sanctioning authority within the College’s Formal Grievance process.
- Investigator means the person or persons charged by the College with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.
- Mandated Reporter means an employee of the College who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Assistant Vice President for Equity, Diversity and Inclusion.18
- Notice means that an employee, student, or third-party informs the Assistant Vice President for Equity, Diversity and Inclusion or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.
- Official with Authority (OWA) means an employee of the College explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the College.
- Parties include the Complainant(s) and Respondent(s), collectively.
- College means a postsecondary education program that is a College of federal funding.
- Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the College’s educational program.
- Title IX Grievance Procedure means the Formal Grievance Process as defined by the Department of Education’s Office for Civil Rights detailed below and defined above.