Definitions for the College's Sex-Based Misconduct Procedures

BYSTANDER INTERVENTION:

• includes without limitation the act of challenging the social norms that support, condone, or permit sexual violence. See Section 5 of the Preventing Sexual Violence in Higher Education Act, 110 ILCS 155/5

COMPLAINANT:

• an individual who is alleged to be the victim of conduct that could constitute sex-based misconduct.

CONFIDENTIAL ADVISOR:

• a person who is employed or contracted by the College to provide emergency and ongoing support to student survivors of sexual violence. Confidential Advisors may include persons employed by a community-based sexual assault crisis center with whom the College partners. Individuals designated as “Responsible Employees” in Section VI of these Procedures are not Confidential Advisors.

CONSENT:

• knowing and voluntary agreement to engage in sexual activity. Coercion, force, or the threat of either invalidates consent. Consent may not be inferred from silence, passivity, or a lack of verbal or physical resistance. A person’s manner of dress does not constitute consent. Past consent to sexual activities does not imply ongoing or future consent. Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person. Consent may be withdrawn at any time. A person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following: 1) the person is incapacitated due to the use or influence of alcohol or drugs; 2) the person is asleep or unconscious; 3) the person is under age; or 4) the person is incapacitated due to a mental disability.

DATING VIOLENCE:

• violence committed by a person: 1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and 2) where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

DOMESTIC VIOLENCE:

• includes felony or misdemeanor crimes of violence 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 the State of Illinois, 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 the State of Illinois.

EDUCATION PROGRAM OR ACTIVITY:

• a location, event, or circumstance over which the College exercised substantial control over both the respondent and the context in which the sex-based misconduct occurs, and also included any building owned or controlled by a student organization that is officially recognized by the College.

HATE CRIME:

• an act or an attempted act that violates a criminal statute by any person that in any way constitutes an expression of hostility toward the victim because of his or her sex, race, ethnicity, religion, age, disability, national origin, sexual orientation, or gender-related identity, color, marital status, military status or unfavorable military discharge.

HOSTILE ENVIRONMENT CAUSED BY SEXUAL HARASSMENT:

• a sexually harassing hostile environment is created when conduct by an individual is so severe, pervasive or persistent that it denies or limits an individual’s ability to participate in or receive the benefits, services or opportunities of the College’s educational programs or activities or the individual’s employment access, benefits or opportunities. In determining whether a hostile environment has been created, the conduct in question will be
  considered from both a subjective and an objective perspective of a reasonable person in the alleged victim’s position, considering all the circumstances.

INCAPACITATION:

• when a person is incapable of giving consent due to the person’s age, use of drugs or alcohol, or because an intellectual or other disability which prevents the person from having the capacity to give consent.

INTIMIDATION:

• to intentionally make another timid or fearful, to compel or deter by or as if by threats. Intimidation is a form of retaliation prohibited by the College’s Policy Prohibiting Sex-Based Misconduct and these Procedures.

PREPONDERANCE OF THE EVIDENCE:

• when considering all the evidence in the case, the decision-maker is persuaded that the allegations are more probably true than not true.

RESPONDENT:

• an individual who has been reported to be the perpetrator of conduct that could constitute sex-based misconduct.

RESPONSIBLE EMPLOYEE:

• a College employee who has the authority to redress sex-based misconduct, who has the duty to report incidents of such misconduct or other student misconduct, or whom a student could reasonably believe has this authority or duty. Section VI of these Procedures lists categories of employees who are Responsible Employees for the College.

RETALIATION:

• Any form of retaliation, including intimidation, threats, harassment and other adverse action taken or threatened against any complainant or person reporting or filing a complaint alleging sexual discrimination, harassment or misconduct or any person cooperating in the investigation of such allegations (including testifying, assisting or participating in any manner in an investigation) is strictly prohibited and may violate the protections of the State Employees and Officials Ethics Act, the Whistleblower Act, and the Illinois Human Rights Act. Action is generally deemed adverse if it would deter a reasonable person in the same circumstances from opposing practices prohibited by the College’s Sex-Based Misconduct Policy and these Procedures. Retaliation may result in disciplinary or other action independent of the sanctions or supportive measures imposed in response to the
  allegations of sexual discrimination, harassment, or misconduct.

SEXUAL ASSAULT:

• any type of sexual contact or behavior that occurs by force or coercion, without consent of the recipient of the unwanted sexual activity, or in a familial relationship of a degree that would prohibit marriage. It includes sexual acts against a person who is unable to consent either due to age or lack of capacity or impairment. Examples include forcible sexual intercourse, forcible sodomy, forcible fondling, child molestation, incest, attempted rape, statutory rape, and rape. Sexual assault can occur between members of the same or opposite sex. Sexual assault includes any forced act against one’s will where sex is the weapon.

SEX-BASED MISCONDUCT:

• Misconduct on the basis of sex, sexual orientation or gender-related identity. Such misconduct includes sex discrimination, sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, sexual violence, and stalking.

SEXUAL EXPLOITATION:

• when a person takes non-consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited, and that behavior does not meet the definition of sexual assault. Sexual exploitation includes prostituting another person, non-consensual visual or audio recording of sexual activity, non-consensual distribution of photos or other images of an individual’s sexual activity or intimate body parts with an intent to embarrass such individual, non-consensual voyeurism, knowingly transmitting HIV or a sexually transmitted disease to another, or exposing one’s genitals to another in non-consensual circumstances.

SEXUAL HARASSMENT:

• Unwelcome sexual advances, requests for sexual acts or favors, and other verbal, non-verbal or physical conduct of a sexual nature when:
  • Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment, academic advancement, evaluation, or grades.
  • Submission to or rejection of such conduct by an individual is used as a basis for employment, academic advancement, evaluation, or grading decisions affecting that individual.
  • Such conduct has the purpose or effect of substantially interfering with an individual’s employment or educational performance or creating an intimidating, hostile, or offensive employment or educational environment; or
  • Such conduct denies or limits an individual’s ability to participate in or receive the benefits, services or opportunities of the College’s educational programs or activities or the individual’s employment access, benefits, or opportunities.

SEXUAL VIOLENCE:

• physical sexual acts attempted or perpetrated against a person's will or when a person is incapable of giving consent (e.g., due to the person’s age, use of drugs or alcohol, or because of an intellectual or other disability prevents the person from having the capacity to give consent). Sexual violence includes, but is not limited to rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.

SURVIVOR:

• an individual who has experienced sexual violence, domestic violence, dating violence, or stalking while enrolled, employed, or attending an event at a higher education institution.

SURVIVOR-CENTERED:

• a systematic focus on the needs and concerns of a survivor of sexual violence, domestic violence, dating violence, or stalking that 1) ensures the compassionate and sensitive delivery of services in a nonjudgmental manner; 2) ensures an understanding of how trauma affects survivor behavior; 3) maintains survivor safety, privacy, and, if possible, confidentiality; and 4) recognizes that a survivor is not responsible for the sexual violence, domestic violence, dating violence, or stalking. See Section 5 of the Preventing Sexual Violence in Higher Education Act, 110 ILCS 155/5.

STALKING:

• engaging in a course of conduct directed at a specific person that would cause a reasonable person to: 1) fear for his or her safety or the safety of others; or 2) suffer substantial emotional distress.

THREAT:

• any oral or written expression or gesture that could be interpreted by a reasonable person as conveying an intent to cause harm to persons or property.

TRAUMA-INFORMED RESPONSE:

• a response involving an understanding of the complexities of sexual violence, domestic violence, dating violence, or stalking through training centered on the neurobiological impact of the trauma, the influence of societal myths and stereotypes surrounding sexual violence, domestic violence, dating violence, or stalking, and understanding the behavior of perpetrators. See Section 5 of the Preventing Sexual Violence in Higher Education Act, 110 ILCS
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