Terms to Know

Title IX

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Complainant

Complainant means an individual who is eligible to file a complaint to report a violation of the sexual misconduct policy. A Complainant refers either to a person who has self-reported or who has been reported by a third party to have experienced a sexual misconduct policy violation.

Respondent

A person against whom a complainant of sexual misconduct is made.

Mandated Reporter

A mandated reporter is someone required by federal law to report any and all information regarding a potential Title IX violation and acts of sexual misconduct and/or harassment. The following are Mandated Reporters/Responsible Employees and are required to report all personally identifiable information and other details disclosed about the incident to the Title IX Coordinator: President, Vice Presidents, all faculty, all administrators, all coaches, Campus Safety employees, Human Resources employees, and all staff who supervise student employees (except those previously identified as confidential)

Sexual Harassment

Sexual Harassment is unwelcome conduct of a sexual nature that is sufficiently severe, persistent or pervasive that it has the effect of unreasonably interfering with, denying or limiting someone’s ability to participate in or benefit from the College’s educational program and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

 For are more detailed definition and examples of sexual harassment click here: link to Sexual Miscondcut policy

Sexual Misconduct

Sexual Misconduct is a term used to encompass numerous Title IX offenses. Sexual misconduct offenses include, but are not limited to:

  • Non-Consensual Sexual Contact (or attempts to commit same)
  • Non-Consensual Sexual Intercourse (or attempts to commit same)
  • Sexual Exploitation
  • Intimate Partner Violence (IPV)
  • Stalking

Non-Consensual Sexual Contact

Non-Consensual Sexual Contact is any intentional sexual touching, however slight, with any object or body part, by an individual upon another individual that is without consent and/or by force.

For are more detailed definition and examples of non-consensual sexual contact click here: link to Sexual Miscondcut policy

Non-Consensual Sexual Intercourse

Non-Consensual Sexual Intercourse is any sexual intercourse (vaginal, anal, or oral), however slight, with any object or body part, by an individual upon another individual that is without consent and/or by force.

For are more detailed definition and examples of non-consensual sexual intercourse click here:  link to Sexual Miscondcut policy

Consent

Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create clear mutually understandable permission regarding willingness to engage in (and the conditions of) sexual activity.

For are more detailed definition and examples of consent click here:  link to Sexual Miscondcut policy

Intimate Personal Violence

Sometimes referred to as dating or relationship violence, IPV can vary in frequency and intensity and is defined as physical, sexual, or psychological harm by a current or former partner or spouse.

For are more detailed definition and examples of intimate personal violence click here:  link to Sexual Miscondcut policy

Sexual Exploitation

Sexual Exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.

For are more detailed definition and examples of sexual exploitation click here:  link to Sexual Miscondcut policy

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress.

Retaliation

It is a violation of College policy to retaliate against any person cooperating in the investigation of an allegation of Sexual Misconduct, including the Complainant (or victim when victim is not the Complainant), Respondent, and witnesses. For these purposes, “retaliation” includes intimidation, threats, harassment, and other adverse action threatened or taken against any such Complainant or third party. In order for Title IX to investigate a retaliation complaint, not pertaining to sexual harassment, the retaliation needs to be persistent and severe, and the retailation must be retailation on the basis of an individual participating in a Title IX process. 

Amnesty Policy

Gustavus Adolphus College’s Amnesty policy means if you report sexual misconduct and you or others (including the complainant and/or respondent) were participating in other policy violations such as underage drinking and/or substance use, disciplinary proceedings will not take place against reporting parties and/or the respondent/complainant for participating in these violations. Gustavus Adolphus College wants to encourage reporting and therefore while serious violations cannot be overlooked, the College reserves the right to waive lesser charges (such as violations of the alcohol policy) in cases that involve sexual misconduct.

Confidential Resource

A confidential resource is a resource any member of the Gustavus Adolphus College community can utilize for services pertaining to sexual misconduct and personal health. These resources are not required under federal law to report sexual misconduct incidents. Therefore, any personal information you share regarding a sexual misconduct will be between you and the confidential resource.

Preponderance of Evidence

Preponderance of evidence is the standard used by Gustavus Adolphus College to determine Title IX formal resolutions/disciplinary proceedings. Preponderance of evidence means is it more likely than not (51% or more chance) that the respondent committed a Title IX policy violation. If the answer is yes, the respondent will be held accountable for a policy violation.