Accused is a student who is alleged to have violated the Student Code of Conduct and Judicial Procedures. The term “accused” is used interchangeably with the term “respondent”.
Accuser is an individual who brings forth a charge against the accused under the Student Code of Conduct and Judicial Procedures. The word accuser is used interchangeably with the word “complainant”.
Complaint is a detailed written statement of allegations of unlawful or prohibited discrimination in violation of one or more of the University’s social equity policies. A complaint is signed, or otherwise authorized, and dated by the complainant. Complaints sent by electronic communication are permitted. Note that verbal and anonymous complaints also are accepted.
Complainant is a student, employee, campus visitor, guest, or applicant for employment or admission who alleges of the respondent acted in unlawful discriminatory manner in violation of one or more of the University’s social equity policies. The complainant is considered a party to a complaint.
Confidentiality is the withholding the complainant’s name while balancing the university’s need to maintain a safe and nondiscriminatory environment for all students and employees. In contrast, privacy is withholding information about an incident except the information will be shared with a limited group of individuals on a limited need to know basis.
Campus Security Authority is a Clery-specific term that encompasses four groups of individuals and organizations associated with an institution: (1) A campus police department or a campus security department of an institution, (2) Any individual(s) who have responsibility for campus security but who do not constitute a campus police department or a campus security department, (3) Any individuals or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses, and (4) An official of an institution who has significant responsibility for student and campus activities including, but not limited to, student housing, student discipline and campus judicial proceedings. An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution.
Respondent is an employee, campus visitor or guest whose behavior or conduct are alleged by the complainant to have violated one or more of the University’s social equity policies, including the policy described in this University Sex Discrimination and Sexual Misconduct Policy Handbook. A respondent also may be a student who is alleged to have violated one or more provisions of the Student Code of Conduct and Judicial Procedures. The respondent is considered a party to a complaint.
Report is a written account or verbal statement about an incident. The written account or verbal statement should at a minimum, if known, describe who was involved, what happened, when the incident happened, where the incident occurred, and how the incident happened.
Retaliation is adverse or negative action taken against one who reports or assists in the investigation of a complaint.
Sex Discrimination is conduct that denies or limits an individual’s ability to benefit from or fully participate in educational programs or activities or employment opportunities because of an individual’s sex.
Sexual Harassment is a form of sex discrimination. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, whether or not accompanied by promises or threats, and other sexual conduct that occur on or off campus when:
1) Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of enrollment, employment, or participation in other University activities; or,
2) Submission to or rejection of such conduct by an individual is used as a basis or substantial factor in assignment, advancement, or evaluation, or in making other academic or employment decisions affecting an individual; or,
3) Such conduct is sufficiently severe or pervasive so as to create an intimidating or hostile work or educational environment, which unreasonably interferes with work or educational performance, or negatively affects an individual's employment or education opportunities.
Sexual Misconduct is a term used to capture sexual harassment, as well as sexual violence. The term does not include sex discrimination which is conduct that denies or limits an individual’s ability to benefit from or fully participate in educational programs or activities or employment opportunities because of an individual’s sex.
Sexual Violence is a form of sexual harassment and refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the complainant’s incapacitation through the use of drugs or alcohol. A number of different acts fall into the category of sexual violence, including dating violence, stalking, domestic violence, rape, sexual assault, sexual battery, and sexual coercion.
A. Dating Violence means violence committed by a person (1) who is or has been in a social relationship of a romantic or intimate nature with the complainant; and (2) where the existence of such a relationship shall be determined based on a consideration of the following factors: a) the length of the relationship, b) the type of relationship, and c) the frequency of interaction between the persons involved in the relationship. This act of sexual violence is similarly defined under the Violence against Women Act of 1994. Additionally, the EU Student Code of Conduct and Judicial Procedures refers to this act as physical abuse.
B. Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. This act of sexual violence is similarly defined under the Violence against Women Act of 1994. Additionally, the EU Student Code of Conduct and Judicial Procedures refers to this act as physical abuse.
C. Rape and Sex Offenses means sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the complainant is incapable of giving consent.
D. Sexual Assault means an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.
E. Sexual Battery means the unauthorized, non-consensual touching or penetration of an unwilling person.
F. Sexual Coercion means an act of using pressure, alcohol or drugs, or force to have sexual contact with someone against his or her will; persistent attempts to have sexual contact with someone who has already refused.
G. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for his or her safety or the safety of others; or (b) suffer substantial emotional distress. This act of violence is similarly defined under the Violence against Women Act of 1994. Additionally, the EU Student Code of Conduct and Judicial Procedures refer to this act as physical abuse.
Title IX Report is information based on direct or indirect notice of an incident pertaining to sex discrimination and sexual misconduct