Title IX: Terminology
In order to fully understand the content of this training you will need to become familiar with the handful of laws and definitions outlined in this Section. If at any time during the training you need to revisit this information, please refer to Appendix A of the Title IX Procedures, which can be found under the "Policy" tab at the top of the training screen.
Consent is a positive, voluntary agreement on the part of all participating individuals to engage in sexual contact. Consent is active, not passive; silence, in and of itself, cannot be interpreted as consent. Once given, consent can be revoked by any participating individual at any time during an encounter, and prior consent does not imply consent to any other form or instance of sexual activity.
Consent is the difference between sex and sexual assault.
Discrimination is prejudicial treatment based on an individual's membership in a particular category (defined by factors such as sex, sexual orientation, or race). Types of discrimination include (1) treating similarly situated persons differently on the basis of a prohibited classification, (2) using a neutral procedure or practice that has an unjustifiably disproportionate effect on protected individuals, and (3) intimidating, threatening, coercing or discriminating against an individual for making a complaint, testifying, assisting or participating in an investigation, proceeding or hearing.
Sexual violence is a broad category that includes physical sexual acts perpetrated against a person's will, or committed where a person is legally incapable of giving consent (for example, when they are too inebriated to maintain consciousness). Rape, sexual battery, sexual assault and sexual coercion are examples of sexual violence. In addition to violating criminal law, when sexual violence seriously interferes with the learning or work environment, it creates a hostile environment under Title IX.
Any person can be a perpetrator and any person can be a victim of sexual violence, regardless of their sex, gender or sexual orientation.
Sexual Harassment is any threatening, demeaning, or offensive conduct or situation that unreasonably interferes with an individual’s work setting or creates a hostile environment. In the Institute context, sexual harassment includes any unwanted and unwelcome sexual behavior that significantly interferes with an individual’s access to educational/research opportunities, as well as unwelcome verbal, or physical conduct of a sexual nature (such as sexual advances or requests for sexual favors) sufficiently serious that it unreasonably interferes with or limits a person’s ability to participate in or benefit from existing educational/research programs, activities, and/or employment. Sexual harassment may be based on a power differential, the creation of a hostile environment, or retaliation.
It is not the intention of the harasser but the conduct itself and the impact on the recipient which determines what constitutes harassment. Where harassment is unintended, but still has the effect of violating the dignity or creating a hostile environment for the recipient, the conduct would be considered as harassment only after consideration of all the circumstances, which will include the perception of the recipient. Certain behavior will be unwelcome even on a single occasion and what is acceptable to some may be unacceptable to others.
Sexual assault is any type of sexual contact – not just sexual intercourse – without consent or permission. Sexual Assault occurs when the act is intentional and is committed either by: (a) physical force, violence, threat, or intimidation; (b) ignoring the objections of another person; (c) causing another’s intoxication or impairment through the use of drugs or alcohol; or (d) taking advantage of another person’s incapacitation (including voluntary incapacitation caused by the use of drugs or alcohol), state of intimidation, helplessness, or other inability to consent.
A variety of factors are considered to determine if a hostile environment has been created by unwelcome conduct. Conduct will be evaluated from both a subjective and objective perspective. All relevant circumstances will be considered.
Intimate partner violence (sometimes called domestic violence, dating violence or relationship violence) is a pattern of abusive behavior used by one partner, spouse or former partner or spouse to maintain control over the other. Intimate partner violence can be physical, psychological, or sexual and can also include threats of physical or sexual violence. Intimate partner violence can be between same- or different-sex partners and does not require sexual intimacy.
Stalking is repeated harassment or threats that cause a target to feel fear. Stalking may include following and spying on the target, sending unwanted presents, spreading rumors, damaging the target's property or defaming the target's character.
In Title IX proceedings, an individual alleging that a Title IX violation has been perpetrated against them is referred to as the "Claimant." The alleged perpetrator of the violation is called the "Respondent." A Title IX claim can only be made by a claimant, on their own behalf. A third party, even one who bore witness to the alleged violation, cannot pursue a claim under Title IX.