Definitions

Definitions:

Title IX Coordinator will be the individual designated to ensure Title IX protocol is implemented and is the individual to whom all complaints or notice related to sex/gender harassment, misconduct, and discrimination should be directed.

Deputy Coordinators are individuals designated by the College to assist with management and implementation of population specific compliance strategies and programs. .

Investigators are individuals designated by the College to conduct reliable, prompt, fair and impartial investigations of allegations, including identifying and interviewing parties and witnesses; identifying, organizing, and compiling relevant information; maintaining accurate and thorough investigation records and notes; and writing clear, concise, and comprehensive investigation reports.

Decision-makers are individuals or groups who have the authority to determine whether or not institutional policy was violated in accordance with the specified standard of proof and to determine appropriate remedies and corrective action/sanctions.

Appeal Decision Makers If we provide the opportunity to appeal, the decision-maker’s original decision, the case will then be assigned to an appeal decision maker. This may be an individual or a group and cannot have been involved in the case up to the point of receiving an appeal request.

CSA A “Campus Security Authority” is 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. All faculty at WVNCC are CSA’s because advising is considered significant responsibility for student and campus activities, but at other institutions all faculty may not be CSAs because they may not have advising responsibilities.

Advisor of choice – parties have the right to have an advisor of their choice to assist them throughout the process, to include attending any meetings and interviews. This may be anyone including an attorney. If a party does not have an advisor, it must be provided by the recipient for the cross examination component of the live hearing. Advisors may be restricted in participation to ensure equality.

Responsible employee/official with authority is any employee who 1. has the authority to take action to redress the harassment; or 2. Has the duty to report harassment or other types of misconduct to appropriate officials; or 3. Someone a student could reasonably believe has this authority or responsibility. 4. All CSA’s are responsible employees.

Sexual harassment is unwelcome conduct of a sexual nature or that is sex or gender-based. It can be based on power differentials (quid pro quo); the creation of a hostile environment, or retaliation.

Hostile environment is created when the unwelcome conduct is determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.

Quid Pro Quo harassment is an employee of the recipient conditioning the provision of an aid, benefit or service of the recipient on an individual’s participation in unwelcome sexual conduct. It is also by a person having power or authority over another and would include submission to such conduct would be a condition for access to receiving the benefits of any educational (or employment) program.

Retaliation is any adverse action taken against a person participating in a protected activity because of the person’s participation in that protected activity.  This also includes retaliation against the complainant by the respondent and also includes the respondent’s friends or others. It can also include retaliation directed toward third parties because of their participation in the process or for supporting the parties.

Sexual assault is a forcible, sex offense. It is any sexual act directed against another person, without the consent of the complainant including instances where the complainant is incapable of giving consent. Forcible rape is penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.

Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. It includes but is not limited to sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence.

Domestic violence is a felony or misdemeanor crime 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 or intimate partner; by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws; and/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.

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress. The course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Preponderance of the evidence = more likely than not.