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APPENDIX A: Definitions Relevant to the Policy on Sexual Misconduct
Affirmative Consent: Consent which must be informed, voluntary, and active, meaning that,
through the demonstration of clear words or actions, a person has indicated permission to engage
in mutually agreed –upon sexual activity. Whoever initiates sex has the responsibility to ask for
and receive permission. Participants are encouraged to talk to one another before engaging in
sexual activity to avoid a misunderstanding. (See Section IV, A of the Policy on Sexual
Misconduct for a more thorough discussion).
Complaint: A request that the University take action to investigate and resolve an allegation that
a student has violated the Policy On Sexual Misconduct.
Complainant: A person who has made a report of Sexual Misconduct to a Responsible
Employee, University Title IX Coordinator, or University Police and Security, and submitted a
Complaint to the University Title IX Coordinator requesting that the University take action to
investigate and resolve an allegation that a student has violated the Policy On Sexual
Misconduct.
Investigator: The Investigator is responsible for conducting a prompt Title IX Investigation of a
Complaint of Sexual Misconduct. The Investigator may be a University employee, or may be
retained from an outside organization by the University. All Investigators will be trained in the
investigation of Sexual Misconduct pursuant to Title IX requirements.
Investigation (Title IX): A prompt and effective inquiry to determine whether or not a violation
of the Policy On Sexual Misconduct has occurred. An Investigation includes but is not limited to
interview(s) with the Complainant, Respondent and relevant witnesses. The Investigation will
include the gathering of physical, documentary, or other relevant and available evidence,
including law enforcement reports.
Respondent: A student against whom a Title IX Report or Complaint of sexual misconduct has
been made.
Responsible Employee: All employees of the University, including faculty, staff, resident
assistants and teaching assistants have been identified as Responsible Employees and are
required to report all information regarding possible or alleged sexual misconduct to the Title IX
Coordinator or designated officials. All employees in Counseling, Health and Wellness and the
Interfaith Center are not Responsible Employees.
Standard of Proof: In resolving complaints pursuant to the Sexual Misconduct/Title IX Policy,
the University will use a “preponderance of the evidence,” standard, which is whether the
evidence gathered and information provided during the investigation supports a finding that it is
more likely than not that the respondent violated the Policy On Sexual Misconduct.
Title IX: Title IX is a comprehensive federal law that prohibits discrimination on the basis of
sex in any federally funded education program or activity. On June 23, 1972, the President
signed Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., into law. The