4. Definitions
Coercion
Coercion occurs when someone is pressured, threatened, or compelled without the use of force to engage in sexual behavior. This can occur because of power imbalance between the parties. Additionally, repetition, threat of humiliation, or making someone believe they are obligated to engage in sexual behavior. Repetition of requests for sexual behavior is a common example of sexual coercion.
Complaint
An oral or written request to MACC that can objectively be understood as a request for MACC to investigate and make a determination about the alleged policy violation(s).
Complainant
Complainant is an individual who is alleged to be the victim of conduct that could constitute sexual misconduct or sexual harassment under this policy.
Consent
Consent means that both people in a sexual encounter must agree to it, and either person may decide at any time that they no longer consent and want to stop the activity. Consenting to one behavior does not obligate a person to consent to any other behaviors; consenting on one occasion also does not obligate a person to consent of any other occasion; consenting to have sexual intercourse with one person does not imply a person consents to have sexual intercourse with another person; consenting means only that at this particular time a person would like to engage in this particular sexual behavior. Consent can be withdrawn at any time, and coercion, force, or threat of either invalidates the consent. An individual who is incapacitated (e.g., due to the use of alcohol or other drugs, is injured, is asleep or unconscious, or has a physical or mental disability) cannot consent. Silence or an absence of resistance does not imply consent.
Decision-maker
The person(s) who hears evidence, determines relevance, and makes the final determination of whether Policy has been violated and/or assigns sanctions.
Education program or activity
Locations, events, or circumstances where MACC exercises substantial control over the context in which the discrimination, harassment, and/or retaliation occurs and also includes any building owned or controlled by a student organization that MACC officially recognizes.
Employee
A person employed by MACC either full- or part-time, including student employees when acting within the scope of their employment.
Evidence summary report
A report created by the investigators and provided to the parties prior to the determination of policy violation. The report includes information related to evidence gathered and used in the investigation, a summary of the incident as determined by the investigators, and a list of witnesses. The report will not include a determination, analysis, or a credibility assessment.
Final determination
A conclusion by the standard of proof that the alleged conduct did or did not violate Policy.
Finding
A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of facts”).
Force
Force can be threats of or actual physical violence to compel the complainant to engage in the sexual act. Force can also take on the form of coercion, threats to others, threats to humiliate, or intimidation. In instances of force, the victim often acquiesces and provides verbal agreement to engage in the behavior when actual consent is not provided.
Grievance process advisor
Any person chosen by a party, or appointed by MACC, who may accompany the party to all meetings related to the resolution process and advise the party on the process.
Impermissible
Evidence or questions that relate to the complainant’s sexual interests or prior sexual conduct which may not be raised in the investigation, unless 1) evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct, or 2) is evidence about the specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent.
Incapacitation
Incapacitation is evidenced in sexual harassment and sexual violence when the complainant has indicated through behavior they are no longer able to make reasonable or rational decisions.
Incapacitation can result because a person is unconscious, asleep, under the influence of drugs or alcohol, involuntary restraint, or suffers from permanent or temporary mental or physical health concerns, or has been provided drugs which lead to incapacitation. In cases of incapacitation, it is necessary for the respondent to have been reasonably able to tell a person was incapacitated.
Informal resolution
A resolution agreed to by the parties and approved by the Title IX Coordinator or their designee that occurs prior to a final determination in the resolution process.
Investigation
Investigations are conducted when a formal complaint is submitted regarding a violation of this policy. The investigation is completed by one or more trained investigators. The investigation gathers evidence to determine relevance to the allegations, conducts interviews, and prepares a report.
Investigation report
The investigator’s summary of all relevant evidence, analysis, credibility, and determination of the investigation.
Investigator
The person(s) authorized by MACC to gather facts about an alleged violation of this policy, assess relevance and credibility, synthesize the evidence, make a determination of a violation, and compile this information into an Investigation Report.
Jurisdiction
Locations, events, or circumstances in which MACC exercises substantial control over both the respondent and the context in which the conduct occurred, circumstances where MACC has disciplinary authority, misconduct that occurs outside of the program and has impact on the academic program or activity, and to misconduct occurring within any building owned or controlled by an MACC recognized student organization.
Knowledge
When MACC receives notice of conduct that reasonably may constitute harassment, discrimination, or retaliation in its Education Program or Activity.
Mandated reporter
An MACC employee who is obligated by policy to share knowledge, notice, and/or reports of discrimination, harassment, and/or retaliation with the Title IX Coordinator. All MACC employees are considered mandated reporters.
Notice
When an employee, student, or third party informs the Title IX Coordinator of the alleged occurrence of discriminatory, harassing, and/or retaliatory conduct.
Pregnancy or related conditions
Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom.
Relevant
Materials, information, testimony, or questions that may aid a decision maker in determining whether the alleged discrimination, harassment, or retaliation occurred, or in determining the credibility of the parties or witnesses.
Report
An oral or written communication to the Title IX Coordinator or deputy Title IX Coordinators of behavior which may be a violation of this policy but does not include a request investigate and make a determination about the alleged policy violation.
Resolution process
The investigation and resolution of allegations of prohibited conduct under this policy, including informal resolution and formal resolution.
Respondent
An individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct or sexual harassment.
Retaliation
An adverse action, including intimidation, threats, coercion, or discrimination, against any person, by MACC, a student, employee, or a person authorized by the MACC to provide aid, benefit, or service under the MACC’s education program or activity, for the purpose of interfering with any right or privilege secured by law or policy, or because the person has engaged in protected activity, including reporting information, making a complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or adjudication process under this policy, including the informal resolution process, or in any other appropriate steps taken by the MACC to promptly and effectively end any sex discrimination in its education program or activity, prevent its recurrence, and remedy its effects.
Sanction
A consequence imposed on a Respondent who is found to have violated a policy.
Sex
Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Standard of proof
The standard of proof is the evidentiary measurement by which a determination of a policy violation is decided. MACC utilizes the preponderance of the evidence standard which is defined as more likely than not.
Student
Any person who has gained admission and/or is progressing in a program. A student who has discontinued enrollment for six months or more is no longer considered a student unless that leave is related to a disciplinary sanction, an accommodation for pregnancy, or some other health related leave. A person who has student status who subsequently graduates, is dismissed, or withdraws is no longer considered a student at the time of those actions.
Supportive measures
Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent before or after filing of a formal complaint or where no formal complaint has been filed. Examples of supportive measures include but are not limited to counseling; extensions of deadlines or other course related adjustments; modifications of work or class schedules; campus escort services; mutual restrictions on contact between the parties; changes in work or housing locations; increased security and monitoring of certain areas; leaves of absence; or other similar measures.