Definitions Applicable Only in Cases of Title IX Sexual Harassment

 

  1. Formal Title IX Sexual Harassment Complaint. A document filed by a Title IX Sexual Harassment Complainant or signed by the Title IX Coordinator alleging Title IX Sexual Harassment against a Title IX Sexual Harassment Respondent and requesting that the University investigate the allegation. A parent or guardian of a Title IX Sexual Harassment Complainant who is an unemancipated minor may also file a Formal Title IX Sexual Harassment Complaint on behalf of their child or ward. References to “Formal Title IX Sexual Harassment Complaint” throughout this Policy refer to Formal Title IX Sexual Harassment Complaint.
     
  2. Title IX Sexual Harassment Complainant. An individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment irrespective of whether a Formal Title IX Sexual Harassment Complaint has been filed.
     
  3. Title IX Sexual Harassment Respondent. An Individual who has been reported to be the perpetrator of conduct that could constitute Title IX Sexual Harassment. Any individual may be a respondent, whether such individual is a student, faculty member, administrator, other employee of the University or other person with or without any affiliation to the University.
     
  4. Officials with Authority – Actual Knowledge. For purposes of determining actual knowledge of Title IX Sexual Harassment the following positions have authority at Fresno Pacific University to institute Preventative and Corrective Measures for Title IX Sexual Harassment: The President, the Provost, all Vice Presidents, all Deans of colleges within the University, the Title IX Coordinator, the highest level administrator in the Office of Human Resources, the highest level administrator in the Department of Student Development, and all employees who serve as either student conduct officers, hearing officers, hearing panel members, decision makers, or appeal adjudicators in cases of Title IX Sexual Harassment when serving in that role. In all cases, Preventative and Corrective Measures must be imposed in compliance with the Grievance Process for Complaints of Title IX Sexual Harassment.
     
  5. Title IX Supportive Measures. Title IX Supportive Measures are non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to the Title IX Sexual Harassment Complainant or Title IX Sexual Harassment Respondent before or after the filing of a Formal Title IX Sexual Harassment Complaint or where no Formal Title IX Sexual Harassment Complaint has been filed. Title IX Supportive Measures are designed to restore or preserve equal access to the University’s education program, or activity, without punishing, disciplining, or unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter Title IX Sexual Harassment. Title IX Supportive Measures may 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, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The determination of what Title IX Supportive Measures are appropriate in a given situation must be based on the facts and circumstances of that situation.
     
  6. Title IX Sexual Harassment Informal Resolution. An informal resolution of Title IX Sexual Harassment may encompass a broad range of conflict resolution strategies, including mediation or restorative justice.
     

  7. Title IX Sexual Harassment. Sexual harassment for purposes of Title IX means conduct on the basis of sex that satisfies one or more of the following:

    1. An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct;
    2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; or
    3. Sexual Assault, Dating Violence, Domestic Violence, or Stalking. The following definitions further define Title IX Sexual Harassment:
      1. Sexual Assault: The term Sexual Assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, including, but not necessarily limited to, fondling, rape, and statutory rape.
      2. Dating Violence: The term 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 victim; and,
        2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
          1. The length of the relationship;
          2. The type of relationship;
          3. The frequency of interaction between the persons involved in the relationship.
      3. Domestic Violence: The term Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.
      4. Stalking: Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
        1. Fear for his or her safety or the safety of others; or
        2. Suffer substantial emotional distress.