Affirmative Consent– means conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
In the evaluation of a complaint in the disciplinary process it shall not be a valid excuse:
- To alleged lack of affirmative consent that the respondent believed that the complaint consented to the sexual activity under either of the following circumstances:
- The respondent's belief in affirmative consent arose from the intoxication or recklessness of the respondent.
- The respondent did not take reasonable steps, in the circumstances known to the respondent at the time, to ascertain whether the complainant affirmatively consented.
- That the respondent believed that the complainant affirmatively consented to the sexual activity if the respondent knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the flowing circumstances:
- The complainant was asleep or unconscious.
- The complainant was incapacitated due to the influence of drugs, alcohol, or medication so that the complainant could not understand the fact, nature or extent of the sexual activity. c.The complainant was unable to communicate due to a mental or physical condition.
Community Members- any student, administrator, faculty or staff.
Complainant- any person who alleges to be the victim of discrimination harassment, sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence and stalking and files a complaint.
Compliance Officer- the official university employee designated to manage one or more of the Compliance policies.
Dating Violence- violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.
Discrimination- refers to conduct that subjects an individual to disparate treatment of the basis of race, color, religion, ancestry, national origin, sex, marital status, sexual orientation, age, disability, veteran status, or any other classification protected by law. This would include alleged conduct that deprives an individual of academic, employment, or other opportunities offered by the university on the basis of such protected characteristics.
Domestic Violence– 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 cohabiting with or has cohabited 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 of the jurisdiction in which the crime of violence occurred, 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 in which the crime of violence occurred.
Harassment– refers to conduct that is unwelcome and is directed or related to an individual’s race, color, religion, ancestry, national origin, sex, marital status, sexual orientation, age, disability, veteran status or any other classification protected by law.
- Harasses means engages in a knowing and willful course of conduct directed at a specific person that includes, but is not limited to, behavior that seriously alarms, annoys, torments or terrorizes the person, and that serves no legitimate purpose.
- Hostile Work Environment – refers to severe and pervasive conduct that permeates the work environment and interferes with an employee’s ability to perform his or her job.
Mandated Reporter– University employees (faculty, staff and administrators) are expected to immediately report actual or suspected discrimination, harassment, sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence and stalking to appropriate officials, though there are some limitations. These limitations include licensed professional counselors and staff, on-campus health service providers and staff, and the campus pastor working within the scope of their licensure or ordination.
Preponderance of Evidence– the evidence in support of the question at issue is of greater weight or more convincing than the evidence in opposition to it; that is, the standard is whether based on the evidence it is more likely than not that what is alleged is true.
Quid Pro Quo Harassment– Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes sexual harassment when submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluation an individual’s educational (or employment) progress, development, or performance. This includes when submission to such conduct would be a condition for access to receiving the benefits of any educational (or employment) program.
Respondent- any individual who is alleged to have discriminated, harassed, sexually harassed or violated sexual misconduct policies.
Retaliation– any adverse reaction whether direct, implied or perceived, taken against a person for alleging harassment/sexual misconduct, supporting a party bringing a complaint, or for assisting in providing information relevant to a claim of harassment or sexual misconduct. Retaliation includes, but is not limited to, intimidation, threats or menacing behavior, coercion, or discriminatory actions. Retaliation is a serious violation and may result in immediate removal from the university pending the outcome of the restorative discipline process.
Section 504 Compliance Coordinator – The University ADA/Section 504 Compliance Officer who is responsible for the University’s overall efforts to comply with the ADA and Section 504 of the Rehabilitation Act.
Duties include, but are not limited to;
- Administer the University’s ADA regulations
- Review documentation for requests for Reasonable Accommodations
- Ensure that buildings and pathways are free from obstructions
- Address concerns that arise from the University Community
Sexual Misconduct – any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. Sexual misconduct can occur among persons of the same or different sex. Sexual misconduct includes, but is not limited to, sexual harassment, gender harassment, sexual assault, sexual exploitation, domestic violence, dating violence, and stalking.
- "Coercion" - refers to intimidation that would compel an individual to do something against their will by the use of psychological pressure, physical force, or threats of severely damaging consequences. Coercion is more than an effort to persuade or attract another person to engage in sexual activity. Coercive behavior differs from seductive behavior based on the degree and type of pressure someone used to get consent from another.
- "Incapacitation" - means the inability to understand the fact, nature, or extent of the sexual situation. Incapacitation may result from mental or physical disability, sleep, unconsciousness, involuntary physical restraint, or from the influence of drugs or alcohol. With respect to incapacitation due to the influence of drugs or alcohol, incapacitation requires more than being under the influence of drugs or alcohol: a person is not incapacitated just because they have been drinking or using drugs. Where drugs and/or alcohol are involved, incapicitation is determined based on the facts and circumstances of the particular situation looking at whether the individual was able to communicate decisions regarding consent, non-consent, or the withdrawal of consent, and whether such condition was known or reasonably known to the respondent or a reasonable person in the respondent's position. Use of drugs or alcohol by the respondent is not a defense against allegations of sexual misconduct and does not diminish personal responsibility. It is the responsibility of the person initiating the specific sexual activity to obtain consent for that activity.
- “Sexual Harassment” – any unwelcome verbal or physical conduct of a sexual nature that is sufficiently severe, persistent or pervasive such that it unreasonably interferes with, limits or deprives someone of the ability to participate in or benefit from the University’s educational programs or employment opportunities.
- “Sexual Assault” – any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault includes, but is not limited to, sexual intercourse without consent, intentional and unwelcome touching of a person’s intimate parts (defined as genital area, groin, inner thigh, buttocks, or breast), or coercing, forcing, or attempting to coerce or force someone to touch another person’s intimate parts.
- Fondling – the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest – sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Rape – the 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 victim.
- Statutory Rape – sexual intercourse with a person who is under the statutory age of consent.
- “Sex Discrimination” – behaviors and/or actions that deny or limit a person’s ability to benefit from, and/or fully participate in the educational programs or activities or employment opportunities abased on an individual’s sex. Examples of sex discrimination under Title IX include, but are not limited to, sexual harassment, failure to provide equal opportunity in education programs and co-curricular programs including athletics, discrimination based on pregnancy and employment.
- “Sexual Exploitation” – abusing (or attempting to abuse) a position of vulnerability or trust for sexual purposes. Examples include, but are not limited to, non-consensual recording (video, audio, or otherwise) and/or distribution of sexual activity or of another person’s intimate body parts, or engaging in or facilitating voyeurism.
Stalking – 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.
- 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.
- Credible threat means a verbal, non-verbal or written threat, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, non-verbal, written, or electronically communicated statements and behavior, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family.
- Reasonable person means a person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.
Student – all persons enrolled in undergraduate, graduate, IELP or professional courses at the university whether full or part-time. For the purposes of university policy, a student is one who is enrolled in a degree or non-degree program at the university or is representing the university between regular academic semesters (including summer and Christmas break). A student is considered to be enrolled at the university unless he/she has completed an official university withdrawal/hiatus process or has graduated from the university.
Threat to the Health and/or Safety of Others – threat to the health and/or safety of others means, for example, any act, planned act or threatened act that places another student, member of the faculty or staff or any campus visitor at an unreasonable risk of bodily harm, exposure to illness, loss of life or destruction of property. A threatened act includes overt threats, as well as threats or reasonably perceived by the actions, interactions and/or conduct of a student.
Title IX Coordinator - Fresno Pacific University’s Title IX Coordinators are the formally trained designated agents of the University with primary responsibility for coordinating University Title IX compliance efforts. The Title IX Coordinators’ responsibilities are critical to the development, implementation, and monitoring of meaningful efforts to comply with Title IX legislation, regulation, and case law. In broad terms, the Title IX Coordinators oversee monitoring of University policy in relation to Title IX law developments; implementation of grievance procedures, including notification, investigation and disposition of complaints; provision of educational materials and training for the campus community; conducting and/or coordinating investigations of complaints received pursuant to Title IX; ensuring a fair and neutral process for all parties; and monitoring all other aspects of the University’s Title IX compliance.
A Title IX Coordinator may delegate certain of his or her responsibilities under this policy to other University officials if the Title IX Coordinator determines that it is reasonable and consistent with the purposes of this policy. A Title IX Coordinator has the authority to interpret any ambiguity in this policy. If a Title IX Coordinator determines that a person who has responsibility under this policy has a conflict of interest in a particular matter, then the Title IX Coordinator has the authority to replace such person with another University official for such a matter.
Title IX Investigator - Fresno Pacific University’s Title IX Investigators are the formally trained designated agents of the University with the primary responsibilities to investigate and/or coordinate investigations of complaints received pursuant to Title IX.
Unreasonable Disruption to the Educational Environment – unreasonable disruption to the educational environment means, for example, any disruptive act that unreasonably impedes another student’s functioning with in an academic or community life setting or unreasonably impedes the ability of faculty, administration or staff to fulfill their duties and obligations. A violation may include a single disruptive act or ongoing acts and may involve complaints from students or employees. In determining violations, an assessment will be made of the nature and extent of the disruption and the content and frequency of the complaints(s).