2021-22 Student Handbook of resistance, or silence, do not alone constitute consent. Affirmative consent must be ongoing and can be revoked at any time during sexual activity. The existence of a dating relationship or past sexual relations between the persons involved should never by itself be assumed to be an indicator of consent (nor will subsequent sexual relations or dating relationships alone suffice as evidence of consent to prior conduct). The Respondent’s belief that the Complainant consented shall not provide a valid excuse where:
a person for making a good faith report of Prohibited Conduct, assisting someone making such a report, or participating in any proceeding under this policy. Retaliation includes threats, intimidation, harassment, discrimination, coercion or any other conduct that would discourage a reasonable person from engaging in activity protected under this policy. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance process does not constitute retaliation, but a determination regarding responsibility, alone, is not sufficient to conclude that an individual made a materially false statement in bad faith (§106.71(b)(2)).
i. The Respondent’s belief arose from the Respondent’s own intoxication or recklessness; ii. The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the Complainant affirmatively consented; or
11. Complicity: Assisting, facilitating, or encouraging the commission of a violation of the Sexual Misconduct Policy.
iii. The Respondent knew, or a reasonable person should have known, that the Complainant was unable to consent because the Complainant was incapacitated, in that the Complainant was:
12. Decision Maker(s): The individual or individuals who are responsible for the live hearing during the formal Title IX grievance process found in this policy to determine if the Respondent is responsible or not responsible for a policy violation. The decision-maker(s) are trained annually and serve impartially without prejudging the facts at issue. The decisionmaker(s) cannot be the Title IX Coordinator or investigator. The decision-maker(s) may be a University official(s), an external decisionmaker(s), or a combination of University official(s) and external decision-maker(s).
a) Asleep or unconscious; b) Due to the influence of drugs, alcohol, or medication, unable to understand the facts, nature, or extent of the sexual activity; or c) Unable to communicate due to a mental or physical condition. 9. Coercion: Coercion is intimidation or conduct that would compel an individual to do something against their will by (1) the use of physical force or confinement or, (2) expressed or implied threats of physical, emotional, property, or reputational harm, or (3) pressure that would cause a reasonable person to fear such harm. Coercion is more than an effort to persuade or attract another person to engage in sexual activity. Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/ or extent of the pressure used to obtain consent. In assessing whether coercion was used, the frequency, duration, and intensity of the pressure applied will be taken into consideration. 10. Retaliation: Any adverse action taken against
13. Exculpatory Evidence: Evidence that clears (exonerates), or tends to clear, a person of guilt or blame. 14. Inculpatory Evidence: Evidence that shows, or tends to show, a person’s involvement in an act, or evidence that can establish guilt.
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15. Effectively Deny Equal Access: To determine whether a person has been effectively denied equal access to the University’s education program or activity, an evaluation must take place to determine whether a reasonable person in the Complainant’s position would be effectively denied equal access to education compared to a similarly situated person who is not suffering the alleged sexual harassment. Some examples may include (but are not limited to): skipping class to
