As used in HCN’s Title IX Compliance Policy, Title IX Sexual Harassment Grievance Procedures, and Title IX Generally Applicable Grievance Procedures, the phrases and words listed shall have the meanings set forth below:
Actual Knowledge - Notice of sexual harassment or allegations of sexual harassment provided to HCN’s Title IX Coordinator or any official of HCN who has authority to institute corrective measures on behalf of HCN. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only HCN official with actual knowledge is the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of HCN. “Notice” as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator as described in Section 4 of this Policy.
Complainant - An individual who is alleged to be the victim of conduct that could constitute sexual harassment. For purposes of HCN’s Title IX Compliance Policy, this term also applies to alleged victims of conduct that may not constitute sexual harassment.
Consent - Verbal statements or non-verbal actions which a reasonable person would understand to mean a voluntary agreement to engage in sexual activity. Someone who is incapacitated cannot consent. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person. Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent.
Dating violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship. “Dating violence” includes, but is not limited to, sexual or physical abuse or the threat of such abuse, but does not include acts covered under the definition of domestic violence.
Deliberately indifferent - A response to sexual harassment that is clearly unreasonable in light of the known circumstances.
Domestic violence - A felony or misdemeanor crime of violence committed by: (a) a current or former spouse or intimate partner of the victim, (b) a person with whom the victim shares a child in common, (c) a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner, (d) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or (e) 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.
Education Program or Activity - Includes locations, events, or circumstances over which the institution exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by institution.
Formal complaint - A document signed and filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the School investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the School with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information listed in Section 4 of this Policy.
Incapacitation - Any situation in which a person is incapable of giving consent due to the person’s age, state of consciousness, use of drugs or alcohol, or an intellectual or other disability.
Intimidation - The intentional act of coercing or frightening someone to engage or not engage in conduct of a sexual nature against that person’s will.
Respondent - An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. For purposes of HCN’s Title IX Compliance Policy, this term also applies to alleged perpetrators of conduct that may not constitute sexual harassment.
Responsible employee – Includes the Title IX Coordinator and other HCN employees (i) with the authority to institute corrective measures on behalf of HCN, , (ii) who have been given the duty of reporting Title IX Offenses by or against students to the Title IX Coordinator or to another appropriate HCN designee, or (iii) whom a student could reasonably believe has this authority or duty.
Retaliation – Intimidation, threat, coercion, or discrimination against any person for the purpose of interfering with their rights and privileges under Title IX and HCN’s Title IX Compliance Policy, or because the individual has made a report or complaint or otherwise participated (or refused to participate) in the grievance processes described in this Policy. Retaliation is prohibited by Title IX and this Policy.
Sexual assault - An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting program.
Sexual harassment - Conduct on the basis of sex that satisfies one or more of the following:
- An employee of the School conditioning the provision of an aid, benefit, or service of the School on an individual’s participation in unwelcome sexual conduct;
- 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 School’s education program or activity; or
- “Sexual assault”, “dating violence”, “domestic violence,” or “stalking” as defined herein.
Stalking - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s safety or the safety of others, or (b) suffer substantial emotional distress. As used in this definition, “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; “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and “reasonable person” means a person under similar circumstances and with similar identities to the victim.
Standard of evidence - Preponderance of the evidence standard will be used for Title IX proceedings. The burden of proof is met when it is more likely than not that the alleged misconduct occurred.
Supportive measures (i.e., interim measures) - Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to HCN’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or HCN’s educational environment, or deter sexual harassment. Supportive measures may include 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. HCN must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of HCN to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
Title IX Coordinator - The person or persons designated as such by HCN to coordinate the institution’s Title IX compliance efforts, or the person or persons temporarily designated by the Title IX Coordinator to serve in that capacity during the Title IX Coordinator’s incapacity or absence from HCN.
Unwelcome conduct - Conduct is unwelcome if an individual did not request or invite it and regarded the conduct as undesirable or offensive. Acquiescence in the conduct or the failure to complain does not always mean that the conduct was welcome.