What is sexual misconduct?
Any form of sexual activity which consent is not given and violates personal space of another person. No person should be forced or coerced to perform a sexual activity.
What is sexual harassment?
Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when submission to the conduct is either an explicit or implicit term or condition of employment, a grade, or submission to or rejection of, the conduct is used as a basis for employment or grading decisions; or the conduct or statement has the purpose or effect of unreasonably interfering with work or class performance, or of creating an intimidating, hostile, and/or offensive work, classroom or campus environment. Please see the policy 01:115 – Sexual Harassment for the remainder of this definition.
What is sexual assault?
Any form of rape. A nonconsensual sexual penetration by physical force, threat of harm, or when the person is incapacitated due to drug or alcohol intoxication or mental incapacity.
What is stalking?
Repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community.
What is non-consensual sexual contact?
Any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force. Sexual contact includes intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though it may not involve contact with the previously mentioned body parts.
What is dating/intimate partner violence?
Any act of violence or threatened act of violence against a person with whom the individual is or has been involved in a romantic or intimate relationship. This includes threats, assault, property damage, and violence or threat of violence to one’s self or to the family members or pets of the romantic or intimate partner when used as a method of coercion, control, punishment, intimidation, or revenge. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
What is sexual exploitation?
When a person takes non-consensual or abusive sexual advantage of another for their own benefit or advantage, or to benefit or advantage anyone other than the one being exploited, and behavior that does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but not limited to: invasion of sexual privacy, non-consensual video or audio-taping of sexual activity, going beyond the boundaries of consent, engaging in voyeurism, knowingly transmitting an STI or HIV to another person, prostituting another person, exposing one’s genitals in non-consensual circumstances, and sexually-based stalking and/or bullying, etc.
Who is the respondent (responding party)?
The person or organization who allegedly violated university policy.
Who is a Confidential Employee?
Only the staff of Counseling Services are confidential employees.
Who is a Mandated Reporter?
A mandated reporter is any faculty and staff member of the university who is made aware of any incidents of sexual misconduct. Residence Hall Directors and Resident Assistants are the only students who are classified as mandated reporters.
What is the Burden of Proof for Title IX investigations?
The burden of proof used during Title IX investigations is the preponderance of the evidence. Is it “more likely than not” or a 50.01 percent chance the sexual misconduct occurred.
Who is the complainant (reporting party)?
The person who experienced the sexual misconduct; this person is the survivor of the harm caused by alleged policy violations by the respondent.
What is a support person?
A person who accompanies the respondent or complainant during the Title IX investigation. This person is not supposed to participate in the investigation, but only provide support for the party. This person cannot be an attorney. If a student’s support person is an attorney, they cannot act as an attorney during the meeting time of the investigation
What are interim or supportive measures?
Interim or supportive measures are steps made by the university to ensure the health, safety, and attempt of normalcy for students involved in a sexual misconduct incident. These measures are provided as reasonably available and can stay in place until after the investigation is over. Some of these measures included but not limited to are no contact orders, housing reassignment, class reassignment, police escorts, and campus restrictions.
What is a No Contact Order?
A documented directive from a University official instructing a specific student to no make any contact with another student(s). No contact include, but not limited to, via telephone, text messaging, letters, recordings, electronic/social media such as Facebook, Twitter, Instagram, etc.) If a student violates the No Contact Order, they may be charged with failure to comply, which is a violation of the UM Student Code of Conduct.
What is an Informal Resolution?
Under appropriate circumstances, informal resolution may be the most effective way to resolve concerns. Informal resolutions (or any resolution) will not include requiring the parties to “work-out” the problem directly with each other. Informal resolutions may include an inquiry into the facts, but typically does not include a formal investigation. All parties involved, must agree to move forward with an Informal Resolution.