Sexual Harassment Definitions - Montreat College

Sexual Harassment Definitions

Actual knowledge is notice of sexual harassment or allegations of sexual harassment to the Title IX Coordinator or an official who has authority to institute corrective measures on behalf of the college.

  • Actual knowledge includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator, Responsible Employee or Confidential Reporters.
  • Responsible Employee is a College employee who is obligated to report incidents of alleged sexual harassment or sexual misconduct to the Title IX Coordinator. Responsible Employees include all faculty, Residence Life staff, Student Life Services staff, Campus Safety, Academic Affairs staff, Athletics staff, supervisors of student employees, the Title IX Coordinator, the Title IX Team, the President, and members of Cabinet.
  • Confidential Resource keeps the matter confidential. Confidential Resources include college nurse, college Dean of Spiritual Formation and college counselor.
  • Vicarious liability and constructive notice are insufficient
  • Standard not met if the only official with actual knowledge is the respondent

The following does not qualify an individual as having the authority to institute corrective measures:

  • Mere ability or obligation to report sexual harassment
  • Ability or obligation to inform a student about how to report
  • Being trained in how to report

Advisor is an individual chosen by the complainant or respondent to be present during any grievance proceedings and may accompany the party to any related meeting or proceeding. The role of the advisor in the Title IX grievance process is further explained in this policy. An advisor may or may not be an attorney. The college will provide a list of trained advisors that complainants and respondents may choose to utilize if needed.

Complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment or sexual misconduct.

Complicity is any act that knowingly aids, facilitates, promotes, or encourages the commission of prohibited conduct by another person.

Consent is voluntary, intentional, freely given agreement to engage in particular sexual activity. Consent is active, not passive, and can be revoked at any time.  Absence of “No” is not the equivalent of “Yes.” Consent cannot be gained by force, threats, intimidation, coercion, or by taking advantage of another’s mental or physically incapacitation (including a person’s incapacitation by intoxication). Consent cannot be given by one who is not of legal age. Consent may not be inferred or implied from silence, from lack of active resistance, or from prior consent to sexual acts. Consent may be withdrawn at any time.

Dating Violence is threats or actual sexual or physical abuse in a dating relationship.

Decision maker is the administrator who makes the final decision regarding responsibility and disciplinary action consistent with this policy. The Dean of Students adjudicates cases in which the Respondent is a student .The Vice President for Finance & Administration/CFO adjudicates cases in which the Respondent is an employee.

Deliberately indifferent is a response to sexual harassment that is clearly unreasonable in light of the known circumstances.

Domestic Violence is a crime of violence committed by former spouse, cohabiting partner, or someone with whom you share a child.

Education program or activity describes locations, events, or circumstances over which the college exercises substantial control over both the respondent and the context in which the sexual harassment occurs. This includes all incidents of sexual harassment occurring on the college campus. This also includes off-campus conduct if the conduct occurs as part of the college’s operations. or at an off campus building owned or controlled by a student organization officially recognized by the college.

Exculpatory evidence is the evidence favorable to the respondent, , which clears or tends to clear the respondent of responsibility for the allegations.

Formal complaint is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the college 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 college. A document filed by a complainant means a document or electronic submission (such as by e-mail or through an online portal provided for this purpose by the college) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.

Investigator is a College employee appointed by the President who is trained to investigate formal and informal complaints of sexual harassment or sexual misconduct.

Incapacitation is the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless, either voluntarily or involuntarily, or the individual is unconscious, asleep, or otherwise unaware that the sexual activity is occurring. In addition, an individual is incapacitated whenever the individual demonstrates that the individual is unaware of his or her location, present circumstances, or why or how he or she became engaged in a sexual interaction. When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence or impaired by use of the drug. Alcohol and other drugs impact each individual differently and determining whether an individual is incapacitated requires an individualized determination.

Inculpatory evidence is evidence that shows, or tends to show, a person’s involvement in an alleged act, or evidence that can establish responsibility of a policy violation.

Preponderance of Evidence is the standard by which the hearing panel will determine whether there is sufficient evidence to support a finding that a policy violation occurred. This means that in order to recommend a finding of responsibility for alleged sexual harassment or sexual misconduct, the hearing panel, after considering all of the evidence, must find that the greater weight of evidence indicates that it is more likely than not that the alleged violation occurred.

Respondent an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Responsible Employee is a College employee who is obligated to report incidents of alleged sexual harassment or sexual misconduct to the Title IX Coordinator. Responsible Employees include all faculty, Residence Life staff, Student Life Services staff, Campus Safety, Academic Affairs staff, Athletics staff, supervisors of student employees, the Title IX Coordinator, the Title IX Team, the President, and members of Cabinet. A Responsible Employee who receives a report must report all relevant details about the alleged misconduct to the Title IX Coordinator, including the date, time, and location of the alleged misconduct, and the names of the person who provided the report, the individual who experienced the alleged misconduct, the individual(s) accused of committing the alleged misconduct, any other individuals involved in the alleged misconduct. “Responsible Employee” does not include any employee at the college who is a confidential resource.

Supportive Measures are individualized services offered to the complainant or the respondent as appropriate, reasonably available, and without fee or charge that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment.

The Title IX Team is a group of  trained staff and faculty members appointed by the President, who serve a three-year term. Members will serve as the hearing panel , on a rotating basis, at each hearing. Two team members of each gender will be designated Investigators to investigate complaints on a rotating basis and the Decision-Maker makes the final decision regarding responsibility and disciplinary action consistent with the policy.