The definitions below can be found throughout the Sexual Misconduct & Relationship Policies and Procedures and have been defined to help create more understanding of these terms.
- “Actual Knowledge” means notice of sexual harassment or allegations of sexual harassment to the University’s Title IX Coordinator or any official of the University who has authority to institute corrective measures on behalf of the recipient. Constructive notice is insufficient to constitute actual knowledge.
- “Process Navigator” means a person of a party’s choosing who can accompany them to any hearings, investigative interviews, or other meetings related to this procedure. If a party does not have a process navigator during a hearing, the process navigator may be of the institution’s choosing. In some instances, pursuant to this policy, a process navigator may be an attorney.
- “Alcohol or Substance Induced Incapacitation” means that a person is rendered incapable of appraising or controlling one’s own or the other’s conduct at the time of the alleged offense due to the use of alcohol or other substances. Whether the individual chose to use the alcohol or substance, was coerced into using the alcohol or substance, or was tricked into or unknowingly used the alcohol or drugs is irrelevant to a determination of capacity.
- “Consent” / “Explicit consent” For the purposes of this policy, all consent must meet explicit consent. Explicit consent means:
A. Informed, freely and actively given consent. It is active, not passive. It cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion.
B. It requires clear communication between all persons involved in the sexual encounter. It can be communicated verbally or nonverbally, but in whatever way it is communicated, it must be mutually understood. Silence, in and of itself, cannot be interpreted as explicit consent.
C. Explicit Consent means that it is the responsibility of the initiator of sexual contact to make sure they understand fully what the person with whom they are involved wants and does not want sexually. This includes knowledge of somebody’s mental or physical state and corresponding ability to consent. An incapacitated individual is incapable of providing explicit consent.
D. Explicit Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Previous relationships or previous instances of consent do not imply consent to future sexual acts.
- “Constructive Notice” means notice of sexual harassment that the University should have reasonably known through exercise of reasonable care.
- “Disclosure” means sharing information related to an alleged incident of Title IX Sexual Harassment, Sexual Harassment, Sexual Exploitation, Sexual Assault, Sexual Misconduct, Domestic Violence, Dating Violence, or Stalking to any staff, faculty, student, volunteer or other person association with the University without the intent to trigger a University response.
- “Educational Program and Activity” includes
A. locations, events, or circumstances over which Linfield University exercised substantial control over both the responding party and the context in which the sexual harassment occurs.
B. any building owned or controlled by a student organization that is officially recognized by Linfield University.
- “Forceable Sex Offense” means any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent. (forcible rape; forcible sodomy, sexual assault with an object; and forcible fondling).
- “Formal Report” means a document filed by a reporting party or signed by the Title IX Coordinator alleging sexual harassment against a responding party and requesting that Linfield University investigate the allegation of Title IX Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking under the Title IX Sexual Misconduct and Dating Violence Procedure.
- “Incapacitation” / “Incapacitated” means a state where a reporting party cannot make a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why or how of their sexual interaction. Incapacity may:
A. be alcohol or substance induced incapacitation, or
B. be the result of a mental disorder or physical helplessness.
- “Mental Disorder” means that a person suffers from a mental disease or disorder that leaves the individual rendering them incapable of appraising the nature of a situation or communicate unwillingness to engage in an act.
- “Physical Helplessness” means that a person is unconscious, or for some other reason physically unable to communicate unwillingness to engage in an act.
- “Nonforceable Sex Offense” means unlawful, non-forcible sexual intercourse. (incest, statutory rape)
- “Report” means a report of an alleged incident of Title IX Sexual Harassment, Sexual Harassment, Sexual Exploitation, Sexual Assault, Sexual Misconduct, Domestic Violence, Dating Violence, or Stalking to the Title IX Coordinator or an official of the University with authority to institute corrective measures on behalf of the University with the intent to trigger the Linfield University Extended Sexual Misconduct and Dating Violence procedure.
- “Responding party” means an individual who is alleged to be the actor of conduct that could constitute Title IX Sexual Harassment, Sexual Harassment, Sexual Exploitation, Sexual Assault, Sexual Misconduct, Domestic Violence, Dating Violence, or Stalking.
- “Reporting party” means an individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment, Sexual Harassment, Sexual Exploitation, Sexual Assault, Sexual Misconduct, Domestic Violence, Dating Violence, or Stalking.
- “Reporter” means an individual who discloses conduct that could constitute Title IX Sexual Harassment, Sexual Harassment, Sexual Exploitation, Sexual Assault, Sexual Misconduct, Domestic Violence, Dating Violence, or Stalking but is not alleged to be the victim of the conduct.
- “Supportive Measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the reporting party or the responding party before or after the filing of a formal report or where no formal report has been filed. Such measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter sexual harassment.
- “Unwelcome sexual advances” / “Unwelcome sexual conduct” / “Unwelcome sexual contact” means any sexual conduct, advance or contact without explicit consent.