The individual selected by each Complainant and Respondent to provide support and guidance throughout the Equity Resolution Process. Each party is allowed one Advisor.
Amnesty for Minor Student Conduct Violations
In order to foster reporting and participation, the University may provide amnesty to Complainants, Respondents, and witnesses for minor student conduct violations ancillary to the incident.
The person alleged to have been subjected to discrimination, harassment, and/or sexual misconduct in violation of the University’s Anti-Discrimination Policies. The University may serve as the Complainant when the person alleged to have been subjected to discrimination, harassment, and/or sexual misconduct chooses not to act as the Complainant in the Equity Resolution Process or requests that the Complaint not be pursued.
Resolution using alternative dispute resolution mechanisms such as mediation, facilitated dialogue, or restorative justice.
Consent to Sexual Activity
Consent to sexual activity is knowing and voluntary.
- Consent to sexual activity requires of all involved persons a conscious and voluntary agreement to engage in sexual activity.
- Each person engaged in the sexual activity must have met the legal age of consent.
- It is the responsibility of each person to ensure they have the consent of all others engaged in the sexual activity.
- Consent must be obtained at the time of the specific activity and can be withdrawn at any time.
- Consent, lack of consent or withdrawal of consent may be communicated by words or non-verbal acts.
- Someone who is incapacitated cannot consent.
- Silence or absence of resistance does not establish consent.
- The existence of a dating relationship or past sexual relations between the Parties involved should never by itself be assumed to be an indicator of consent.
- Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
- Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.
- Coercion and force, or threat of either, invalidates consent.
Dating/Intimate Partner Violence
Violence, threats of violence, intimidation, and acts of coercion committed by a person who is or has been in a social relationship of a romantic or intimate nature with the recipient of the violent behavior.
Conduct that is based upon an individual’s race, color, national origin, ancestry, religion, sexual orientation, age, disability, protected veteran status, or any other status protected by applicable state or federal law that adversely affects a term or condition of employment, education, living environment or participation in a University activity or creates a hostile environment by being sufficiently severe or pervasive and objectively offensive that it interferes with, limits, or denies the ability to participate in or benefit from the University’s educational programs, activities, or employment.
Equity Resolution Appellate Officer
A trained, senior-level administrator appointed by the Chancellor (or Designee) to hear all appeals stemming from the Equity Resolution Process.
Equity Resolution Hearing Panel
A group of three (3) trained Equity Resolution Hearing Panelist Pool members who serve as the Hearing Panel for a specific Complaint. Whenever possible, the panel will include at least one faculty member and one administrator or staff member.
Equity Resolution Hearing Panelists
A group of at least ten (10) faculty and ten (10) administrators and/or staff selected by the Chancellor (or Designee) to serve as hearing panel members in the Hearing Panel Resolution. The faculty hearing panel members selected by the chancellor (or Designee) shall be selected from a list of no less than twenty (20) faculty members proposed by the faculty council/senate.
Equity Resolution Process
The step-by-step process outlined in the Collected Rules and Regulations by which complaints of the University’s Anti-Discrimination Policies against Respondents (students, student organizations, staff, faculty, and the University) are resolved.
A state in which rational decision-making or the ability to consent is rendered impossible because of a person’s temporary or permanent physical or mental impairment, including but not limited to physical or mental impairment resulting from drugs or alcohol, disability, sleep, unconsciousness or illness.
Consent does not exist when the Respondent knew or should have known of the other individual’s incapacitation.
Incapacitation is determined based on the totality of the circumstances.
Incapacitation is more than intoxication but intoxication can cause incapacitation.
Factors to consider in determining incapacity include, but are not limited to, the following:
- Lack of awareness of circumstances or surroundings (e.g., an inability to understand, either temporarily or permanently, the who, what, where, how and/or why of the circumstances; blackout state)
- Inability to physically or verbally communicate coherently, particularly with regard to consent (e.g., slurred or incoherent speech)
- Lack of full control over physical movements (e.g., difficulty walking or standing without stumbling or assistance)
- Physical symptoms (e.g., vomiting or incontinence).
Retaliation is any adverse action taken against a person because of that person’s participation in protected activity. The University strictly prohibits retaliation against any person for making any good faith report of discrimination, harassment, or sexual misconduct or for filing, testifying, assisting, or participating in any investigation or proceeding involving allegations of discrimination, harassment, or sexual misconduct.
Any person who engages in such retaliation shall be subject to disciplinary action, up to and including expulsion or termination, in accordance with applicable procedures. Any person who believes they have been subjected to retaliation is encouraged to promptly notify the Equity Officer or Title IX Coordinator. The University will promptly investigate all complaints of retaliation.
The person, persons, student organization, or University unit/department alleged to have violated the University’s Anti-Discrimination Policies.
Occurs when a person has been treated inequitably based on sex, gender identity, or gender expression. Specifically, the UM System prohibits the following forms of sex discrimination: sexual harassment, sexual misconduct, sexual exploitation, stalking on the basis of sex and dating/intimate partner violence.
exual exploitation occurs when one person takes nonconsensual or abusive sexual advantage of another person for one’s own advantage or benefit or for the advantage or benefit of anyone other than the person being exploited and which behavior does not constitute any other form of sexual misconduct. Examples of sexual exploitation include, but are not limited to, the following activities done without the consent of all participants:
- Invasion of sexual privacy;
- Prostituting another person;
- Taping or recording of sexual activity;
- Going beyond the boundaries of consent to sexual activity; for example, letting your friends hide to watch you engaging in sexual activity;
- Engaging in voyeurism;
- Knowingly transmitting an STI, STD, venereal disease, or HIV to another person;
- Inducing another to expose their genitals;
- Nonconsensual distribution of intimate images;
- Use or distribution of drugs or alcohol with intent to facilitate sexual contact without consent (i.e., predatory drugs or alcohol).
Sexual harassment is defined as:
- Unwelcome sexual advances or requests for sexual activity by a person or persons in a position of power or authority to another person, or
- Other unwelcome verbal or physical conduct of a sexual nature by a person to another person, when:
- Submission to or rejection of such conduct is used explicitly or implicitly as a condition for academic or employment decisions; or
- Such conduct creates a hostile environment by being sufficiently severe or pervasive and objectively offensive that it interferes with, limits or denies the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities.
Sexual misconduct is:
- Nonconsensual sexual intercourse;
- Nonconsensual sexual contact involving the sexual touching of the genitals, breast or anus of another person or the nonconsensual sexual touching of another with one’s own genitals whether directly or through the clothing;
- Exposing one’s genitals to another under circumstances in which the individual should reasonably know that their conduct is likely to cause affront or alarm; or
- Sexual exploitation.
Stalking on the Basis of Sex
Stalking on the basis of sex is following or engaging in a course of conduct on the basis of sex with no legitimate purpose that puts another person reasonably in fear for their safety or would cause a reasonable person under the circumstances to be frightened, intimidated, or emotionally distressed.
A person having once been admitted to the University who has not completed a course of study and who intends to or does continue a course of study in or through one of the campuses of the University. For the purpose of these rules, student status continues whether or not the University’s academic programs are in session.