Understanding the terms below is important to understanding how the university prevents and responds to discrimination and harassment. For definitions of all terms, please see the Civil Rights Equity Grievance Policy definitions section.
A federal Jeanne Clery Act-specific term that encompasses 4 groups of individuals associated with the University: campus police, individuals responsible for campus security, individuals to whom students and employees should report criminal offenses and officials who have significant responsibility for student and campus activities. A CSA must report the date, location, and type of crime to University Police. A CSA does not have to report any identifying information about the victim/survivor.
Consent is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. For consent to be valid there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.
- A person cannot consent if they are:
- In an impaired condition of thought and action and with the loss of normal control of a person's faculties; or
- Asleep or unconscious; or
- For any reason incapacitated due to alcohol or other drugs.
- An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy.
- It is not an excuse that the individual accused of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other. Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint and/or from the taking of incapacitating drugs.
- Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. Silence or the absence of resistance alone is not consent. A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately.
In the State of Indiana, a minor (meaning a person under the age of 16 years) cannot consent to sexual activity. This means that sexual contact by an adult with a person younger than 16 years old is a crime, as well as a violation of this policy, even if the minor wanted to engage in the act.
Discrimination is any act that substantially interferes with a person’s work or education when such act is based on race, color, sex, marital status, religion, creed, national origin, disability, age, military or veteran status, sexual orientation, gender identity and expression, or any other protected characteristic.
The federal Jeanne Clery Act defines a Timely Warning as a communication alert of crime to the campus community “…that is timely and will aid in the prevention of similar crimes. Although Clery doesn’t define timely, because the intent of a warning regarding a criminal incident(s) is to enable people to protect themselves this means that a warning should be issued as soon as the pertinent information is available.”
A person's internal sense of gender. A person's gender identity may be male, female, a blend of both or neither. One's gender identity can be the same or different from their sex assigned at birth.
Unwelcome verbal, written or physical conduct that is sufficiently severe, persistent or pervasive that is or has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the University’s educational, social and/or residential program or based on a protected class.
Any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
Any sexual penetration or intercourse (anal, oral or vaginal), however slight, with any object, by a person upon another person, that is without consent and/or by force. Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth to genital contact or genital to mouth contact.
A characteristic of a person, which cannot be targeted for discrimination. The following are protected classes: Race, Color, Religion, National Origin, Age (40 and over), Sex, Pregnancy, Citizenship, Familial Status, Disability Status, Veteran Status, Genetic, Gender Identity and Expression, and Sexual Orientation.
According to federal guidance, a responsible employee includes any employee who has the authority to take action to redress sexual violence, who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX coordinator, or whom a student could reasonably believe has this authority or duty.
Any adverse action taken against a person participating in a protected activity because of their participation in that protected activity.
A person's sex designation recorded on an infant's birth certificate should such a record be provided at birth.
A situation in which a person takes non-consensual or abusive sexual advantage of another.
Examples of sexual exploitation include, but are not limited to:
- Sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed)
- Taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent)
- Sexual exploitation also includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of the infection, and further includes administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent.
Unwelcome, sexual or gender-based verbal, written or physical conduct that is, sufficiently severe, persistent or pervasive that it, has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the University’s educational, social and/or residential program, and is based on power differentials (quid pro quo), the creation of a hostile environment or retaliation.
Indiana Code defines various violent and/or non-consensual sexual acts as crimes that include: Rape I.C. 35-42-4-1, Criminal Deviate Conduct I.C. 35-42-4-2, Child Molesting I.C. 35-42-4-3, Child Exploitation I.C. 35-42-4-4, Vicarious Sexual Gratification I.C. 35-42-4-5, Child Solicitation I.C. 35-42-4-6, Child Seduction I.C. 35-42-4-7, Sexual Battery I.C. 35-42-4-8, and Sexual Misconduct with a Minor I.C. 35-42-4-9. The University defines sexual misconduct as sexual harassment, non-consensual sexual intercourse, non-consensual sexual contact, and sexual exploitation. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation and/or gender identity of those involved.
An inherent sexual attraction a person feels for others.
Indiana Code I.C. 35-45-10-1 defines stalking as “…knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened. The term does not include statutorily or constitutionally protected activity.”
The University employee that has a responsibility to coordinate all efforts to comply with the University’s obligations under Title IX and the Title IX regulations. These responsibilities include coordinating any investigations of complaints received pursuant to Title IX.