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Title IX Definitions

Advisor and Appointed Advisor

A person who advises a Party throughout the process and may act as a representative at the Hearing stage, including making an opening or closing statement, asking questions, and otherwise actively participating. An Advisor may, but need not be, an attorney. The Advisor is expected to abide by the Hearing requirements, including civility. An Advisor who is disruptive may be excluded from an interview, Hearing, or other proceedings. During the formal investigation or Informal Resolution process, an Advisor may only advise the student and may not actively participate in the process. If either Party chooses to have an Advisor, the Advisor will also act as their support person. If either Party does not have an Advisor during the grievance hearing, the College will provide that Party with an Appointed Advisor, at no cost to the Party. An Appointed Advisor is subject to the same rules and expectations of an Advisor, but an Appointed Advisor will only ask questions on behalf of their Party, they will not act as a representative. During the Hearing both Parties may bring one support person, in addition to their advisor.

Complainant, victim, or alleged victim

An individual who is alleged to be the victim of conduct that could constitute sexual harassment. 3.4 Consent: Sexual activity requires consent, which is defined as positive, unambiguous, and voluntary agreement to engage in specific sexual activity throughout a sexual encounter. Consent cannot be inferred from the absence of resistance or the absence of a "no"; a clear "yes," verbal or otherwise, is necessary. Consent to some sexual acts does not constitute consent to others, nor does past consent to a given act constitute present or future consent. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person. Consent cannot be obtained by threat, coercion, or force. An agreement under such circumstances does not constitute consent. Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition. A person is mentally or physically incapacitated when that person lacks the ability to make or act on considered decisions to engage in sexual activity. Engaging in sexual activity with a person whom you know – or reasonably should know – to be incapacitated constitutes sexual misconduct.

Dating Partner

A person who is or has been in a social relationship of a romantic or intimate nature with another person, usually the Respondent, and where the existence of such a relationship shall be determined based on a consideration of (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

Dating Violence

As defined in 34 U.S.C. 12291(a)(10): violence committed by a person: (a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (b) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) the type of relationship and (iii) the frequency of interaction between the persons involved in the relationship.


For purposes of this Policy, adverse action towards College employees or students in the terms or conditions of employment; the College admission or education; access to College programs, services, or activities; or other College benefits or services, based on their inclusion or perceived inclusion (in the case of sexual orientation, gender identity, or gender expression) in the protected classes of sex, pregnancy, pregnancy-related conditions, sexual orientation, gender identity, or gender expression that has the effect of denying or limiting participation in a College program or activity.

Domestic Violence

As defined in 34 U.S.C. 12291(a)(8): includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

Domestic violence can be physical, sexual, emotional, or psychological actions or threats that influence another person, including any behaviors that intimidate, manipulate, humiliate, isolate, frighten, coerce, or injure someone.

Emergency measures

Actions taken to temporarily and immediately address a complaint of a Title IX violation. Emergency measures may include temporary no-contact order(s), changes in academic schedule(s), housing reassignment(s), counseling, or other relevant actions. In extraordinary cases, a Respondent may be temporarily removed from campus prior to the outcome of the grievance process, provided that the College undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment that justifies removal, and provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal. In such circumstances, the process shall follow the suspension as expeditiously as possible.

Formal Complaint

A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting 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 with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information required to be listed for the Title IX Coordinator, or by any additional method designated by the College. As used in this paragraph, the phrase "document filed by a Complainant" means a document or electronic submission (such as by electronic 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.


A meeting where a Complaint of a violation is heard. The Hearing will be live, in real-time, either in person or via technology, enabling the Hearing Panel and the parties to simultaneously communicate and see each other while answering questions.


The physical and/or mental inability to make informed, rational judgments. Factors that could be indications of incapacitation include but are not limited to mental or physical disability; lack of sleep; alcohol; illegal drugs, date-rape, or prescription drug use; unconsciousness; blackout; or involuntary physical restraint. An individual who is incapacitated cannot give consent to engage in a sexual encounter. Being intoxicated by drugs or alcohol does not diminish one's responsibility to obtain consent. The factors to be considered when determining whether consent was given include whether the accused knew, or whether a reasonable person should have known, that the Complainant was incapacitated.

Informal Resolution

A voluntary process engaged in outside of the formal investigative process to resolve a complaint. Informal Resolution is encouraged to resolve concerns at the earliest stage possible with the cooperation of all parties involved but will never be required. Participation in the Informal Resolution process is voluntary and must be agreed to by both parties in writing. Informal Resolution may include an investigation but should be flexible enough to meet the needs of each case. The Informal Resolution may include an agreement between the parties, separating the parties, referring to counseling programs, negotiating an agreement for disciplinary action, conducting targeted preventive education and training programs, or providing remedies for the individual harmed by the offense. Either Party has the right to withdraw from the Informal Resolution process prior to coming to a final agreement and resume the formal investigation. If the allegation falls under Title IX and involves a staff or faculty member of the College, Informal Resolution will not be permitted. After concluding the Informal Resolution of a complaint, the Title IX Coordinator shall notify the Complainant and Respondent of the Resolution that was agreed upon.

Preponderance of Evidence

The evidentiary standard used during a sexual misconduct investigation/review to determine if the allegations occurred and if a College policy violation has occurred. A preponderance of evidence means it is more likely than not, or more than 50 percent in favor, that misconduct occurred.


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


An action, performed directly or through others, that is aimed to dissuade a reasonable person from engaging in a protected activity or is done in retribution for engaging in a protected activity. Action in response to a protected activity is not retaliatory unless (i) it has a materially adverse effect on the working, academic, or other College-related environments of an individual and (ii) it would not have occurred in the absence of (but for) the protected activity. Examples of protected activities include reporting (internally or externally) a complaint of sexual harassment in good faith, assisting others in making such a report, or honestly participating as an investigator, witness, decision-maker, or otherwise assisting, in an investigation or proceeding related to suspected sexual harassment.

Sexual Assault

As defined in 20 U.S.C. 1092(f)(6)(A)(v) and the uniform crime reporting system of the Federal Bureau of Investigation: sexual assault means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent; also unlawful sexual intercourse. Sexual assault includes the following:

  • Rape - Any penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  • Sodomy - Oral or anal sexual intercourse with another person without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
  • Sexual Assault with an Object - To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. An 'object' or 'instrument' is anything used by the offender other than the 'offender's genitalia, e.g., a finger, bottle, handgun, stick.
  • Fondling - The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/ her temporary or permanent mental or physical incapacity.
  • Incest - Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Utah law. See Utah Code section 76-7-102. 3.18.6
  • Statutory Rape - Non-forcible sexual intercourse with a person who is under Utah's statutory age of consent. See Utah Code section 76-5-401 et seq.
Sexual Exploitation

When a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

  • Invasion of sexual privacy
  • Prostituting another person
  • Non-consensual video or audio-taping of sexual activity
  • Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex)
  • Engaging in voyeurism
  • Knowingly transmitting an S.T.I. or H.I.V. to another person
  • Exposing one's genitals in non-consensual circumstances
  • Inducing another to expose their genitals.
Sexual Harassment

Conduct on the basis of sex that satisfies one or more of the following

  1. An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual's participation in unwelcome sexual conduct
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College education program or activity
  3. "Sexual assault," "dating violence," "domestic violence," or "stalking".

As defined in 34 U.S.C. 12291(a) (30): engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress

Supportive Measures

Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where a violation is reported but no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the College's education program or activity without unreasonably burdening the other Party, including measures designed to protect the safety of all parties, or the College's educational environment, or to deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The College must maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.