Title IX Definitions

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. 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. See Utah Code 76-5-406.

Dating Violence

Dating Violence is any violence or physical harm, or threat of violence or physical harm, committed by a person who is or has been in a dating relationship with the victim including any attempt, conspiracy, or solicitation of such. A dating relationship means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy. The following factors may be considered in determining if a dating relationship exists: whether the parties developed interpersonal bonding above a mere casual fraternization; the length of the parties’ relationship; the nature and the frequency of the parties’ interactions, including communications indicating that the parties intended to be in a dating relationship; whether, by statement or conduct, the parties demonstrated an affirmation of their relationship to others. See Utah Code 78B-7-402(4).

Domestic Violence

Domestic Violence is a pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner. Prohibited Domestic Violence includes any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another including the offenses listed in Utah Code 77-36-1(4) or by a current or former spouse or intimate partner of the victim, a former cohabitant, by a person with whom the victim shares a child in common, or by any other person against an adult or youth victim protected by Utah domestic or family violence laws. 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.

Impacted Person

In a Title IX investigation, the Impacted Person is any person who has been the victim of an alleged Title IX violation.

Intimidation

Intimidation of witnesses or victims happens when a person intimidates or attempts to intimidate any witness or victim who seeks to file a report or claim against another person with the intent to or with the knowledge that his/her conduct will obstruct, impede, impair, prevent or interfere with the administration of criminal justice.  

Non-Consensual Sexual Contact

Non-Consensual Sexual Contact is defined as any intentional touching for sexual gratification (including intentional contact with the breasts, buttocks, groin, or genitals, including touching another with an object or any of these body parts, or making another touch you or themselves), however slight, by a man or a woman upon a man or a woman that is without consent and/or by force.

Non-Consensual Sexual Intercourse

Non-Consensual Sexual Intercourse is any sexual intercourse by a man or woman upon a man or a woman that is without consent and/or by force. Intercourse includes: vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.    

Preponderance of the Evidence

In order to determine that a person has violated a College’s Code of Conduct, the standard of proof required is a preponderance of evidence, i.e., the evidence demonstrates that it is more likely than not that the violation occurred. 

Respondent

In a Title IX investigation, the Respondent is the person against whom a complaint or allegation is reported.

Retaliation

Retaliation is prohibited at Snow College. Retaliation is any adverse action (including intimidation, coercion, threats or harassment) taken against a person for participating in the Title IX complaint or any other complaint process including a person who has filed a complaint or provided information. This includes college officials pertaining to their duties.  Examples of prohibited retaliation include:                                         

  • Contacting a student or college official to complain about their actions relative to a conduct investigation;
  • Contacting a person to try to coerce them into changing their testimony;
  • Threatening a student or college official for reporting an alleged act of assault or providing information;
  • Threatening a person if they do not change their testimony;
  • Encouraging or permitting friends to harass a person, e.g. chanting "liar" to the person on campus;                            
  • Following or having friends follow a person around campus;
  • Encouraging others to shun a person.
Sexual Assault

Sexual Assault is defined as any intentional sexual contact, touching, or sexual relations that occur without consent and/or by force or coercion. This includes aiding, abetting or encouraging such activity. See Utah Code 75-401-415.

Sexual Exploitation

Sexual Exploitation occurs 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 STI or HIV to another person;
  • Exposing one's genitals in non-consensual circumstances;
  • Inducing another to expose their genitals.
Sexual Harassment

Sexual Harassment is unwelcome conduct of a sexual nature such as unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature on or off campus, when: (1) submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment or academic standing; or (2) submission to or rejection of such conduct is used as the basis for employment decisions or for academic evaluation, grades, or advancement; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating or hostile academic or work environment. Sexual harassment may be found in a single episode, as well as in persistent behavior. Both men and women are protected from sexual harassment, and sexual harassment is prohibited regardless of the sex of the harasser.

Sexual Misconduct

Sexual Misconduct is Dating Violence, Domestic Violence, Sexual Harassment, Sexual Assault, Nonconsensual Sexual Contact or Intercourse, Sexual Exploitation or other sexual offenses as defined by Utah law including Chapter 5, Part 4 of Title 76.

Sexual Violence

Sexual Violence is a form of sexual harassment and refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.                                              

Stalking

A person is guilty of stalking who intentionally or knowingly engages in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person: (a) to fear for the person’s own safety or the safety of a third person; or (b) to suffer other emotional distress. Stalking may take many forms, including following, lying in wait, monitoring, and pursuing contact. Stalking may occur in person or through a medium of communication, such as letters, e-mail, text messages, or telephone calls. See Utah Code 76-5-106.5(2).