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Employee Title IX Policy - Key Policy Definitions

III. Key Policy Definitions

Administrator:  Employees who are part of University leadership at the cabinet level or who serve in the capacity of assistant/associate vice president (or similar title) over an operational area of the University. 

Advisor: an individual who provides the Complainant or Respondent support, guidance or advice. An Advisor may be any person, including an attorney.  The University discourages having a Witness serve as an Advisor. 

Coercion: unreasonable pressure to participate in an activity that is sufficient to overcome an individual’s freedom of will whether to voluntarily consent to participate in the activity.  Additional guidance about Coercion can be found in Section VIII.

Complainant: the individual who reportedly experienced prohibited conduct, regardless of whether the individual makes a Formal Complaint or participates in an investigation of prohibited conduct.

Confidential Resource:  individuals who have the legally-protected ability to maintain the confidentiality of a disclosure.  Additional guidance about Employee disclosure responsibilities can be found in Section IV.

Consent:  Clear, knowing and voluntary agreement to participate in sexual activity.  Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.  Consent is active, not passive.  Silence, in and of itself, cannot be interpreted as Consent, and relying on nonverbal communication alone may not be sufficient to establish consent.  Additional guidance about Consent can be found in Section VIII.

Decision Panel: the panel of decision-makers that reviews evidence, determines responsibility for Policy violations, and decides appropriate disciplinary action.

Decision Panel Meeting: the meeting during which the Decision Panel hears live testimony from parties and Witnesses, including questioning from the Decision Panel and Advisors, in order to determine credibility of evidence.

Designated Employees:  University employees who are required to immediately disclose all details of prohibited conduct of which they become aware to the Title IX Coordinator.  Additional guidance about employee disclosure responsibilities can be found in Section IV.

Employee:  all individuals employed by DePauw University regardless of employment status or employee definition.  Employees include 1) all part-time, full-time, term, interim, temporary, or on-call employees; 2) exempt and non-exempt employees; and 3) faculty, staff, student employees (for conduct committed in their role as an employee only), and administrators. 

Formal Complaint:  a document filed by a Complainant or signed by the Title IX Coordinator alleging prohibited conduct against a Respondent and requesting that the University investigate the conduct.  Formal Complaints may be made for conduct that is prohibited in Section VII of this Policy.

Incapacitation: a state where a person is unable to give consent because they are temporarily or permanently incapable of appraising or controlling their own conduct, physically unable to verbally or otherwise communicate consent or unwillingness to an act, asleep, unconscious, or unaware that sexual activity is occurring.  Additional guidance about Incapacitation can be found in Section VIII.

Interpersonal Violence:  dating violence, domestic violence, and stalking, as those terms are defined in Section VII of the Policy.

Intimidation: communicating a threat to another person such that a reasonable person in such a circumstance would be placed in fear.

Respondent: the Employee who has been accused of prohibited conduct.

Student: any person pursuing studies at the University, including: (a) a person who is enrolled; (b) a person who is not currently enrolled, but who was enrolled at the time of the alleged violation; (c) a person who, while not currently enrolled, has been enrolled in the University and may reasonably be expected to seek enrollment at a future date; or (d) an accepted student who has paid a deposit.

Student Organization: a group consisting of a number of students who have followed the University requirements for recognition.

Supportive Measures: non-disciplinary, non-punitive individualized services designed to restore or preserve equal access to the University’s education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or deter prohibited conduct.

Title IX Coordinator: the University Employee who coordinates the University’s compliance with Title IX and administers this Policy, including receiving and reviewing disclosures and Formal Complaints under this Policy, implementing Supportive Measures and Protective Measures, overseeing the Title IX Process (investigations, adjudications, and sanctioning); ensuring appropriate education and training for students and Employees; and ensuring appropriate action to eliminate, prevent, and address prohibited conduct. 

Violence:  the use, attempted use, or threatened use of physical force against the person or property of another.

Witness: any individual other than a Complainant or Respondent who provides evidence regarding a Formal Complaint.