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Definitions

As defined in University policy or procedures:

Sexual Harassment

means behavior, including physical contact, advances, and comments in person, through an intermediary, and/or via phone, text message, email, social media, or other electronic medium, that is unwelcome; based on sex or gender stereotypes; and is so severe, pervasive and objectively offensive that it has the purpose or effect of substantially interfering with a person’s academic performance, employment or equal opportunity to participate in or benefit from University programs or activities or by creating an intimidating, hostile or offensive working or educational environment. Sexual Harassment may include but is not limited to:

  1. unwelcome efforts to develop a romantic or sexual relationship;
  2. unwelcome commentary about an individual’s body or sexual activities;
  3. threatening to engage in the commission of an unwelcome sexual act with another person;
  4. stalking or cyberstalking;
  5. engaging in indecent exposure; voyeurism, or other invasion of personal privacy;
  6. unwelcome physical touching or closeness;
  7. unwelcome jokes or teasing of a sexual nature or based upon gender or sex stereotypes; and
  8. sexual violence, as defined below.

Title IX and University Policy prohibit gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

Sexual violence

means any physical act which is sexual in nature that is committed by force or without the full and informed consent of all persons involved. Sexual violence may include but is not limited to rape, sexual assault, sexual battery, and sexual exploitation.  Sexual violence can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual violence can be committed by men or by women, and it can occur between people of the same or different sex. 

Stalking

is engaging in a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear. [Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. (based on draft SaVE regs)]

Intimate Partner/Relationship Violence

is violence or abuse by a person in an intimate relationship with another. The term “intimate partner violence” is defined to mean any physical, sexual, or psychological harm against an individual by a current or former partner or spouse of the individual. It would include stalking, dating violence, sexual violence, or domestic violence

Dating Violence

is violence committed by a person who is or has been in a social relationship of romantic or intimate nature with the victim. Dating violence can be committed by men or by women, and it can occur between people of the same or different sex. Dating violence includes, but is not be limited to, sexual or physical abuse or the threat of such abuse. (based on draft SaVE regs)

Domestic Violence

is a felony or misdemeanor crime 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, by a person similarly situated to a spouse of the victim under the domestic or family violence laws, 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. (based on draft SaVE regs)

Coercion

is the application of unreasonable pressure for sexual access.

Consent

means words or actions that show an active, knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. It is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity to make sure that he or she has consent. Consent cannot be gained by force, by ignoring or acting without regard to the objections of another, or by taking advantage of the Incapacitation of another, where the accused knows or reasonably should have known of such Incapacitation. For example, a person who is intoxicated may not be capable of giving consent. Consent is also absent when the activity in question exceeds the scope of consent previously given or when the person from whom consent is sought is deemed incapable of giving consent under the law of the State of Kansas.  A person always has the right to revoke Consent at any time during a sexual act. Failure to say “no” does not imply consent.

Force

means physical force, threat, intimidation or coercion.

Incapacitation

means the physical and/or mental inability to make informed, rational judgments.  Where alcohol and/or drugs are involved, incapacitation is defined with respect to how the alcohol or drugs consumed impact a person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments. 

Non-Academic Conduct

involves conduct covered under published policies, rules and regulations of the University and Kansas Board of Regents. This definition excludes conduct otherwise covered by the University’s definition of academic misconduct, U.S.R.R. 2.6.1.

Respondent

is a person who is alleged to have violated University Policy.

Witness

is a person who has relevant information to share.

Complainant

is an individual who claims to have been harmed by a student through a violation of the Code or University Policy. The University reserves the right to serve as a complainant.

Incident Report

is the written report submitted describing the behavior and/or alleged violations of the University Policy.

University Policy

are the written rules and regulations of the University as found in, but not limited to, the Code of Student Rights and Responsibilities; KU Student Housing Handbook; and, the University policy library. These include, but are not limited to, policies related to computer use, solicitation, sexual harassment and other anti-discrimination policies, athletic events, use of facilities, travel, and participation in student organizations.

Hearing Officer

means a University official authorized by the Vice Provost for Student Affairs or designee to determine whether a student has violated University Policy, and to impose sanctions when a policy violation has been committed.

Hearing

is the educational meeting between the Hearing Officer/Panel and student to determine the student’s behavior in the complaint, whether the student’s involvement is a violation of University Policy, and if a violation exists, determine appropriate sanctions.


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