Key Definitions

An individual who conducts cross-examnation on behalf of a party, and who may also accompany the party to meetings in the grievance process and otherwise participate in the live hearing, among other things.

The phrase “campus Title IX office” or “campus Title IX coordinator” refers to campus Title IX office staff members and others designated to carry out the responsibilities in the Sexual Harassment, Sexual Assault, Stalking, and Relationship Violence policy.

At Morris, the Title IX Coordinator and campus Title IX office is Sarah Mattson (mattsoj@morris.umn.edu or 320-589-6021).

The Deputy Title IX Coordinator and campus Title IX office for students is Adrienne Conley (amconley@morris.umn.edu or 320-589-6738).

An individual is a “complainant” when the University learns that the individual may have experienced prohibited conduct. Complainants may be assisted under this policy even if they have not reported prohibited conduct to the University or pursued a prohibited conduct process under this policy.

An individual is a “respondent” when the University learns that the individual is alleged to have engaged in conduct that could constitute prohibited conduct under this policy.

Retaliation means taking an adverse action against an individual: (1) for the purpose of interfering with any right or privilege secured by this policy; (2) for refusing to participate in any manner in an informal problem solving or grievance process relating to a prohibited conduct allegation; or (3) because of the individual’s good faith  participation in:

• reporting suspected or alleged prohibited conduct;
• expressing opposition to suspected or alleged prohibited conduct;
• testifying, assisting, or participating in an informal problem-solving, investigation, or grievance process related to a prohibited conduct allegation; or
• accessing the Office for Conflict Resolution (OCR) to resolve a conflict related to prohibited conduct.

Adverse actions are actions that might deter a reasonable person from reporting suspected or alleged prohibited conduct; expressing opposition to suspected or alleged prohibited conduct; testifying, assisting, participating (or not participating) in the grievance process related to a prohibited conduct allegation; or accessing the Office for Conflict Resolution. Examples of adverse action include, but are not limited to:

• impeding the individual’s academic advancement;
• departing from any customary academic or employment practice regarding the individual;
• firing, refusing to hire, or refusing to promote the individual; transferring or assigning the individual to a lesser position in terms of wages, hours, job classification, job security, employment or academic status;
• threatening, intimidating, coercing, marginalizing, or discriminating against an individual; and
• charging an individual for code of conduct violations that do not involve sex discrimination or prohibited conduct, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of prohibited conduct.

Good faith participation means: 1) reporting or expressing opposition to prohibited conduct based on a reasonable belief that prohibited conduct has occurred, or 2) honestly participating in an investigation of prohibited conduct or accessing conflict resolution services.

For more information on retaliation, see FAQ: Retaliation in Sexual Harassment, Sexual Assault, Stalking and Relationship Violence Cases

Sexual assault is: 1) actual or attempted sexual contact without affirmative consent; or 2) a threat to engage in contact that would be, if the threat were carried out, sexual contact without affirmative consent.

Sexual contact is intentional sexual touching with an object or body part. Depending on the context, it may include, but is not limited to: (i) intentionally touching the breasts, buttocks, groin or genitals of another individual; (ii) intentionally touching another individual with any of these body parts; and (iii) making an individual touch another individual or themselves with, or on, any of these body parts. Sexual contact can occur whether or not an individual’s body parts are covered by clothing.

Affirmative consent is freely and affirmatively communicated words or actions given by an informed individual that a sober reasonable person under the circumstances would believe communicate a willingness to participate in the sexual contact. The following factors will be considered when determining whether affirmative consent was given.

• Each individual who wishes to engage in sexual contact is responsible for obtaining consent from the other individual or individuals who intend to be involved in the sexual contact.
• A lack of protest, the absence of resistance, and silence do not by themselves indicate consent.
• The existence of a present or past sexual, dating, or other romantic relationship between the individuals involved does not by itself imply consent to sexual contact.
• Consent must be present throughout the sexual contact and may be given and withdrawn at any time.
• When consent is withdrawn, all sexual contact must stop. Where there is confusion about the state of consent, sexual contact must stop until the individuals have verified the affirmative consent of all individuals involved.
• Consent to one form of sexual contact does not by itself constitute consent to another form of sexual contact.

Consent is not obtained where:

An individual is compelled to engage in unwanted sexual contact through the use of coercion. Coercion may consist of physical force, intimidation, threats, or severe or persistent pressure that would reasonably cause an individual to fear significant consequences if they refuse to engage in sexual contact.

• An individual involved in sexual contact is incapacitated due to the influence of drugs or alcohol, and a reasonable person would know of this incapacitation. Incapacitation due to the influence of drugs or alcohol is a state beyond mere intoxication or impaired judgment. Some indicators of incapacitation due to the influence of drugs or alcohol may include:
  • A lack of control over one’s physical movement (for example, an inability to walk or stand without stumbling or assistance).
  • An inability to effectively communicate (for example, where one’s speech is heavily slurred, incomprehensible, or nonsensical).
  • A lack of awareness of one’s circumstances or surroundings (for example, a lack of awareness of where one is, how one got there, who one is with, and how or why one became engaged in sexual contact).
• An individual involved in sexual contact is unable to communicate or understand the nature or extent of the sexual situation because of a physical or mental condition.
• An individual involved in sexual contact is asleep, unconscious or involuntarily physically restrained.
• Sexual intercourse occurs with an individual who is not of legal age to give consent pursuant to Minnesota state law.
• Sexual intercourse occurs between parties who are related to each other within the degrees wherein marriage is prohibited by Minnesota state law.

Title IX sexual assault is a subset of sexual assault that occurs in the United States and: 1) on campus; 2) as part of the University’s operations; 3) in locations, events or circumstances over which the University exercised substantial control over both the respondent and the context in which the prohibited conduct occurred; and/or 4) in buildings owned or controlled by a student organization that is officially recognized by the University. Title IX sexual assault occurs when there is actual or attempted:

• penetration, no matter how slight, of the vagina or anus with any body part or object without affirmative consent;
• oral penetration by a sex organ of another person without affirmative consent; or
• the touching of the private body parts of another person without affirmative consent and for the purpose of sexual gratification.

Sexual assault will be designated Title IX sexual assault by the campus Title IX office if it meets the above definition and the complainant is participating or attempting to participate in a University education program or activity at the time the complainant files a formal complaint, or if it meets the above definition and the Title IX Coordinator signs a formal complaint.

Sexual harassment means unwelcome conduct on the basis of sex under the following conditions:

• Quid pro quo sexual harassment: When a University member conditions the provision of a University aid,  benefit, or service on an individual’s participation in sexual conduct.
• Hostile environment sexual harassment: When conduct is severe, persistent or pervasive; and:
  • unreasonably interferes with an individual’s employment or educational performance
  • creates a work or educational environment that an individual finds, and a reasonable person would find, to be intimidating, hostile or offensive, or
  • effectively denies an individual equal access to a University program or activity.
• Title IX sexual harassment is a subset of sexual harassment that occurs in the United States and: 1) on campus; 2) as part of the University’s operations; 3) in locations, events or circumstances over which the University exercised substantial control over both the respondent and the context in which the prohibited conduct occurred; and/or 4) in buildings owned or controlled by a student organization that is officially recognized by the University.
  
  Title IX sexual harassment occurs when: 1) A University employee conditions the provision of a University aid, benefit, or service on an individual’s participation in unwelcome sexual conduct; or 2)Unwelcome conduct is determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity.
  
  Sexual harassment under this policy encompasses all harassment on the basis of sex. This includes harassment based on gender, pregnancy, gender identity, gender expression and sexual orientation.
  
  Sexual harassment does not include adverse actions based on sex, gender, pregnancy, gender identity, gender expression and sexual orientation.  Adverse actions include: 1) actions that adversely affect a term or condition of an individual’s employment or education; and 2) denials of reasonable accommodations for an individual’s pregnancy, childbirth, lactation, or related medical conditions.  Reports of adverse actions based on sex, gender, pregnancy, gender identity, gender expression and sexual orientation will be addressed pursuant to the University’s processes for responding to reports of discrimination and related retaliation.

The determination of whether conduct is unwelcome is made according to a subjective standard. In other words, the determination is made based on whether the complainant viewed the conduct as unwelcome. This subjective standard reflects understanding that an individual may submit to or participate in sexual conduct with an individual with greater power (e.g., an advisor, supervisor, instructor) because the subordinate individual fears potential negative repercussions if they refuse, and not because they welcome the conduct.

Sexual harassment may include conduct that is verbal, nonverbal, graphic, and/or physical. Individuals of all genders can be victims of sexual harassment, and the complainant and respondent can be of the same or different genders. The following conduct may lead to a decision that a respondent engaged in sexual harassment:

• Unwelcome sexual advances, including touching or sexual comments.
• Implicit or explicit requests for sexual favors in exchange for employment or academic benefits.
• Distributing ratings of individuals’ attractiveness or sexual activity or performance.
• A pattern of sexually suggestive comments, jokes, or gestures.
• A pattern of disparaging comments or jokes about certain genders or based on gender stereotypes.

Stalking is a course of conduct directed at a specific individual that would cause a reasonable person to: 1) fear for their safety or the safety of others; or 2) suffer substantial emotional distress. A course of conduct is multiple acts including, but not limited to, acts in which an individual directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about another individual, or interferes with another individual’s property. In determining whether an individual has engaged in a course of conduct, consideration is given to the number of acts, their level of severity, and the time period in which they occur.

Stalking includes cyber-stalking, in which an individual uses electronic media, such as the internet, social networks, blogs, cell phones, texts, or other methods or forms of contact to engage in stalking.

1. Title IX stalking is a subset of stalking that occurs in the United States and: (1) on campus; (2) as part of the   University’s operations; (3) in locations, events or circumstances over which the University exercised substantial control over both the respondent and the context in which the prohibited conduct occurred; and/or (4) in buildings owned or controlled by a student organization that is officially recognized by the University.

Stalking will be designated Title IX stalking by the campus Title IX office if it meets the above definition and the complainant is participating or attempting to participate in a University education program or activity at the time the complainant files a formal complaint, or if it meets the above definition and the Title IX Coordinator signs a formal complaint.

Relationship violence is: (1) actual, attempted or threatened violence by one individual against another individual with whom they are, or have been, in a social relationship with of a romantic or intimate nature; or (2) conduct that would constitute a felony or misdemeanor crime of violence by an individual against: (i) a current or former spouse or intimate partner; (ii) an individual with whom they share a child; (iii) an  individual similarly situated to a spouse under Minnesota state domestic or family violence laws; or (iv) any adult or youth who is protected from the individual’s acts under the Minnesota state domestic or family violence laws.

While relationship abuse can include non-physical tactics—such as emotional, psychological and fiscal abuse and control—this policy addresses only physical acts of relationship violence. Individuals who experience any type of relationship abuse, including non-physical tactics not covered by this policy, are encouraged to seek help from campus or community resources.

• Title IX relationship violence is a subset of relationship violence that occurs in the United States and: (1) on campus; (2) as part of the University’s operations; (3) in locations, events or circumstances over which the   University exercised substantial control over both the respondent and the context in which the prohibited conduct occurred; and/or (4) in buildings owned or controlled by a student organization that is officially recognized by the University.
  
  Relationship violence will be designated Title IX relationship violence if it meets the above definition and the complainant is participating or attempting to participate in a University education program or activity at the time the complainant files a formal complaint, or if it meets the above definition and the Title IX Coordinator signs a formal complaint.

University employees include the following individuals:

• all individuals defined as employees by Board of Regents Policy: Employee Group Definitions (PDF), including:
  • faculty,
  • academic professionals,
  • academic administrators,
  • professionals in training (including postdoctoral associates),
  • civil service staff,
  • union-represented staff,
  • graduate assistants, and
  • student employees
• fellows;
• temporary employees; and
• third parties serving in instructional roles at the University.

University property includes any building or property that is owned or controlled by the University and is used by the University in direct support of, or in a manner related to, the University’s educational purposes.

For more information, see Administrative Policy: Sexual Harassment, Sexual Assault, Stalking and  Relationship Violence.