• Respondent . The term Respondent refers to the person alleged to have committed a violation of this policy. • Sexual Misconduct . Sexual misconduct is an umbrella term used in this policy to more conveniently refer to any form of conduct prohibited by this policy. Prohibited Conduct In accord with the requirements of Title IX, the University recognizes the following as conduct as sexual misconduct prohibited by this policy, provided that such conduct: occurs in the United States, the complainant participated or sought to participate in a University program or activity at the time of the complaint, the conduct occurred in the context of that participation or attempted participation, and the conduct occurred on the basis of sex. Sexual Harassment. Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following: • An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo harassment); or • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it denies a person equal educational access. Sexual Assault. Sexual assault includes any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the persons will where the victim is incapable of giving affirmative consent. Sexual assault consists of the following specific acts: • Rape . The 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. This offense includes the rape of both males and females. • Fondling . The touching of the private body
to the person who allegedly experienced the sexual misconduct in violation of the policy whether or not a formal complaint is filed. In some cases, the Title IX Coordinator may file a formal complaint and thereby initiate an investigation and adjudication process pursuant to this policy. In that instance, the Title IX Coordinator is not the “Complainant”; the complainant remains the person who allegedly experienced the sexual misconduct. • Consent . Under Florida law, consent must be intelligent, knowing, and voluntary. Consent does not include coerced submission. Consent shall not be deemed or construed to mean the failure by the alleged complainant to offer physical resistance to the respondent. • Formal Complaint . A formal complaint refers to a written complaint filed in accordance with the grievance process below. A formal complaint is necessary to initiate an investigation and adjudication process. • Institution Advisor . A Complainant or Respondent who does not opt to be accompanied by an advisor of choice at a hearing is entitled to be appointed an advisor by the University at no charge to the party. This advisor is referred to an “institution advisor” who may be but need not be an attorney. An institution advisor’s role is limited to asking cross-examination questions of the other party during a hearing. An institution advisor does not represent a party in any legal sense. The party is responsible for formulating the cross-examination questions the institution advisor will pose during the hearing. • Party . A Complainant or Respondent may be referred to as a Party, or collectively, the Parties. • Reporting Party . The term Reporting Party refers to the person who made the report. This may or may not be the same as the Complainant, a witness, or a bystander.
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Hodges University Student Handbook
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