• Bullying : repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally on the basis of actual or perceived membership in a protected class. • Complainant(s): a person(s) who alleges to have been the subject of a Title IX/Sexual Harassment Offense or other Prohibited Conduct. • Complaint (formal) : a document filed/signed by a Complainant or signed by the TIXC alleging Prohibited Conduct by a Respondent and requesting that the College investigate the allegation. • Consent : a knowing, voluntary and clear agreement, by word or action, to engage in a specific sexual activity at the time of the activity. To be valid, consent must be knowing, voluntary, active and ongoing. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Previous relationships or a consent previously given does not imply consent to future sexual acts. Consent cannot be procured by use of physical force, threats, intimidating behavior or other forms of coercion. Consent is not present when an individual is incapacitated due to the effects of alcohol, drugs or sleep. Consent is also not present when an individual lacks capacity to provide consent due to age (as described above), physical or intellectual disability or other condition. When determining whether a person has the capacity to provide consent, the College will consider whether a sober, reasonable person in the same position knew or should have known that the other party could or could not consent to the sexual activity. The voluntary use of alcohol or other drugs by one or both parties prior to, during or in connection with a sexual activity does not serve as a defense to or excuse otherwise prohibited conduct. • Dating Violence : violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. • Discrimination : actions that deprive members of the College community of educational, extracurricular (including athletics) or employment access, benefits or opportunities on the basis of their actual or perceived membership in a protected class. • Discriminatory Harassment : unwelcome conduct, whether in verbal, written, physical, or graphic form, on the basis of actual or perceived membership in a protected class. • Domestic Violence : 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
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