• 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 a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; 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 of the jurisdiction in which the crime of violence occurred. • Education Program or Activity : locations, events, or circumstances where the College exercises substantial control over both the Respondent and the context in which Prohibited Conduct occurs. • Finding : a conclusion by the preponderance of the evidence standard of proof that the conduct did or did not occur as alleged. • Hostile Environment : conduct that is so severe, persistent or pervasive that it has the effect of unreasonably interfering with an individual’s work performance or educational experience or which otherwise unreasonably limits or deprives an individual from participating in or receiving the benefits of employment with the College and/or an Education Program or Activity at the College. The existence of a Hostile Environment is to be judged both objectively (meaning a reasonable person would find the environment hostile) and subjectively (meaning the impacted individual felt that the environment was hostile). • Hearing Decision-Maker or Panel : refers to those who have decision-making and sanctioning authority under the Process A/Title IX described in Section XI below. • Intimidation : implied threats or acts that cause another person a reasonable fear of harm. • Investigator : means the person or persons charged by the College with gathering facts about alleged Prohibited Conduct, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence. • Mandatory Reporter : an employee of the College who is obligated by applicable law, College policy, and/or this Procedure to share knowledge, notice, and/or reports of Prohibited Conduct with the TIXC, an Official with Authority, and/or their supervisor. • Notice : means that an employee, student, or third party informs the TIXC or other Official with Authority of the alleged occurrence of Prohibited Conduct. • Official with Authority (OWA) : means an employee of the College explicitly vested with the responsibility to implement corrective measures for Prohibited Conduct on behalf of the College.
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