Terminology & Definitions
- Complainant: Individual who is reported to have experienced Prohibited Conduct, regardless of whether the individual makes a report or seeks disciplinary action.
- Respondent: Individual who has been accused of Prohibited Conduct.
- Third party: Individual who is not a University student, faculty member, or staff member (e.g., vendors, alumni/ae, or visitors).
- Party or parties: May also be used to refer to a complainant or respondent participating in a resolution process.
- Witness: Individual who may have information relevant to a report of Prohibited Conduct.
In determining whether reported conduct violates this policy, the University will consider the totality of the facts and circumstances allegedly involved in the incident, including the nature of the reported conduct and the context in which it allegedly occurred Individuals of any sex or gender can commit any of the Prohibited Conduct defined in this policy, and it can occur between individuals of the same sex/ gender or different sexes/genders It can occur between strangers or acquaintances, as well as persons involved in intimate, sexual, dating, domestic, or familial relationships In broad terms, this policy prohibits the following forms of conduct, collectively referred to throughout this policy as Prohibited Conduct, as well as attempts to commit such misconduct For greater detail regarding the definitions, please see the Policy, which is available at: baylor.edu/titleix.
Title IX Sexual Harassment Terms & Definitions
Sex-based discrimination is treating an individual differently and negatively by taking an injurious action based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity.
An injurious action is any 1) act or omission that results in a negative effect on the terms, conditions, and privileges of employment or enrollment; or 2) conduct that interferes with a student’s ability to participate in or benefit from the University’s educational programs or activities.
Sex-Based Harassment is a form of sex discrimination and includes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Specific forms of Sex-Based Harassment are defined below.
- Quid Pro Quo Sex-Based Harassment - Conduct by which an employee, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s education program or activity explicitly or impliedly:
a. conditions the provision of an aid, benefit, or service; or
b. conditions instruction, academic standing, employment or participation in any University program, activity, or benefit; or
c. conditions an academic or personnel evaluation or decision on an individual’s participation in unwelcome sexual conduct. - Hostile Environment Harassment - Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity (i.e., creates a hostile environment).
- Sexual Assault - As required by Title IX regulations, the definition of Sexual Assault used in this policy incorporates the definitions of the FBI’s Uniform Crime Reporting (NIBRS) program, as follows:
a. Rape:
• The carnal knowledge of a person (i.e., penile-vaginal penetration), without the consent of that person,
• Oral or anal sexual intercourse (i.e., penile penetration) with another person, without the consent of that person, and/or
• To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of that person.An “object” or “instrument” is anything other than a penis.
b. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of that person (for purposes of this definition, private body parts”means a person’s breast(s), buttock(s), genitals, or other intimate parts, and prohibited fondling may be over or under clothing).
c. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.Under Texas law, individuals younger than 17 years of age are legally incapable of giving consent to sexual penetration or contact by an adult (someone 18 years of age or older) who is three or more years older than the individual. - Non-Consensual Sexual Contact - Any intentional touching or kissing of a person’s breast(s), buttock(s), groin, genitals, or other intimate parts without consent.Touching may be over or under clothing and may include the respondent touching the complainant, the respondent making the complainant touch the respondent or another person, or the respondent making the complainant touch the complainant’s own body.
- Domestic Violence - Conduct on the basis of sex that constitutes a felony or misdemeanor crime committed by a person who:
• Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the recipient, or a person similarly situated to a spouse of the victim;
• Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
• Shares a child in common with the victim; or
• Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction where the acts allegedly occurred. - Dating Violence - Conduct that constitutes violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant.The existence of such a relationship shall be determined based on the parties’ statements 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.
- Stalking - A course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress.
- Sexual Exploitation - Any act where one person violates the sexual privacy of another or takes unjust or abusive sexual advantage of another, but that does not fall within the definition of Sex-Based Harassment.
- Retaliation - Retaliation means intimidation, threats, coercion, or discrimination against any person by the University, a student, employee or Contractor, for the purpose of interfering with any right or privilege secured by this policy, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and/or the Adaptable Resolution processes described in this policy. The University will not discipline or otherwise discriminate against an employee because they have, in good faith, made a report of Prohibited Conduct to the Equity Office as provided below, or because they have cooperated with an investigation or resolution process relating to such a report.
- Complicity - Any act that knowingly aids, facilitates, promotes, or encourages the commission of Prohibited Conduct by another person.
a. Consent: Consent is the voluntary, informed, and freely given agreement, through words and/or actions, to participate in mutually agreed-upon acts.Consensual activity happens when each partner willingly and affirmatively chooses to participate.
In evaluating whether consent has been freely sought and given, the University will consider the presence of any force, threat of force, threats, or coercion; whether the complainant had the capacity to give consent; and, whether the communication (through words and/or actions) between the parties would be interpreted by a reasonable person (under similar circumstances and with similar identities) as a willingness to engage in a particular act.
Coercion is the use of an unreasonable amount of pressure to gain sexual access.Coercion is more than an effort to persuade, entice, or attract another person to engage in sexual contact.When a person makes clear that they do not wish to participate in a particular activity or communicates by words or actions a decision to stop or a decision not to go beyond a certain interaction, continued pressure can be coercive.In evaluating whether coercion was used, the University will consider: (i) the frequency of the application of the pressure, (ii) the intensity of the pressure, (iii) the degree of isolation of the person being pressured, and (iv) the duration of the pressure.
Consent cannot be obtained through physical force or where there is a reasonable belief of the threat of physical force, or when one person overcomes the physical limitations of another person.
b. Incapacitation: Incapacitation is the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless, either voluntarily or involuntarily, or the individual is unconscious, asleep, or otherwise unaware that the activity is occurring.In addition, an individual is incapacitated if they demonstrate that they are unaware at the time of the incident of where they are, how they got there, or why or how they became engaged in an act.