To better understand The University of Akron's gender-based misconduct and Title IX policy and protocol, it is important that you understand what specific words, behaviors and actions mean in the context of gender-based misconduct and Title IX.
Complete definitions are below.
Discrimination
Discrimination within the jurisdiction defined by Title IX of the Education Amendments Act of 1972 must occur within locations, events, or circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the discrimination occurs; or in any building owned or controlled by a student organization officially recognized by The University of Akron.
Discrimination within the jurisdiction defined by The University of Akron Gender-Based Misconduct Policy and Protocol may occur within circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the discrimination occurs or within circumstances deemed by the University to affect adversely the University or its students and University employees.
Sexual harassment
Quid Pro Quo
An employee of The University of Akron conditioning the provision of an aid, benefit, or service of The University of Akron on an individual’s participation in unwelcome sexual conduct;
Hostile Environment
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
Sexual Assault, Dating Violence, Domestic Violence, and Stalking
Sexual assault, domestic violence, dating violence and stalking are further defined below.
Sexual harassment, within the jurisdiction defined by Title IX of the Education Amendments Act of 1972, must occur within locations, events, or circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the sexual harassment occurs or in any building owned or controlled by a student organization officially recognized by The University of Akron.
Quid Pro Quo
Explicitly or implicitly conditioning an individual’s employment, academic status, or participation in an educational program or activity on the individual’s submission to unwelcome sexual advances, requests for sexual favors, or conduct of a sexual nature made by a person having power or authority over the provision or denial of that employment, status, program, or activity.
Hostile Environment
Sexual, sex based, and/or gender-based verbal, written, electronic, and/or or physical conduct that a reasonable person would consider severe or pervasive and that unreasonably interferes with, denies, or limits an individual’s ability to participate in or benefit from the University’s educational programs, employment, and activities, or creates a hostile or offensive work, educational, or campus residential environment.
Examples include, but are not limited to:
Sexual harassment, within the jurisdiction defined by The University of Akron Gender-Based Misconduct Policy and Protocol, may occur within circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the sexual harassment occurs or within circumstances deemed by the University to adversely affect the University or its students and University employees.
Sexual Assault
Rape
The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity. Carnal knowledge is defined as the slightest penetration of the sexual organ of the female (vagina) by the sexual organ of the male (penis).
Sodomy
Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.
Sexual Assault with an Object
Use of an object or instrument to unlawfully penetrate, however slight, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity. An object or instrument is anything used by the offender other than the offender’s genitalia, e.g., a finger, bottle, handgun, stick.
Fondling
The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental incapacity.
Incest
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape
Sexual intercourse with a person who is under the statutory age of consent.
Sexual assault within the jurisdiction defined by Title IX of the Education Amendments Act of 1972 must occur within locations, events, or circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the sexual assault occurs; or in any building owned or controlled by a student organization officially recognized by The University of Akron.
Non-Consensual Sexual Contact
Any intentional sexual touching, however slight, with any object by a person upon another person, that is without consent and/or by force. Sexual contact includes intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or any other intentional bodily contact in a sexual manner.
Non-Consensual Sexual Intercourse
Any sexual intercourse however slight, with any object, by a person upon another person, that is without consent and/or by force. Intercourse includes vaginal or anal penetration by a penis, object, tongue or finger, an oral copulation (mouth to genital contact), no matter how slight the penetration or contact.
Sexual assault within the jurisdiction defined by The University of Akron Gender-Based Misconduct Policy and Protocol may occur within circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the sexual assault occurs or within circumstances deemed by the University to affect adversely the University or its students and/or University employees.
Dating Violence
Dating violence is an act of violence committed by a person who is or has been in a romantic or intimate relationship with the complainant. The existence of such a romantic or intimate relationship is determined by the length of the relationship; the type of relationship, and the frequency of interaction between the individuals involved in the relationship.
Examples include but are not limited to:
Dating violence within the jurisdiction defined by Title IX of the Education Amendments Act of 1972 must occur within locations, events, or circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the dating violence occurs; or in any building owned or controlled by a student organization officially recognized by The University of Akron.
Dating violence within the jurisdiction defined by The University of Akron Gender-Based Misconduct Policy and Protocol may occur within circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the dating violence occurs or within circumstances deemed by the University to affect adversely the University or its students and University employees.
Domestic Violence
Domestic violence is an act of violence committed by:
Domestic violence within the jurisdiction defined by Title IX of the Education Amendments Act of 1972 must occur within locations, events or circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the domestic violence occurs; or in any building owned or controlled by a student organization officially recognized by The University of Akron.
Domestic violence within the jurisdiction defined by The University of Akron Gender-Based Misconduct Policy and Protocol may occur within circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the domestic violence occurs or within circumstances deemed by the University to affect adversely the University or its students and University employees adversely.
Stalking
Stalking within the jurisdiction defined by Title IX of the Education Amendments Act 1972 must occur within locations, events, or circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the stalking occurs or in any building owned or controlled by a student organization officially recognized by The University of Akron.
Stalking within the jurisdiction defined by The University of Akron Gender-Based Misconduct Policy and Protocol may occur within circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the stalking or within circumstances deemed by the University to affect adversely the University or its students and/or University employees adversely.
Battery
As prohibited by The University of Akron, battery is intentionally, or negligently, causing physical contact or bodily harm to another person because of a person’s sex or gender.
Battery within the jurisdiction defined by The University of Akron Gender-Based Misconduct Policy and Protocol may occur within circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the discrimination occurs or within circumstances deemed by the University to affect adversely the University or its students and University employees.
Indecent Exposure
As prohibited by The University of Akron, indecent exposure is the exposure of the private or intimate parts of the body in a lewd manner in public or in private when the respondent(s) may be readily observed and/or engaging in sexual activity in public.
Indecent Exposure within the jurisdiction defined by The University of Akron Gender-Based Misconduct Policy and Protocol may occur within circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the discrimination occurs or within circumstances deemed by the University to affect adversely the University or its students and University employees.
Sexual Exploitation
As prohibited by The University of Akron, sexual exploitation is taking non-consensual, unjust, or abusive sexual advantage of another.
Examples include, but are not limited to:
Sexual Exploitation within the jurisdiction defined by The University of Akron Gender-Based Misconduct Policy and Protocol may occur within circumstances in which The University of Akron exercises substantial control over both the respondent and the context in which the discrimination occurs or within circumstances deemed by the University to affect adversely the University or its students and University employees.
Retaliation
Retaliation occurs when an individual or group intimidates, threatens, coerces, or discriminates against an individual(s) for the purpose of interfering with any right or privilege secured by Title IX or this protocol or because the individual(s) has made a report or formal complaint of a violation of University policy, or testified, assisted, participated or refused to participate in any manner in an investigation, proceeding, or hearing. A good faith pursuit of legal action or the exercise of rights protected under the First Amendment does not constitute retaliation.
Consent
Consent is a clear, unambiguous, knowing and voluntary agreement, whether verbal or non-verbal, between all parties to participate in each and every sexual act.
In determining whether consent was sought and given, all relevant circumstances regarding what the respondent knew, or reasonably should have known will be evaluated.
Coercion
Coercion is conduct that would place a reasonable person in fear and that is used to compel that person to engage in a sexual act.
Examples of coercive conduct include intimidation, unreasonable pressure, and express or implied threats of immediate or future harm to the person or others. Harm may be a physical, emotional, reputational, financial, or other injury to that person or another, or to personal property.
Force
Force is the use of physical action, strength, weapons or violence to compel a person to participate in a sexual act.
Incapacitation
An incapacitated person lacks the ability to make an informed, rational, voluntary judgment about engaging in any sexual act because they lack the capacity to understand the “who, what, when, where, why, or how” of a situation or interaction.
A person can be incapacitated due to a temporary or permanent physical or mental health condition, developmental delay or due to the consumption of drugs or alcohol. An individual who is physically helpless, asleep, unconscious, or unaware that the sexual act is taking place is incapacitated and unable to give consent. When drugs or alcohol are involved, incapacitation is a state beyond drunkenness or intoxication.
Under this Policy, a person has not obtained consent when they initiate a sexual act with another person who they know or reasonably should have known was incapacitated.
Complainant
An individual who is alleged to be the victim of conduct that could constitute sexual harassment or conduct prohibited by the gender-based misconduct and Title IX policy and protocol.
Respondent
An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or conduct prohibited by the gender-based misconduct and Title IX policy and protocol.
Witness
A witness is an individual who may have additional information about a report or formal complaint of conduct that could constitute sexual harassment or conduct prohibited by the gender-based misconduct and Title IX policy and protocol.
Report
A report refers to notice provided to the University alleging sexual harassment or conduct prohibited by the gender-based misconduct and Title IX policy and protocol.
Formal Complaint
A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment or conduct prohibited by the gender-based misconduct and Title IX policy and protocol against a respondent and requesting the University investigate the allegation.