The person, persons or student organization alleged to have violated the University’s Anti-Discrimination Policies.
The individuals selected by each Complainant and Accused to provide support and guidance throughout the Equity Resolution Process. Each party is allowed one advisor.
Amnesty for Minor Student Conduct Violations
In order to foster reporting and participation, the University may provide amnesty to complainants and witnesses for minor student conduct violations ancillary to the incident.
Appropriate Administrative Officers
The Appropriate Administrative Officers are trained administrators selected by the chancellor or someone designated by the chancellor and typically are the Title IX Coordinator, the Director of Student Conduct or the Chief Equity Officer/Affirmative Action officer.
The person who is the alleged victim of discrimination under the University’s Anti-Discrimination Policies.
Resolution using alternative dispute resolution mechanisms such as mediation, facilitated dialogue or restorative justice.
Consent to Sexual Activity
Consent to sexual activity is knowing and voluntary.
- Someone who is incapacitated cannot consent.
- Silence or absence of resistance does not establish consent.
- Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
- Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.
- Consent must be obtained at the time of the specific activity and can be withdrawn at any time.
- Lack of consent or withdrawal of consent may be communicated by words or non-verbal acts.
- Coercion and force, or threat of either, invalidates consent.
Dating/Intimate Partner Violence
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the recipient of the violent behavior.
Equity Resolution Appellate Officer
A trained, senior-level administrator appointed by the Chancellor, or a person designated by the Chancellor, to hear all appeals stemming from the Equity Resolution Process.
Equity Resolution Hearing Panel
A group of three (3) trained administrators or staff from the larger group of Equity Resolution Hearing Panelists who serve as the Formal Hearing Panel for a specific complaint.
Equity Resolution Hearing Panelists
A group of at least ten (10) administrators or staff appointed by the Chancellor or designee to serve as hearing panelists in the Formal Resolution Process.
Equity Resolution Process
The step-by-step process outlined in the Collected Rules and Regulations by which complaints of the University’s Anti-Discrimination Policies against students or student organizations are resolved.
Resolution of a complaint by an Equity Resolution Hearing Panel.
"Gender expression" refers to how a person presents themselves—female, male, androgynous, or as another gender—as evidenced by their manner of dress, speech, or other physical expression.
"Gender identity" refers to a person’s internal knowledge of his/her own gender. A person may identify as a gender that does or does not appear to correspond to the sex (male or female) assigned to that person at birth, or the person may identify as neither female nor male.
Sexual contact with someone one knows to be or should know to be incapacitated is a violation of policy. An individual who is incapacitated lacks the capacity to give knowing consent.
- Sexual contact with someone one knows to be or should know to be incapacitated is a violation of policy.
- An individual who is incapacitated lacks the capacity to give knowing consent.
- Incapacitation can be due to the use of drugs or alcohol, when a person is asleep or unconscious, or because of an intellectual or other disability that prevents the individual from having the capacity to give consent.
Resolution of a Complaint by the Appropriate Administrative Officer.
Retaliation is any adverse action taken against a person because of that person’s participation in protected activity. The University strictly prohibits retaliation against any person for making any good faith report or for filing, testifying, assisting, or participating in any investigation or proceeding involving allegations of discrimination in violation of the University’s Equal Employment/Education Opportunity Policy.
Occurs when a person has been treated inequitably based on sex, gender identity, or gender expression. Specifically, the UM System prohibits the following forms of sex discrimination: sexual harassment, sexual misconduct, sexual exploitation, stalking on the basis of sex and dating/intimate partner violence.
Sexual exploitation occurs when one person takes nonconsensual or abusive sexual advantage of another person for his/her own advantage or benefit or for the advantage or benefit of anyone other than the person being exploited and which behavior does not constitute any other form of sexual misconduct. Examples of sexual exploitation include, but are not limited to, the following activities done without the consent of all participants:
- Invasion of sexual privacy;
- Prostituting another person;
- Taping or recording of sexual activity;
- Going beyond the boundaries of consent to sexual activity (letting your friends hide to watch you engaging in sexual activity);
- Engaging in voyeurism;
- Knowingly transmitting an STI, STD, venereal disease or HIV to another person;
- Inducing another to expose their genitals.
Sexual harassment is defined as:
- Unwelcome sexual advances or requests for sexual activity by a person or persons in a position of power or authority to another person, or
- Other unwelcome verbal or physical conduct of a sexual nature by a person to another person, when:
- Submission to or rejection of such conduct is used explicitly or implicitly as a condition for academic or employment decisions; or
- Such conduct creates a hostile environment by being sufficiently severe or pervasive and objectively offensive that it interferes with, limits or denies the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities.
Sexual misconduct is:
- nonconsensual sexual intercourse;
- nonconsensual sexual contact involving the sexual touching of the genitals, breast or anus of another person or the nonconsensual sexual touching of another with one’s own genitals whether directly or through the clothing;
- exposing one’s genitals to another under circumstances in which he or she should reasonably know that his or her conduct is likely to cause affront or alarm; or
- sexual exploitation.
Stalking on the Basis of Sex
Stalking on the basis of sex is following or engaging in a course of conduct on the basis of sex with no legitimate purpose that puts another person reasonably in fear for his or her safety or would cause a reasonable person under the circumstances to be frightened, intimidated or emotionally distressed.
A person having once been admitted to the University who has not completed a course of study and who intends to or does continue a course of study in or through one of the campuses of the University. For the purpose of these rules, student status continues whether or not the University's academic programs are in session.
A recognized student organization which has received Official Approval per Section 250.010 of the Collected Rules and Regulations. Three members of the organization may represent the student organization in all proceedings.