Title IX Terms
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Complainant refers to an individual who alleges that they experienced sexual misconduct or discrimination that could violate the Liberty University Sexual Misconduct Policy or the Non-Discrimination & Equal Opportunity Policy
What does Respondent mean?
Third-Party refers to a person who is not a university student or employee (e.g., vendors, contractors, alumni, visitors, volunteers, College for a Weekend (CFAW) attendees, etc.). A Third Party may be a reporting party, a Complainant, a Respondent, or a Witness.
Who is a Witness?
Witness refers to a person who may have information relevant to a Report or Formal Complaint of conduct that could violate the Liberty University Sexual Misconduct Policy or the Non-Discrimination & Equal Opportunity Policy. This includes a person who may have observed the acts in question, who may be able to provide contextual information, or who may have other related information. A Witness may be a student, an employee, or a Third-Party.
What is a Report?
A Report is an account of Prohibited Conduct that allegedly occurred that has been provided to the university by the Complainant, a Witness, or an anonymous source.
What is a Formal Complaint?
A Formal Complaint is a document filed by a Complainant or signed by the Title IX Coordinator alleging a violation of the Liberty University Sexual Misconduct Policy and requesting that the university investigate the allegation of the policy violation. A Formal Complaint begins the complaint resolution process as set forth in section 10 General Provisions for Complaint Resolution Process below. For more information on the OEC processes, please view our flow chart.
What is Sexual Misconduct?
Sexual Misconduct, as used in the Liberty University Sexual Misconduct Policy, means the following forms of sex discrimination and other misconduct: Title IX Sexual Harassment, Non-Title IX Sexual Harassment, Sexual Assault, Stalking, Domestic Violence, Dating Violence, and Sexual Exploitation.
What is Prohibited Conduct?
The university strictly prohibits the following offenses: Title IX Sexual Harassment, Non-Title IX Sexual Harassment, Sexual Assault, Stalking, Domestic Violence, Dating Violence, and Sexual Exploitation, as well as discrimination and harassment based on a legally protected status.
What is Confidentiality?
Liberty is committed to protecting the privacy of all individuals involved in a Report or Formal Complaint of Prohibited Conduct. The university will protect a Complainant’s confidentiality to the extent possible, regardless of whether the Complainant specifically requests confidentiality, and will keep confidential the identity of any individual who has made a report or filed a Formal Complaint alleging a violation of this Policy, as well as any Complainant, Respondent, and Witness, except as permitted by law or to carry out the complaint resolution process pursuant to this Policy.
What is Coercion?
Coercion is conduct or intimidation that would compel an individual to do something against their will by: (1) the use of physical force, (2) threats of severely-damaging consequences, or (3) pressure that would reasonably place an individual in fear of severely-damaging consequences.
What does Incapacitation Mean?
Incapacitation means the physical and/or mental inability to understand the fact, nature, or extent of the sexual situation. Incapacitation may result from mental or physical disability, sleep, unconsciousness, involuntary physical restraint, or from the influence of drugs or alcohol.