Appeal Authority: refers to the powers and functions of both the Appeal Board and the Appeal Officer, or designated alternate, when acting in their appeal capacity.
Complainant: is the person who is alleging a violation of the Gender-Based or Sexual Misconduct Policy. (February 3, 2015)
Conduct Administrator: presents the information gathered to the Hearing Authority during the conduct hearing process. The Conduct Administrator is a representative of the Office of Student Conduct.
Consent: is a voluntary agreement to engage in sexual activity: someone who is incapacitated cannot consent; past consent does not imply future consent; silence or an absence of resistance does not imply consent; consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another; consent can be withdrawn at any time; and coercion, force, or threat of either invalidates consent. Checklist for Campus Sexual Misconduct Policies,notalone.gov 2014. (Revised August 25, 2014)
Crime of Violence: includes but is not limited to, the following offenses: arson, assault, criminal homicide-manslaughter by negligence, criminal homicide-murder and non-negligent manslaughter, destruction/damage/vandalism of property, kidnapping/abduction, robbery, forcible sex offenses and non-forcible sex offenses as defined in the Family Educational Rights and Privacy Act (FERPA).
Dating Violence: is violence committed by a person: A. who is or has been in a social relationship of a romantic or intimate nature with the victim; and B. where the existence of such a relationship shall be determined based on a consideration of the following factors: i) the length of the relationship; ii) the type of relationship; iii) the frequency of interaction between the persons involved in the relationship. As defined by Violence Against Women Act (3/7/2013)
Domestic Violence: includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with who the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s act under the domestic or family violence laws of the jurisdiction. As defined by Violence Against Women Act (3/7/2013)
Force: use of physical violence and/or imposing on someone physically to gain sexual access. (February 3, 2015)
Furnishing Alcohol to Minors: any situation where an individual gives alcohol to someone under the age of 21, purchases alcohol for someone under the age of 21, or allows anyone under the age of 21 to possess or consume alcohol on the premises owned or controlled by that person.
Hearing Authority: refers to the powers and functions of both the Administrative Hearing Officers and the University Hearing Board.
Hostile Environment Harassment: conduct that has the purpose or effect of unreasonably interfering with an individual’s work or learning performance or creating an intimidating, hostile or offensive work or learning environment. (February 3, 2015)
Incapacitated: when a person is asleep or unconscious due to the use of drugs or alcohol, or because of an intellectual or other disability that prevents the student from having the capacity to give consent.) Checklist for Campus Sexual Misconduct Policies, notalone.gov 2014. (Revised August 25, 2014)
Intimidation of witnesses or victims :(a) Offense defined.--A person commits an offense if, with the intent to or with the knowledge that his conduct will obstruct, impede, impair, prevent or interfere with the administration of criminal justice, he intimidates or attempts to intimidate any witness or victim to:(1) Refrain from informing or reporting to any law enforcement officer, prosecuting official or judge concerning any information, document or thing relating to the commission of a crime. (2) Give any false or misleading information or testimony relating to the commission of any crime to any law enforcement officer, prosecuting official or judge. (3) Withhold any testimony, information, document or thing relating to the commission of a crime from any law enforcement officer, prosecuting official or judge. (4) Give any false or misleading information or testimony or refrain from giving any testimony, information, document or thing, relating to the commission of a crime, to an attorney representing a criminal defendant. (5) Elude, evade or ignore any request to appear or legal process summoning him to appear to testify or supply evidence. (6) Absent himself from any proceeding or investigation to which he has been legally summoned. PA STATUTE: § 4952 (February 3, 2015)
Investigator: faculty member or administrator designated to investigate an allegation of a violation of the Gender-Based or Sexual Misconduct Policy. (February 3, 2015)
Preponderance of Evidence: characterizes the burden of proof in disciplinary proceedings. A preponderance of evidence means a greater weight of evidence or more likely than not. Even in cases which make reference to federal, state, or local criminal statutes or ordinances, the burden of proof in University conduct proceedings remains as a preponderance of evidence.
Respondent: person whose actions are alleged to have violated the Gender Based or Sexual Misconduct Policy. (February 3, 2015)
Retaliation: no faculty, administrator, staff, student, applicant for employment, or member of the public may be subject to restraint, interference, coercion, or reprisal for action taken in good faith to seek advice concerning a sexual misconduct matter, to file a sexual misconduct complaint, or to serve as a witness in the investigation of a sexual misconduct complaint. Retaliation is a separate charge from sexual misconduct and may be cause for discipline apart from the outcome of the initial complaint. That is, retaliation can be found to have occurred even if there is no finding of a policy violation under the original complaint. (February 3, 2015)
Sexual Assault: Non-consensual sexual contact, non-consensual sexual intercourse. (February 3, 2015)
Sexual Exploitation of Children: sexual exploitation of children is committed if a person procures for another person a child under 18 years of age for the purpose of sexual exploitation. (b) An offense under this section is a felony of the second degree. (c) As used in this section, Per Megan’s Law, the following words and phrases shall have the meanings given to them in this subsection: "Procure" - To obtain or make available for sexual exploitation. “Sexual Exploitation"- Actual or simulated sexual (February 3, 2015)
Sexual Harassment: unwelcome conduct of a sexual nature that has the purpose or effect of interfering with a person’s education or employment. (February 3, 2015)
Stalking: engaging in a course of conduct directed at a specific person that could cause a reasonable person to: fear for his or her safety or the safety of others; or suffer substantial emotional distress. As defined by Violence Against Women Act (3/7/2013)
Student: includes all persons taking courses at the University, both full-time and part-time. Persons who are not officially enrolled for a particular term, but who have a continuing relationship with the University, are considered students.
Student Organization: any number of persons who have complied with the formal requirements for University recognition; or is any number of persons comprised primarily of students who use University facilities or services; or any organization which identifies itself with the University and presents programs or activities in the University community directed primarily to students.
Title IX Coordinator: official responsible for implementing and monitoring Title IX compliance efforts on behalf of the University. The Title IX Coordinator will: 1. Serve as a resource for students wishing to report any acts of sexual violence or sexual harassment, i.e. violations of Title IX; 2. Provide oversight for all Title IX complaints and identify patterns, issues or problems regarding those same complaints; 3.Review and support the informational initiatives enabling students, staff and faculty to fully understand sexual violence and sexual harassment as forms of sexual discrimination and further educate the community about University policies and procedures. (February 3, 2015)
University means Slippery Rock University.
University Community: refers to the greater Slippery Rock area including the local citizens, businesses, and law enforcement agencies serving the University and region.
University Official: applies to faculty members, administrators, Residence Life Assistant Directors, Community Assistants, facility managers, and University police officers or other representatives employed by the University performing assigned administrative or professional responsibilities.
Weapons: includes but is not limited to any firearm, pistol, revolver, rifle, shotgun, BB/pellet gun, paintball gun or any weapon designed or intended to propel a missile of any kind or any stun gun, taser, bow and arrow or any switchblade knife, field knife, sword or any other knife having a blade of three or more inches, straight edge razor, batons, metal knuckles, blackjack, or any martial arts weapon. Other items may be considered weapons if used or brandished in a threatening manner such as lighters, baseball bats, hockey sticks, tire irons, etc.