Title IX Definitions and Key Terms

Sexual harassment of a student by a College District employee includes unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when:

1.  A College District employee causes the student to believe that the student must submit to the conduct to participate in a college program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or
2. The conduct is so severe, persistent, or pervasive that it limits or denies the student’s ability to participate in or benefit from the College District’s educational program or activities.

Sexual violence is a form of sexual harassment. Sexual violence includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol or due to an intellectual or other disability.

“Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party's statement 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

“Domestic violence” means violence committed by:

• A current or former spouse or intimate partner of the victim;
• A person with whom the victim shares a child in common;
• A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
• Any other member of the victim’s family as defined by state law;
• Any other current or former member of the victim’s household as defined by state law;
• A person in a dating relationship with the victim as defined by state law; or
• Any other person who acts against the victim in violation of the family violence laws of this state or the jurisdiction where the conduct occurs.

“Stalking” means engaging in 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.

For the purposes of this definition:

1. “Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.

A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that Laredo College investigate the allegations of sexual harassment.

An individual who is alleged to be the victim of conduct that could constitute sexual harassment

An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

The Complainant(s) and Respondent(s), collectively

Notice of sexual harassment or allegations of sexual harassment to Laredo College Title IX Coordinator or any official of Laredo College who has the authority to institute corrective measure on behalf of Laredo College.

When an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct

An employee of Laredo College explicitly vested with the responsibility to implement corrective measures for harassment discrimination, and/or retaliation on behalf of Laredo College

A person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct questioning for the party at the hearing, if any

Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed

The person or persons designated by Laredo College to gather facts about an alleged violation of the policy, assess relevance and credibility, synthesize the evidence, and compile this information into an investigation report of relevant evidence and a file of directly related evidence

The person, panel, and/or Chair who hears evidence, determines relevance, and makes the final determination of whether the policy has been violated and/or assigns sanctions.

Consent consists of mutually understandable words and/or actions which indicate that an individual has freely chosen to engage in sexual activity.

In the absence of such words and/or actions, consent does not exist. Consent may not be inferred from silence, passivity, lack of physical resistance or lack of verbal refusal alone.

• Consent to engage in sexual activity must be knowing and voluntary.
• For example, when any participant is physically forced, passed out, asleep, unconscious or beaten, sexual activity is not knowing and voluntary and therefore not consensual.

• An individual may be found to have been incapacitated if they demonstrate that they were unaware of where they were at the relevant time, how they got there, or why or how they became engaged in a sexual interaction.
• Where alcohol and/or drugs are involved, incapacitation is a state beyond drunkenness or intoxication.