Section 5: Definitions

The following policy (procedure) is under review by the college following adoption of new regulations by the U. S. Department of Education. Revised or new policy (procedures) will be adopted by the college on or before August 14, 2020.  Please check this page for updates.

 

As used in this policy, the following phrases and words shall have the meanings set forth below:

Complainant(s) – This term includes persons claiming to be a victim of Sexual Misconduct and, as appropriate, persons reporting Sexual Misconduct. 

Consent - Verbal statements that a reasonable person would understand to mean a voluntary agreement to engage in sexual activity. Someone who is incapacitated, by age, intoxication, or other circumstances, 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 Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent.

Counseling Employees - Pastoral and professional counselors employed by the College in these roles who are licensed by the Commonwealth of Kentucky and other non-licensed employees working under the direct supervision and control of licensed employees such that non-licensed employees are covered by the licensed employees’ statutory privilege.

Dating Violence - 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 the relationship, and Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse, but it does not include acts covered under the definition of Domestic Violence.

Domestic Violence - A felony or misdemeanor crime of violence committed by: (a) a current or former spouse or intimate partner of the victim, (b) a person with whom the victim shares a child in common, (c) a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner, (d) a person similarly situated to a spouse of the victim under any applicable domestic or family violence laws, or (e) any other person against an adult or youth victim who is protected from that person’s acts under any applicable domestic or family violence laws.

Educational Setting - All of the College’s academic programs and other activities of whatever nature on the College’s campus, the College’s farms, forest, other property owned by the College and at every other location where the College conducts authorized programs or activities.

Incapacitation - Any situation in which a person is incapable of giving consent due to the person’s age, state of consciousness, use of drugs or alcohol, or an intellectual or other disability.

Intimidation - The intentional act of coercing or frightening someone to engage or not engage in conduct of a sexual nature against that person’s will.

Hostile Environment - “Hostile Environment” means activity or conduct involving Sexual Harassment that is sufficiently serious that it interferes with or limits a person’s ability to participate in or benefit from the College’s program.

Non-Consensual Sexual Contact - Any physical touching of a sexual nature that is not preceded by consent or that continues after a previous consent is withdrawn.

Non-consensual sexual intercourse - Any sexual intercourse that is not preceded by consent or which continues after a previous consent is withdrawn. “Sexual intercourse” includes vaginal or anal penetration by a penis, object, tongue, or finger and oral copulation.

Responsible Employees - The President, Vice Presidents of the College, the Title IX Coordinator and Title IX Officers, faculty members, labor supervisors, student life team members, resident advisors (RAs) and their supervisors, and College security officers are Responsible Employees.

Retaliation - The act of seeking revenge upon another person.

Sexual Assault - An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting program.

Sexual Exploitation - The abuse of a position of vulnerability, differential power, or trust for sexual purposes.

Sexual Harassment - Unwelcome conduct of a sexual nature. Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a requirement of employment or participation in a College program or activity, or (2) submission to or rejection of such conduct by an individual is used as the basis for employment, grading or other College decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working, academic, or campus environment.

The College recognizes two types of sexual harassment: quid pro quo (something for something) and hostile environment misconduct. Quid pro quo harassment occurs where sexual activity is sought in exchange for an actual, tangible job or academic benefit. Hostile environment misconduct takes place where the conduct creates an environment in which an individual’s professional or academic performance is impaired or such person’s ability to function within the College community is hindered. 

Sexual Violence - Physical sexual acts perpetrated against a person’s will or with a person who suffers from incapacitation. “Sexual Violence also means same-sex conduct that violates the College’s prohibition on Sexual Violence. Sexual Violence includes, but is not limited to, instances of Sexual Assault.

Sexual Misconduct - Any act of Sexual Harassment, Sexual Violence, Sexual Assault, Non-consensual Sexual Contact, non-consensual sexual intercourse, Sexual Exploitation, stalking, intimidation, Dating Violence, or Domestic Violence, or any act that creates a Hostile Environment or any act of retaliation against a Complainant or anyone involved in a grievance procedure under this policy.

Stalking - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s safety or the safety of others, or (b) suffer substantial emotional distress. As used in this definition, “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; “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and “reasonable person” means a person under similar circumstances and with similar identities to the victim.

Title IX Coordinator - The person designated as such by the President of the College or a person temporarily designated by the Title IX Coordinator to serve in that capacity during the Title IX Coordinator’s incapacity or absence from the College’s campus.