Title IX Terms & Definitions

Bullying and Cyber-Bullying are repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally that is not speech or conduct otherwise protected by the First Amendment on the basis of actual or perceived membership in a protected class.

The bystander intervention model focuses on helping community members understand and become more sensitive to issues of sexual assault, domestic violence, dating violence, and stalking by teaching prevention and interruption skills. The bystander role includes interrupting situations that could lead to assault before it happens or during an incident; speaking out against social norms that support sexual assault, domestic violence, dating violence, and stalking; and having skills to be an effective and supportive ally to survivors.

Coercion is unreasonable pressure for sexual activity; pressure that continues after a person(s) has indicated the first time that they do not want to go further.  Example: when person “A” makes it clear they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, but continued pressure to engage in sexual activity by person “B” continues, is considered coercion.

There are two confidential sources on campus to whom one may report, meaning they are not required to report actual or suspected discrimination or harassment, thereby offering options and advice without any obligation to inform the Title IX Coordinator. These confidential sources are the Counseling Center and the Wellness Center in the course and scope of their duties.  They will maintain confidentiality except in extreme cases of immediate threat or danger, or abuse of a minor.

An explicitly communicated, reversible mutual agreement in which all parties are capable of making a decision. Consent is informed, voluntary, and actively given and exists when all parties exchange mutually understandable affirmative words or behavior indicating their agreement to participate voluntarily in sexual activity. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding willingness to engage in (and the conditions of) sexual activity. Consent to any one form of sexual activity cannot automatically imply consent to any other form of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts. Consent can be withdrawn once given, as long as that withdrawal is clearly communicated.  In order to give consent, one must be of legal age. Sexual activity with someone you know to be or should know to be incapacitated constitutes a violation of this policy.

Discrimination is defined as actions that deprive other members of the community of educational or employment access, benefits, or opportunities on the basis of their actual or perceived membership in a protected class.

Students, staff, administrators, and faculty are entitled to a working environment and educational environment free of discriminatory harassment. Embry-Riddle Aeronautical University’s harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive subject matters protected by academic freedom.  The sections below describe the specific forms of legally prohibited harassment that are also prohibited under University policy.

Force is the use of physical violence and/or imposing on someone physically or verbally to gain sexual access. It includes, but is not limited to coercion, intimidation, and physical violence.

Hazing are acts likely to cause physical or psychological harm or social ostracism to any person within the university community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy) on the basis of actual or perceived membership in a protected class. Hazing is also illegal under Arizona State law and prohibited by University policy.

A hostile environment may be created by oral, written, graphic, and physical conduct that is sufficiently severe, persistent, or pervasive 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.

Offensive conduct and/or harassment that does not rise to the level of discrimination or that is of a generic nature not on the basis of a protected status may not result in the imposition of discipline under University policy, but may by other conflict resolution mechanisms.  

Incapacitation is the inability, temporarily or permanently, to give consent, because the individual is mentally and/or physically impaired, from developmental disability, by alcohol or other drug consumption, either voluntarily or involuntarily, or the individual is unconscious, asleep, involuntarily physically restrained, or otherwise unaware that the sexual activity is occurring.  An individual is incapacitated when s/he is not able to make rational, reasonable judgments, such as demonstrating that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual activity.  Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication.  Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements (such as walking without assistance), being unaware of circumstances or surroundings, or being unable to communicate for any reason.

Dating violence, domestic violence, or relationship violence. Intimate partner violence includes physically, sexually, economically and/or psychologically abusive behavior that arises in the form of a direct violent act, or indirectly as acts that expressly or implicitly threatens violence.  Intimate partner violence also occurs when one partner attempts to maintain power and control over the other through one or more forms of abuse, including sexual, physical, verbal, or emotional abuse.

Intimidation are implied threats or acts that cause an unreasonable fear of harm in another on the basis of actual or perceived membership in a protected class.

The standard of proof that must be used in the University’s Title IX resolution process, including fact finding and resolution procedures for resolving complaints of sexual violence and other civil rights equity matters. The preponderance of the evidence standard shows that it is more likely than not that a situation occurred. 

Records of all grievances and resolutions will be kept by the Title IX Coordinator indefinitely in the Title IX Coordinator database.

The individual(s) who is the recipient of unwelcome sexual, gender related, discriminatory, and/or other harassment behaviors by another person(s). While a “Third Party Reporter” is a person that files a report on behalf of, or out of concern for another; where they believe another person(s) is the recipient of alleged policy violations.

The individual(s) who has been alleged / accused of violating the Civil Rights Equity and Sex / Gender Based Harassment, Discrimination, and Sexual Misconduct Policy (also known as Title IX Policy).

Retaliation is defined as attempts or acts to seek retribution including, but not limited to, any form of intimidation, reprisal, harassment, depriving participation in activities, or intent to prevent participation in University proceedings under this Policy. Retaliation may include continued abuse or violence, other harassment, and slander and libel. Retaliation against an individual for an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a serious violation of University policy.

Sanctions are mandates that come out of being found responsible for a policy violation. Possible student sanctions include warning, probation, housing move, housing suspension, suspension, dismissal, withholding diploma, organizational sanctions, educational opportunities, or other actions. Possible employee sanctions include written warning, performance improvement plan, referral to the employee assistance program, required training or education, removal from roles of supervision or advising, demotion, loss of annual pay increase, suspension without pay, suspension with pay, revocation of tenure, or termination.

Sexual exploitation is an act that involves taking non-consensual, unjust, humiliating, or abusive sexual advantage of another, for their own advantage or to benefit anyone other than the Reporting Party. Examples of sexual exploitation include, but are not limited to:

1. Creating picture(s), movie(s), webcam, tape recording(s), graphic written narrative(s), or other means of memorializing sexual behavior, or a state of undress, of another person without the other’s knowledge and consent; 
2. Sharing picture(s), movie(s), webcam, tape recording(s), graphic written narrative(s), or other means of memorializing sexual behavior, or a state of undress, of another person without the other’s knowledge and consent; 
3. Observing, or assisting others, with the observation of sexual behavior or a state of undress of another person without the knowledge and consent of that person; 
4. “Peeping Tom” or voyeuristic behaviors; 
5. Engaging in sexual behavior with knowledge of an illness or disease (HIV, STD, or STI) that could be transmitted by the behavior without full and appropriate disclosure to the partner(s) of all health and safety concerns; 
6. Engaging in or attempting to engage others in “escort services” or “dating services”, which include or encourage sexual behavior in exchange for money or other benefit or reward; 
7. Purposefully providing drugs or alcohol to a person for personal gain; 
8. Exposing another person to pornographic material without the person’s advance knowledge or consent;
9. Intentionally or recklessly exposing one’s genitals in non-consensual circumstances;
10. Sexually-based stalking and/or bullying.

Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other sex-based and/or gender-based physical, written, visual, or verbal conduct of a sexual nature where: 

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; or

2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or

3. Such conduct has the purpose or effect of:

a. unreasonably interfering with an individual’s academic, social or professional performance; or

b. creating an intimidating, hostile, or demeaning employment or educational environment.

Stalking occurs when a person engages in a course of conduct or repeatedly commits acts toward another person, under circumstances that would: 

1. Place the person in reasonable fear for safety, or of harm or bodily injury to self or others; or 
2. Reasonably cause substantial emotional distress to the person. A course of conduct refers to a pattern of behavior of two (2) or more acts over a period of time that can be reasonably regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party. The feared harm or injury may be physical, emotional, or psychological, or related to the personal safety, property, education, or employment of that individual. Stalking may involve individuals who are known to one another or have an intimate or sexual relationship, or may involve individuals who are unknown to one another.

A person selected by a Reporting Party or a Responding Party to provide support and/or advice. The Advisor may not serve as a witness. All parties have the same opportunities to have an Advisor present at any institutional meeting or proceeding, and to have the same opportunity to be accompanied by an Advisor of their choosing, including a lawyer.

The Title IX Coordinator collaborates across campus constituencies to foster a safe, welcoming, and respectful environment for all members of the ERAU community. The Title IX Coordinator provides institutional leadership on this policy, ensuring the University is in compliance with federal law and state statutes; oversees the centralized review, investigation and resolution of all ¬¬complaints related to sexual misconduct, gender-based harassment, dating or domestic violence, and stalking; other civil rights equity complaints, and ensures a fair and equitable process for all involved. 

The Investigator communicates, takes statements, and collects information and evidence from all parties (Reporting Party, Responding Party, Witnesses, Third Party Reporters, and others) surrounding alleged violation(s) of this policy. The Investigator prepares a report of all details and submits the information to the Title IX Coordinator.   

Includes fighting, threats, harassment, coercion, and/or other conduct or action that threatens the health and safety of any person based on their actual or perceived membership in a protected class.