4.4.3 : Related Definitions
Consent:Under Illinois law, “Consent” is defined as “a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.” Additionally, “a person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.”
No purported consent will be valid when a person is unable to understand the nature of the activity or cannot consent based on circumstances including but not limited to:
1. Full or partial incapacitation due to the influence of drugs or alcohol;
2. The person is asleep or unconscious;
3. The person is not of legal age to consent; or
4. The person is incapacitated due to a mental disability.
Complainant:Complainant is defined under this policy as an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.
Employee:Employee means any person employed by the University, whether as a faculty or staff member, whether full-time, part-time, adjunct, tenure-track, or non-tenure track.
Force: Force means physical force, violence, threat, intimidation, or coercion.
Formal Complaint: The term “formal complaint” as used throughout this policy is defined as a physical or electronic document signed by a complainant alleging Sexual Harassment against a respondent and requesting that the University investigate the allegation of Sexual Harassment. At the time the complainant submits a formal complaint, the complainant must be participating in, or attempting to participate in, one or more of the University’s Education Programs or Activities.
In any case where a Complainant elects not to file a formal complaint, the Title IX Coordinator may file a formal complaint on behalf of the University based on reported information so long as the filing is not clearly unreasonable under the facts and circumstances.
Hearing Officer: Hearing Officer is defined under this policy as an individual who has been assigned under this policy to conduct the hearing phases of the grievance process.
Investigating Officer: Investigating Officer is defined under this policy as an individual who has been assigned under this policy to conduct the investigation phase of the grievance process.
Respondent: Respondent is defined under this policy as an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment.
University:University means Greenville University, Greenville, Illinois.
University Community: For purposes of this policy, “University community” includes students, faculty, administrators, staff, volunteers, vendors, independent contractors, visitors, and any individuals regularly or temporarily employed, studying, living, visiting, conducting business, or having any official capacity with the University or on university property.
University Student:University student means any student who is registered or enrolled at the University at the time of the alleged sex discrimination.