More definitions can be found in Viterbo University's Title IX: Prohibition of Sexual Harassment Policy.

Sexual harassment under Title IX means conduct on the basis of sex that satisfies one or more of the following:

  • An employee of the university conditioning the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct;
  • Unwelcome conduct that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity; or
  • Sexual assault, dating violence, domestic violence, or stalking.

Sexual assault is an umbrella term that refers to any sexual act directed against another person, without that person’s consent including instances where the person is incapable of giving consent. The term includes but is not limited to non-consensual sexual contact, rape, incest, and statutory rape.

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 complainant. The existence of such a relationship will be determined with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Domestic violence means conduct that would meet the definition of a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth complainant who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

Stalking means engaging in conduct directed at a specific person that would cause a safe reasonable person to fear for their safety or the safety of others or to suffer substantial emotional distress. Examples include 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.

Consent means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. The following persons are presumed incapable of consent: a person suffering from a mental illness or defect which impairs capacity to appraise personal conduct, and a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

Complainant means an individual who is alleged to be the subject of sexual harassment.

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

Formal complaint means a document filed by a complainant or signed by the Title IX Coordinator, alleging sexual harassment against a respondent, and requesting the university to investigate the allegation of sexual harassment.