51

Definitions

Policy Definitions

  • Advisor. Any person chosen by a party, or appointed by the College, who may accompany the party to all meetings related to the Resolution Process and advise the party on that process. 
  • Title IX Coordinator. The person with primary responsibility for overseeing and enforcing the 51’s Policy on Sex Discrimination, Sex-Based Harassment, and Retaliation. As used in these policies and procedures, the “Title IX Coordinator” also includes their designee(s). 
  • Appeal Decision-maker. The person or panel who accepts or rejects a submitted appeal request, determines whether any of the grounds for appeal are met, and directs responsive action(s)accordingly.
  • Complainant. A student or employee who is alleged to have been subjected to conduct that could constitute discrimination, harassment, or retaliation under the Policy; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute discrimination or harassment or under the Policy and who was participating or attempting to participate in 51’s education program or activity at the time of the alleged discrimination, harassment or retaliation.
  • Complaint. An oral or written request to 51 that can objectively be understood as a request for 51 to investigate and make a determination about the alleged Policy violation(s).
  • Confidential Employee. 
    • An employee whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this definition, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
    • An employee whom 51 has designated as confidential under this Policy for the purpose of providing services to persons related to discrimination, harassment, or retaliation. If the employee also has a duty not associated with providing those services, the employee’s confidential status only applies with respect to information received about discrimination, harassment, or retaliation in connection with providing those services; or
    • An employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about discrimination, harassment, or retaliation. The employee’s confidential status only applies with respect to information received while conducting the study.
  • Day. A business day when 51 is in normal operation. All references in the Policy to days refer to business days unless specifically noted as calendar days.
  • Decision-maker. The person or panel who reviews evidence, determines relevance, and makes the Final Determination of whether Policy has been violated and/or assigns sanctions.
  • Education Program or Activity. Locations, events, or circumstances where 51 exercises substantial control over the context in which the discrimination, harassment, and/or retaliation occurs and also includes any building owned or controlled by a student organization that 51 officially recognizes.
  • Employee. A person employed by 51 either full- or part-time, including student employees when acting within the scope of their employment. 
  • Final Determination. A conclusion by the standard of proof that the alleged conduct did or did not violate Policy. 
  • Finding. A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
  • Informal Resolution. A resolution agreed to by the Parties and approved by the Title IX Coordinator that occurs prior to a Final Determination in the Resolution Process.
  • Investigation Report. The Investigator’s summary of all relevant evidence gathered during the investigation. Variations include the Draft Investigation Report and the Final Investigation Report.
  • Investigator. The person(s) authorized by 51 to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report. The Investigator may also be the Decision-Maker.
  • Knowledge. When 51 receives Notice of conduct that reasonably may constitute harassment, discrimination, or retaliation in its Education Program or Activity.
  • Mandated Reporter. An 51 employee who is obligated by Policy to share Knowledge, Notice, and/or reports of discrimination, harassment, and/or retaliation with the Title IX Coordinator.*
  • Notice. When an employee, student, or third party informs the Title IX Coordinator of the alleged occurrence of discriminatory, harassing, and/or retaliatory conduct. 
  • Parties. The Complainant(s) and Respondent(s), collectively. 
  • Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom.
  • Protected Characteristic. Any characteristic for which a person is afforded protection against discrimination and harassment by law or 51 Policy.
  • Relevant Evidence. Evidence that may aid a Decision-maker in determining whether the alleged discrimination, harassment, or retaliation occurred, or in determining the credibility of the Parties or witnesses.
  • Remedies. Typically, post-resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to 51’s Education Program and Activity. 
  • Resolution Process. The investigation and resolution of allegations of prohibited conduct under this Policy, including Informal Resolution and Administrative Resolution
  • Respondent. A person who is alleged to have engaged in conduct that could constitute discrimination, harassment, or retaliation for engaging in a protected activity under this Policy.
  • Sanction. A consequence imposed on a Respondent who is found to have violated this Policy.
  • Sex. Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
  • Student. Any person who has gained admission.
  • Title IX Coordinator. At least one official designated by 51 to ensure ultimate oversight of compliance with Title IX and 51’s Title IX program. References to the Coordinator throughout the Policy may also encompass a designee of the Coordinator for specific tasks. 

*Not to be confused with those mandated by state law to report child abuse, elder abuse, and/or abuse of persons with disabilities to appropriate officials, though these responsibilities may overlap with those who have mandated reporting responsibility under this Policy.