TITLE IX 101

TITLE IX KEY TERMS

Consent: Clear, voluntary words or actions that give permission for specific sexual activity. 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. Consent can be withdrawn once given, as long as that withdrawal is clearly communicated, and once consent is withdrawn, sexual activity must stop.

• Consent is NOT
  • Silence - Silence cannot be interpreted as consent.
  • Lack of Resistance - There is no duty to fight off a sexual aggressor or a requirement of resistance, but resistance is a clear demonstration of non-consent.
  • Previous Relationship - Previous relationships or prior consent cannot imply consent to future sexual acts.
• Consent CAN NOT be given when:
  • A person is underage
  • A person is intoxicated or incapacitated by drugs or alcohol
  • A person is asleep or unconscious
  • A person agrees to an activity under pressure of intimidation or threat
  • There are unequal power dynamics, such as between a professor and their student

Sexual Harassment: Inappropriate conduct on the basis of sex or gender (or perceived sex or gender), including the following:

• An employee of Lyon exploits an individual by offering aid, benefit, or service on the condition of the individual's participation in unwelcome sexual conduct (Ex: A professor offers a student higher grades in exchange for sexual intercourse)
• Unwelcome conduct determined to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Lyon programs and activities (Ex: A student stops attending a course because a classmate keeps making sexually suggestive comments about them)
• Sexual assault, dating violence, domestic violence, or stalking as defined below

Sexual Assault: Any non-consensual sexual contact (the deliberate touching of a person's intimate parts or causing a person to touch another's intimate parts) or non-consensual sexual intercourse (any penetration by a penis, tongue, finger, or an inanimate object without consent). Sexual assault can occur either forcibly and/or against a person's will, or when a person is incapable of giving consent.

Domestic and Dating Violence: Violence or abuse between those in intimate interaction and/or relationship with each other. This can be between married individuals or non-married individuals who have a dating relationship or other intimate relationship. This includes physical assault, psychological abuse, manipulation, forcing a partner to use one type of birth control over another or none at all despite the stated desire of one partner.

Stalking: A pattern of behavior that is unwelcome and that would cause a reasonable person to fear for their or another's safety, or to suffer substantial emotional distress.

• Stalking includes
  • A series of acts over any period of time which is repetitive and menacing
  • Pursuit, following, harassing, and/or interfering with the peace and/or safety of another (Ex: Cyberstalking - the use of the internet and other technologies to harass another person)
  • Any credible threat to the victim that causes reasonable fear for the safety of the victim, the victim's family members, or others closely associated with the victim, regardless of whether the perpetrator actually intends to go through with the threats
     

KNOW YOUR RIGHTS

Rights of the Complainant 

1. The Complainant may have their Lyon College Title IX Advisor present during the investigative process. If the College's Title IX Advisor is not utilized, the Complainant may select an alternative Advisor of their choice. This person will act as a support person or advisor but will not represent the Complainant.
2. The Complainant has the right to have College policies and procedures followed without material deviation.
3. The Complainant has the right to be informed in advance of any public release of information regarding the incident and the right not to have any personally identifiable information released to the public without their consent.
4. The Complainant has the right to be informed by College officials of options to notify proper law enforcement authorities, including local police, and to be assisted by campus authorities in notifying such authorities if the Complainant so chooses. This also includes the right not to be pressured to report as well.
5. The Complainant will be afforded similar and timely access to any information that will be used during the investigation process.
6. The Complainant will be given periodic status updates throughout the process, which generally takes sixty (60) days.
7. The Complainant will have an equal opportunity to present relevant witnesses and other information during the process.
8. The Complainant will never be questioned directly by or be in the presence of the Respondent during the investigation process.
9. The Complainant may submit a list of questions related to the alleged incident they feel the Respondent should be asked during the investigation process. Questions asked are at the discretion of the Investigator(s).
10. The Complainant’s irrelevant past conduct, including sexual history, will not be discussed or used during the investigation process except as otherwise set out in this Policy.
11. The Complainant has the right to know the outcome of the disciplinary process. There is no limitation on the re-disclosure of this information.
12. The Complainant has the right to a decision based solely on the evidence presented during the resolution process. Such evidence shall be credible, relevant, based in fact, and without prejudice.
13. The Complainant has the right to appeal the outcome of the investigative findings and any subsequent sanctions, as set out in this Policy.
14. The Complainant has the right to be treated with respect by College officials.
15. The Complainant has the right to be notified of available counseling, mental health, medical, or student services for victims of sexual assault or gender-based misconduct both on campus and in the community.
16. The Complainant has the right to preservation of privacy, to the extent possible and allowed by law.

Rights of the Respondent

1. Respondents may have their Lyon College Title IX Advisor present during the investigative process. If the College Advisor is not utilized, a Respondent may select an alternative Advisor of their choice. This person will act as a support person or advisor but will not represent the Respondent.
2. Respondents have the right to have College policies and procedures followed without material deviation.
3. Respondents have the right to be informed in advance of any public release of information regarding the incident and the right not to have any personally identifiable information released to the public without consent.
4. Respondents will be afforded similar and timely access to any information that will be used during the investigation process.
5. Respondents will be given periodic status updates throughout the process, which generally takes sixty (60) days.
6. Respondents will have an equal opportunity to present relevant witnesses and other information during the process.
7. Respondents will never be questioned directly by or be in the presence of the Complainant during the investigation process.
8. Respondents may submit a list of questions related to the alleged incident they feel the Complainant should be asked during the investigation process. Questions asked are at the discretion of the Investigator(s).
9. Respondents have the right to a decision based solely on the evidence presented during the resolution process. Such evidence shall be credible, relevant, based in fact, and without prejudice.
10. Respondents’ irrelevant past conduct, including sexual history, will not be discussed or used during the investigative process.
11. Respondents have the right to know the outcome of the investigative process. There is no limitation on the re-disclosure of this information.
12. Respondents have the right to appeal the outcome of the investigative findings and any subsequent sanctions.
13. Respondents have the right to be treated with respect by College officials.
14. Respondents have the right to be informed of and have access to campus resources for medical, counseling, and advisory services.
15. Respondents have the right to preservation of privacy, to the extent possible and allowed by law.

HOW IT WORKS