Where starred (*), the terms listed herein are defined as stated in the Louisiana Board of Regents’ Uniform Policy on Sexual Misconduct.
- Advisor: is any individual who provides Complainant or Respondent support, guidance, or advice.
- Appeal: is the process by which Complainant or Respondent may challenge the Investigative Finding and/or sanction(s).
- Appeal Hearing: is a component of the Appeal process in which the Appeal Panel considers evidence and makes a determination of whether a Policy violation occurred, and if so, what sanction(s) should be imposed.
- Appeal Panel: is the group of individuals appointed by the President to make determinations of whether a Policy violation occurred, and if so, what sanction(s) should be imposed based on evidence presented during an Appeal Hearing.
- Coercion*: is the use of express or implied threats, Intimidation, or physical force which places an individual in fear of immediate harm or physical injury or causes a person to engage in unwelcome sexual activity. Coercion also includes administering a drug, intoxicant, or similar substance with the intent to impair that person’s ability to Consent prior to engaging in sexual activity.
- Complainant: is the person alleged to have been affected by Prohibited Sexual Conduct in violation of the Policy. The Complainant is referred to as the Alleged Victim in the Board of Regents’ definitions.
Confidential Advisor: individuals designated, to the extent authorized under law, to provide confidential services to students.
- a. The Confidential Advisor shall be authorized to advise Complainant of, and provide written information regarding, both Complainant’s rights and the University’s responsibilities regarding orders of protection, no-contact orders, restraining orders, or similar lawful orders issues by a court of competent jurisdiction or by the University.
- b. The Confidential Advisor shall be authorized to liaise with appropriate staff at the University to arrange reasonable accommodations through the University to allow Complainant to change living arrangements or class schedules, obtain accessibility services, or arrange other accommodations. The same accommodations that are offered to Complainant may be offered to Respondent. Any requests for accommodations shall not trigger an Investigation by the University.
- c. The Confidential Advisor shall be authorized to accompany Complainant, when requested to do so by Complainant, to interviews and other proceedings of a campus Investigation and University disciplinary proceedings.
- d. The Confidential Advisor may, as appropriate, serve as a liaison between Complainant and the University or local law enforcement when directed to do so in writing by Complainant who has been fully and accurately informed about what procedures shall occur if information is shared, and assist Complainant in contacting and reporting to a responsible employee or local law enforcement.
- e. The Confidential Advisor shall not be obligated to report crimes to the University or law enforcement in a way that identifies an Complainant or Respondent, unless otherwise required to do so by law.
Consent*: Consent to engage in sexual activity must exist from beginning to end of each instance of sexual activity. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in a specific sexual activity. Silence alone, without actions evidencing permission, does not demonstrate Consent. Consent must be knowing and voluntary. To give Consent, a person must be of legal age. Assent does not constitute Consent if obtained through Coercion or from an individual whom the Alleged Offender [here, Respondent] knows or reasonably should know is Incapacitated. The responsibility of obtaining Consent rests with the person initiating sexual activity. Use of alcohol or drugs does not diminish one’s responsibility to obtain Consent. Consent to engage in sexual activity may be withdrawn by any person at any time. Once withdrawal of Consent has been expressed, the sexual activity must cease. Consent is automatically withdrawn by a person who is no longer capable of giving Consent. A current or previous consensual dating or sexual relationship between the Parties does not itself imply Consent or preclude a finding of responsibility.
- Note: Consent is a voluntary agreement to engage in sexual activity. Consent to engage in sexual activity with one person does not imply Consent to engage in sexual activity with another. Coercion, force, or threat of either invalidates Consent.
Dating Violence*: is
- a. Dating Violence definition in Clery Act: Violence, including but not limited to sexual or physical abuse or the threat of such abuse, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Alleged Victim [here, Complainant]. The existence of such a relationship will be determined based on a consideration of the length and type of relationship and the frequency of interaction.
b. Dating Violence definition in Louisiana law: “Dating Violence” includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one dating partner against the other. La. R.S. § 46.2151(C). For purposes of this Section, “dating partner” means any person who is or has been in a social relationship of a romantic or intimate nature with the victim [here, Complainant] and where the existence of such a relationship shall be determined based on a consideration of the following factors:
- 1. The length of the relationship.
- 2. The type of relationship.
- 3. The frequency of interaction between the persons involved in the relationship.
Domestic Abuse*: is
- Domestic abuse definition in Louisiana law: Includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one family or household member against another. La. R.S. 46:2132(3).
Domestic Violence*: is
Domestic Violence definition in Clery Act: Violence, including but not limited to sexual or physical abuse or the threat of such abuse, committed by a current or former spouse or intimate partner or any other person from whom the Alleged Victim [here, Complainant] is protected under federal or Louisiana law. Felony or misdemeanor crime of violence committed:
- By a current or former spouse or intimate partner of the victim;
- By a person with whom the victim shares a child in common;
- By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- By a person similarly situated to a spouse of the victim under the Domestic or Family Violence laws of the jurisdiction in which the crime of violence occurred; or
- By any other person against an adult or youth victim who is protected from that person’s acts under the Domestic or Family Violence laws of the jurisdiction in which the crime of violence occurred.
- Domestic Violence definition in Clery Act: Violence, including but not limited to sexual or physical abuse or the threat of such abuse, committed by a current or former spouse or intimate partner or any other person from whom the Alleged Victim [here, Complainant] is protected under federal or Louisiana law. Felony or misdemeanor crime of violence committed:
Family Violence*: is
- Family violence definition in Louisiana law: means any assault, battery, or other physical abuse which occurs between family or household members, who reside together or who formerly resided together. La. R.S. § 46.2121.1(2).
Hostile Environment Caused by Sexual Harassment: includes any situation in which there is harassing conduct that is sufficiently severe, pervasive, or objectively offensive such that it alters the conditions of employment or limits, interferes with, or denies educational benefits or opportunities. A Hostile Environment can be created by a one-time act that is severe (i.e., a Sexual Assault), or it can be created by repeated acts of less severity (i.e., harassing comments made over a period of time).
Examples of a Hostile Environment Caused by Sexual Harassment include, but are not limited to:
- Posting pictures of pornography;
- Consistently telling sexual jokes or stories where it can be overheard by others;
- Making sexually suggestive remarks about people within ear shot of others;
- Persisting in unwanted sexual attention; and
- Using derogatory terms with a sexual connotation.
- Examples of a Hostile Environment Caused by Sexual Harassment include, but are not limited to:
- Incapacitation*/Incapacitated: An individual is considered to be Incapacitated if, by reason of mental or physical condition, the individual is manifestly unable to make a knowing and deliberate choice to engage in sexual activity. Being drunk or intoxicated can lead to Incapacitation; however, someone who is drunk or intoxicated is not necessarily Incapacitated, as Incapacitation is a state beyond drunkenness or intoxication. Individuals who are asleep, unresponsive or unconscious are Incapacitated. Other indicators that an individual may be Incapacitated include, but are not limited to, inability to communicate coherently, inability to dress/undress without assistance, inability to walk without assistance, slurred speech, loss of coordination, vomiting, or inability to perform other physical or cognitive tasks without assistance.
- Initial Assessment: is, after a report or complaint of Prohibited Sexual Conduct, the initial determination made by the Title IX Coordinator of whether the alleged conduct would present a potential violation of the Policy and whether further action is warranted based on the alleged conduct.
Interim Protective Measures: are temporary actions taken by the University to ensure equal access to its education programs and activities and foster a more stable and safe environment during the process of reporting, Investigation, and/or adjudication.
Sample Interim Protective Measures include, but are not limited to:
- Access to counseling services and assistance in setting up initial appointments, both on and off campus
- Imposition of a campus “No-Contact Order”
- Rescheduling of exams and assignments
- Providing alternative course completion options
- Change in class schedule, including the ability to drop a course without penalty or to transfer sections
- Change in work schedule or job assignment
- Change in student’s campus housing
- Assistance from University support staff in completing housing relocation
- Limiting access to certain University facilities or activities pending resolution of the matter
- Voluntary leave of absence
- Options for changing campus transportation arrangements
- Sample Interim Protective Measures include, but are not limited to:
- Intimidation: is to place another person in reasonable fear of harm through the use of threatening words and/or other conduct.
- Investigation: is an impartial ascertaining of the facts related to the allegations of Prohibited Sexual Conduct, including interview of the parties and witnesses, as well as gathering available documents and other evidence. The Investigation is conducted by an investigator appointed by the Title IX Coordinator.
- Investigative Finding: is a formal judgment rendered on whether a Policy violation has occurred, based on the Investigation.
- Prohibited Sexual Conduct: is Sexual Misconduct or Sexual Behavior Between Individuals in Certain Roles, which is prohibited by this Policy.
- Respondent: is the person alleged to have engaged in Prohibited Sexual Conduct in violation of the Policy. The Respondent is referred to as the Alleged Offender in the Board of Regents’ definitions.
- Responsible Employee*: The University shall designate and publish the names and contact information for easily accessible University employees as Responsible Employees who have the authority to take action to redress sexual violence and have been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee. However, the University's decision to make all employees mandatory reporters of suspected or known Sexual Harassment or Sexual Misconduct to the Title IX Coordinator or other appropriate school designee does not render all University employees to be Responsible Employees. Employees who are authorized or required by law to keep information confidential by virtue of the employee’s professional role such as Counseling Staff or similar shall not be designated as mandated reporters of Sexual Harassment or as Responsible Employees.
- Retaliation*/Retaliatory: Acts or attempted acts for the purpose of interfering with any report, Investigation, or proceeding under this Policy, or as retribution or revenge against anyone who has reported Sexual Misconduct or Relationship Violence [or Prohibited Sexual Conduct] or who has participated (or is expected to participate) in any manner in an Investigation, or proceeding under this Policy. Prohibited Retaliatory acts include, but are not limited to, Intimidation, threats, Coercion, or discrimination. Title IX prohibits Retaliation. For purposes of this Policy, an attempt requires a substantial step towards committing a violation.
Sexual Assault*: is:
- a. Sexual Assault as defined by the Clery Act: an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.
b. Sexual Assault as defined by Louisiana State Law:
- i. Non-Consensual Sexual Intercourse: Having or attempting to have sexual intercourse, cunnilingus, or fellatio without Consent. Sexual intercourse is defined as anal or vaginal penetration by a penis, tongue, finger, or inanimate object.
- ii. Non-Consensual Sexual Contact: Any intentional sexual touching, or attempted sexual touching, without Consent.
Sexual Behavior Between Individuals in Certain Roles: Sexual advances, acts, or contact, whether Consensual or not, involving individuals where, by virtue of roles or position in the University, one individual is in a position of direct academic or supervisory authority with respect to the other are prohibited. These roles include, but are not limited to, the following examples:
- a. A faculty member and any student in his or her class;
- b. A faculty member and any undergraduate major in his or her department;
- c. A faculty member and any graduate student in a departmental program;
- d. A graduate assistant who has teaching or other classroom duties and all students in the class or classes that he or she teaches or assists;
- e. A departmental, college, or University administrator and any member of the faculty in his/her chain of command;
- f. A laboratory supervisor and those using or working in his/her lab;
- g. A supervisor of civil service employees and his/her employee; or
- h. A department head and a staff member of his/her chain of command.
- Sexual Exploitation*: An act attempted or committed by a person for sexual gratification, financial gain, or other advancement through the abuse or exploitation of another person’s sexuality. Examples of Sexual Exploitation include, but are not limited to, non-Consensual observation of individuals who are undressed or engaging in sexual acts, non-Consensual audio- or videotaping of sexual activity, prostituting another person, allowing others to observe a personal consensual sexual act without the knowledge or Consent of all involved parties, and knowingly exposing an individual to a sexually transmitted infection without that individual’s knowledge.
- Sexual Harassment*: Unwelcome conduct of a sexual nature when i) submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or education; ii) submission to or rejection of such conduct by a person is used as the basis for a decision affecting that person’s employment or education; or iii) such conduct has the purpose or effect of unreasonably interfering with a person’s employment or education, or creating an intimidating, hostile, or offensive employment or educational environment, and has no legitimate relationship to the subject matter of a course or academic research. Sexual Harassment also includes non-Sexual Harassment or discrimination of a person because of the person’s sex and/or gender, including harassment based on the person’s nonconformity with gender stereotypes. For purposes of this Policy, the various forms of prohibited Sexual Harassment are referred to as “Sexual Misconduct.”
- Sexual Misconduct*: is a sexual act or contact of a sexual nature that occurs, regardless of personal relationship, without the Consent of the other person(s), or that occurs when the person(s) is unable to give Consent or whose Consent is coerced or obtained in a fraudulent manner. For the purpose of this Policy, Sexual Misconduct includes, but is not limited to, Sexual Assault, Sexual Abuse, violence of a sexual nature, Sexual Harassment, Non-Consensual Sexual Intercourse, Sexual Exploitation, video voyeurism, contact of a sexual nature with an object, or the obtaining, posting or disclosure of intimate descriptions, photos, or videos without the express Consent [of] the persons depicted therein, as well as Dating Violence, Domestic Violence and Stalking.
- Sexually Oriented Criminal Offense*: Any sexual assault offense as defined in La. R.S. § 44:51 and any sexual abuse offense as defined in La. R.S. § 14:403.
- a. Stalking as defined by Clery Act: (1) Intentional and repeated following OR harassing that would cause a reasonable person to feel alarmed OR that would cause a reasonable person to suffer emotional distress OR (2) Intentional and repeated uninvited presence at another person’s: home, work place, school, or any other place which would cause a reasonable person to be alarmed OR would cause a reasonable person to suffer emotional distress as a result of verbal or behaviorally implied threats of death, bodily injury, Sexual Assault, kidnapping or any other statutory criminal act to the victim [here, Complainant] OR any member of the victim’s family OR any person with whom the victim is acquainted. 34 CFR 668.46(a)
- b. Stalking as defined by Louisiana state law: Stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Stalking shall include but not be limited to the intentional and repeated uninvited presence of the perpetrator at another person's home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal, written, or behaviorally implied threats of death, bodily injury, Sexual Assault, kidnapping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted. La. R.S. § 14:40.2(A). "Harassing" means the repeated pattern of verbal communications or nonverbal behavior without invitation which includes but is not limited to making telephone calls, transmitting electronic mail, sending messages via a third party, or sending letters or pictures. "Pattern of conduct" means a series of acts over a period of time, however short, evidencing an intent to inflict a continuity of emotional distress upon the person. Constitutionally protected activity is not included within the meaning of pattern of conduct. La. R.S. § 14:40.2(C).
- Support Person: is someone who can provide emotional, logistical, or other kinds of assistance to a Complainant or Respondent. The Support Person is a non-participant who is present to assist a Complainant or Respondent by taking notes, providing emotional support and reassurance, organizing documentation, or consulting directly with the party in a way that does not disrupt or delay any proceeding.
- Voluntary Resolution: is an outcome of a report or complaint willingly agreed to by Complainant. It is a path designed to eliminate the conduct at issue, prevent its recurrence, and remedy its effects in a manner that meets the expressed preferences of Complainant and the safety and welfare of the campus community. If Voluntary Resolution involves either notification to or participation by Respondent, it is Respondent’s decision whether to accept Voluntary Resolution.