Complainants and respondents may select an advisor of choice. An advisor of choice is a person whom the complainant or respondent chooses to provide support for them while they are participating in procedures under Policy 1340 and Policy 1346. Complainants and respondent may also have a support person present with them at any meetings with the Title IX Office.

During formal complaint investigations, an advisor of choice may speak for the party they are supporting, except under Policy 1346 when conducting questioning (cross examination) on behalf of the party they are supporting during the formal complaint hearing.

An individual who is alleged to be the victim of conduct that could constitute sexual misconduct or Title IX sexual harassment. Refer to Policy 1340 and Policy 1346 for more information.

An outward demonstration through understandable words or actions that convey a knowing and voluntary agreement to engage in mutually agreed upon sexual activity. Consent cannot be obtained by physical or verbal coercion that is express or implied, which includes the use of intimidation, threats, force, or duress. Consent cannot be obtained by ignoring or acting in spite of the objections of another, by previous consent, or by taking advantage of another person’s incapacitation or physical helplessness where one knows or a reasonable person should have known of such incapacitation or helplessness. An individual who is incapacitated because of age, disability, voluntary activity, or through the acts of others cannot give consent. Silence or absence of resistance does not imply consent. Consent is voluntary and may be withdrawn at any time by communicating the withdrawal through an outward demonstration of understandable words or actions. See Policy 1340 and Policy 1346.

A form of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with another person, where the existence of such a relationship shall be determined based on a consideration of the following factors:
• The length of the relationship
• The type of relationship
• The frequency of interaction between the persons involved in the relationship.

See Policy 1340 and Policy 1346.

Policy 1302 defines discrimination as inequitable treatment that conditions any element of a person’s employment, enrollment as a student, receipt of student financial aid, or participation in university programs or activities on that person's protected characteristics in violation of applicable law. Sexual misconduct (Policy 1340) and Title IX sexual harassment (Policy 1346) are examples of discrimination on the basis of sex.

Crimes of violence committed by any of the following:
• A current or former spouse or intimate partner of the victim
• A person with whom the victim shares a child in common
• A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner
• A person similarly situated to a spouse of the victim under the domestic or family violence laws of the Commonwealth of Virginia
• 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 Commonwealth of Virginia

See Policy 1340 and Policy 1346.

Physical or mental inability to make informed, rational judgments. States of incapacitation include, without limitation, sleep, blackouts, unconsciousness, and the inability to make such decisions due to the voluntary or involuntary use of alcohol or drugs. Incapacitation may occur because of age, disability, voluntary activity, or through the acts of others. See university Policy 1340 and Policy 1346.

A sexual relationship between members of the university community is prohibited if it is influenced by any form of fear or coercion, such that it causes one party to believe that they must submit to unwelcome sexual conduct in order to accept or continue employment, achieve an employment or educational benefit, or participate in a program or activity. A sexual relationship is prohibited between individuals where a power differential would imply or raise the inference of exploitation or raise the inference that an educational or employment decision will be based on whether or not there is submission to coerced sexual conduct. The university prohibits sexual relationships between faculty members and students in their classes or under their supervision, e.g., teaching or graduate assistants. See university Policy 1340.

Preponderance of the evidence will be the standard of proof used to make determinations for all alleged policy violations of sexual harassment for both the student and employee processes. Preponderance of the evidence means that there is greater than a fifty-percent likelihood that the respondent violated the policy.

A report is an oral or written allegation received by the Title IX Office that describes an alleged instance of sexual misconduct or Title IX sexual harassment by a student, employee, affiliate, or visitor, whether or not a complainant or respondent is identified by name. A report of an alleged incident that is received by the Title IX Office may be actionable under Policy 1340 and/or Policy 1346 and may lead to the initiation of a formal complaint process.

A formal complaint is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual misconduct and/or Title IX sexual harassment against a respondent and requesting that the university investigate the allegation of sexual misconduct and/or Title IX sexual harassment. A “document filed by a complainant” means a document or electronic submission that includes the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. The complainant must be participating in or attempting to participate in an education program or activity at the time of filing a formal complaint. Also refer to Policy 1340 and Policy 1346.

A respondent is a person who has been reported to be the perpetrator of conduct that could constitute sexual misconduct or Title IX sexual harassment. In general the Title IX Office will only make initial contact with respondents if the complainant has requested a supportive measure that involves the respondent, such as but not limited to a two-way no-contact order, or if the complainant has filed a formal complaint. For more information refer to Policy 1340 and Policy 1346. The Title IX Office presumes that no policy violation has occurred unless proven otherwise by a preponderance of the evidence at the conclusion of an adjudication process.

Responsible employees are university employees who have a duty to disclose to the Title IX Office all reports of sexual harassment that they receive within the course of their employment. For the purposes of this policy, “course of employment” does not include an employee’s role as a principal investigator or co-investigator in an Institutional Review Board-approved human subjects protocol, unless the employee is also an “official with authority” as defined herein. All university employees (except confidential resources as defined in this policy) are responsible employees. See Policy 1340 and Policy 1346.

Retaliation is Intimidation, interference, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege under this policy, or because the individual has made a report or complaint, or has participated or refused to participate in any manner under this policy, constitutes retaliation. Retaliation also includes bringing charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege under Policy 1340 or 1346.

A sexual act committed against another person without consent. For purposes of this policy, sexual assault includes any of the following offenses:
• Rape
Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. Attempts to commit rape are included.
• Fondling
The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim.
• Incest
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory rape
Sexual intercourse with a person who is under the statutory age of consent. The statutory age of consent in the Commonwealth of Virginia is 18 years old.

See Policy 1340 and Policy 1346.

Taking sexual advantage of another person without that individual’s consent. Examples include, but are not limited to, prostituting another person; causing or attempting to cause the incapacitation of another person for a sexual purpose; recording, photographing, creating, or transmitting sexual utterances, sounds, or images, whether real or fake, of another person without that person’s consent; allowing a third party to observe sexual activity without the consent of the participants; knowingly transmitting sexually transmitted infections or other diseases without the knowledge of the person’s sexual partner; inducing another to expose their body for sexual purposes; intentionally altering, removing, or sabotaging contraceptive or prophylactic measures without the knowledge of the other party, including but not limited to condoms and/or birth control measures; and viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy without that person’s consent. See university Policy 1340.

Policy 1346 definition of sexual harassment: Conduct on the basis of sex that satisfies one or more of the following:
• Quid pro quo - An employee conditioning the provision of an aid, benefit, or service of
the university on an individual’s participation in unwelcome sexual conduct;
• Unwelcome conduct determined by a reasonable person to be 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.

Policy 1340 definition of sexual harassment: Conduct consisting of unwelcome or offensive sexual advances, requests for sexual favors, or other conduct of a sexual nature that can be verbal (e.g., specific demands for sexual favors, sexually suggestive comments, sexual propositions, or sexual threats); non-verbal (e.g., sexually suggestive emails or other writings; objects or pictures; suggestive, obscene or insulting sounds or gestures); or physical (e.g., unwanted touching or other physical contact; or any unwelcome or coerced sexual activity), and that meets at least one of the following definitions:
• Term or condition of employment or education ("quid pro quo"). This type of sexual
harassment occurs when the terms or conditions of employment, educational benefits,
academic grades or opportunities, living environment, or participation in a university
activity are conditioned upon, either explicitly or implicitly, submission to or rejection of
unwelcome sexual advances or requests for sexual activity, or such submission or
rejection is a factor in decisions affecting that individual's employment, education, living
environment, or participation in a university education program or activity.
• Hostile environment. Acts of sexual harassment that create a hostile environment, as
defined herein.

Sexual misconduct encompasses sexual assault, sexual violence, sexual harassment, sexual
exploitation, stalking, dating violence, domestic violence, and non-consensual relationships.
Sexual misconduct can involve persons of the same or different sex, sexual orientation, gender,
or gender identity. See Policy 1340.

Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving
consent (e.g., due to the person’s age, mental state, use of drugs or alcohol, or because an
intellectual or other disability prevents the person from having the capacity to give consent). 

See Policy 1346, Policy 1340, and Virginia § 23.1-806. Reporting of acts of sexual violence.

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress. See university Policy 1340 and Policy 1346.

Supportive measures are measures or interventions which may be taken by the university upon receipt of a report or formal complaint to ensure a safe environment for the parties and/or the university community. These may include, but are not limited to, two-way no-contact orders between complainants and respondents; modifications of assignments, classes, schedules, or jobs; changes to university-provided housing; transportation options; or any other measure that would provide a safe work and/or learning environment for all parties.