Title IX - Title IX of
the Educational Amendments of 1972 bans sex discrimination in schools receiving
federal funds, whether it is in academics or athletics.
Preponderance of the evidence standard (i.e., it is more likely than not
that sexual harassment or violence occurred). Preponderance is based on the
more convincing evidence and its probable truth or accuracy, and not on the
amount of evidence. Thus, one clearly knowledgeable witness may provide a
preponderance of evidence over a dozen witnesses with hazy testimony, or a
signed agreement with definite terms may outweigh opinions or speculation about
what the parties intended.
Unwelcome - Conduct is unwelcome if the student did not request or
invite it and “regarded the conduct as undesirable or offensive.” Acquiescence in the conduct or the failure to
complain does not always mean that the conduct was welcome
Investigation: An investigation is a systematic, minute, and thorough
attempt to learn the facts about something complex or hidden; it is often
formal and official
The specific steps in an investigation will vary depending upon the nature of
the allegations, the source of the complaint, the age of the student or
students involved, the size and administrative structure of the school, and
other factors. However, in all cases the inquiry must be prompt, thorough, and
An examination is an orderly attempt to obtain information about or to
make a test of something, often something presented for observation: a physical
examination. An inquiry is an investigation made by asking questions
rather than by inspection, or by study of available evidence: an inquiry into a proposed bond issue. Research is
careful and sustained investigation
Domestic violence can be defined as a pattern of abusive behavior that is used
by an intimate partner to gain or maintain power and control over the other
intimate partner. Domestic violence can be physical, sexual, emotional, economic,
or psychological actions or threats of actions that influence another person.
This includes any behaviors that intimidate, manipulate, humiliate, isolate,
frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
Sexual Assault: Sexual assault can be defined as any type of sexual
contact or behavior that occurs by force or without consent of the recipient of
the unwanted sexual activity. Falling under the definition of sexual assault is
sexual activity such as forced sexual intercourse, sodomy, child molestation,
incest, fondling, and attempted rape. It includes sexual acts against people
who are unable to consent either due to age or lack of capacity.
Dating Violence: Dating violence is defined as violence committed by a
person who is or has been in a social relationship of a romantic or intimate
nature with the victim; and 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
Stalking: Stalking can be defined as a pattern of repeated and unwanted
attention, harassment, contact, or any other course of conduct directed at a
specific person that would cause a reasonable person to feel fear.