University of Nebraska Kearney

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Affirmative Action / Equal Opportunity
Definitions

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.”5Acquiescence 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 impartial

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