Thomas More College

Definitions

Complainant: another student or community member who has brought forth a complaint against another student.

Consent: is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual behavior. Consent to any one form of sexual behavior cannot automatically imply consent to any other forms of sexual behavior. Consent may be initially given but withdrawn at any time throughout the sexual encounter.  Previous relationships or prior consent cannot imply consent to future sexual behavior. Consent cannot be given by someone under the age of 16. Consent cannot be given by someone who is incapacitated.

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of the relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.

Domestic Violence: Felony or misdemeanor crimes of violence committed by a current or former spouse of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. (42 U.S.C. 13925(a)). (For Kentucky see KRS 403.720)

Forcible Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or, not forcibly or against the person's will when the complainant is incapable of giving consent.

Forcible Rape: Sexual intercourse performed forcibly and/or against the person's will; or not forcibly or against the      person's will when the complainant is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity.(For Kentucky, see KRS 510.040-060)

Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the person's will when the complainant is incapable of giving consent. (For Kentucky, see KRS 510.070-.100)

Incapacitated: An individual will be deemed incapacitated if they are mentally or physically unable to make rational, reasonable, or fully-conscious decisions at the time of an event.

Non-Forcible Sex Offenses: Unlawful, non-forcible sexual intercourse including Incest (sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law) and Statutory Rape (sexual intercourse with a person who is under the statutory age of consent.)

Preponderance of Evidence: The evidentiary standard used when determining a student (or students) responsibility. This standard requires that the evidence/information as a whole, shows that the facts support the conclusion that is “more likely than not” that the student engaged in the alleged behavior.  The evidence must equate to 50.1% or greater in favor of the conclusion.

Respondent: The individual who as allegedly committed behaviors that betray a Community Commitment.

Sexual Assault/Sexual Misconduct With An Object: The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will when the complainant is incapable of giving consent.

Stalking:  To “stalk” means to engage in an intentional course of conduct:
Directed at a specific person or persons; which seriously alarms, annoys, intimidates, or harasses the person(s).  The course of conduct shall be that which would cause a reasonable person or persons to suffer substantial mental distress.   (For Kentucky, see KRS 508.130.)