Definitions

Advisor: A person chosen by a party, or appointed by the University in Title IX Matters, to accompany the party to meetings related to the resolution process, to advise the party on that process. In Title IX Matters, the advisor may question witnesses and conduct cross-examination on behalf of an involved party at the hearing. An advisor is not required to be an attorney and may be any individual of the party's choice.

Business Day: Monday-Friday, excluding official University holidays.

Complainant: An individual who has reported being or is alleged to be impacted by Prohibited Conduct as defined by University Policy.

Discrimination (Unlawful or Prohibited): A difference in treatment based on a person’s status in a protected class. Harassment based on one’s membership in a protected class is a form of unlawful discrimination. Prohibited discrimination includes unlawful discrimination and discrimination based on other protected classes defined by University regulation or policy. A violation of this policy may occur regardless of any finding of “unlawful” conduct, as the standards for finding a violation of this policy are independent. Discrimination includes disparate treatment and disparate impact.

Disparate Impact: When policies, practices, rules or other systems that appear to be neutral result in a disproportionate impact on a protected group. Disparate impact may be unintentional.

Disparate Treatment: When a person is treated differently than others who were similarly situated based on a protected characteristic and is denied a benefit under FAU’s educational program or activities or a benefit of employment. Disparate treatment on the basis of a class not protected by federal, state or local law shall not constitute discrimination or harassment if such disparate treatment is required by federal or state law.

Educational Program or Activity: Location, events, or circumstances where the University exercised substantial control over both the Respondent and the context in which the Prohibited conduct occurs. This may include, but is not limited to, conduct that occurs in one of the following:

Any on-campus premises of the University.
Any off-campus premises over which the University has substantial control, including buildings or property owned or controlled by a recognized student organization.
Off-campus activities that are part of a University education program or activity, including field trips and sanctioned events such as performances, and athletic or academic competitions.
Activities occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of the University's education programs and activities over which the University has substantial control.

Formal Complaint: A complaint that has been signed by a Complainant or by the OCR9 ED alleging Prohibited Conduct against a Respondent and requesting OCR9 investigate the allegation. A Formal Complaint is required for investigations in Title IX Matters.

Hostile Environment Harassment: Unwelcome verbal and/or physical conduct based on a person’s protected class that: is severe or pervasive and has the purpose or effect of: (a) creating an objectively intimidating, hostile or offensive work or educational environment; (b) unreasonably interfering with an individual’s work or learning performance; or (c) otherwise unreasonably adversely affects an individual’s employment or educational opportunities. Examples could include making comments (“humorous” or “non-humorous”) based on a protected characteristic, objectionable epithets/slurs, threatened or actual physical harm or abuse, the display of hostile symbols/objects, and other intimidating or insulting conduct directed against the individual because of their membership in a protected class.

Informal Resolution: Informal resolution is a voluntary remedies-based process designed to provide parties in a complaint with an option to resolve the alleged dispute in a forum separate and distinct from the formal grievance process. Informal resolution may include, but is not limited to mediation, and Restorative Resolution. Informal resolution is subject to the consent of the parties and consent of the OCR9 ED. In Title IX Matters, the University cannot offer informal resolution until a Formal Complaint is filed with OCR9. The University will not require, encourage, or discourage the parties from participating in an informal resolution. In Title IX Matters, informal resolution is not available when the Complainant is a student and the Respondent is an employee.

Investigator: The person or persons charged by OCR9 with gathering facts about an alleged violation of this policy, assessing relevance and credibility, synthesizing the evidence, and compiling information into an investigative report.

Office of Civil Rights and Title IX (OCR9): The University office with primary responsibility for administering Regulation 7.008, Policy 1.13, and Policy 1.15. OCR9 conducts investigations and assists in the University's response and resolution of all reports of Prohibited Conduct. OCR9 will maintain all reports of Prohibited Conduct in accordance with applicable laws and regulations.

Office of Civil Rights and Title IX Executive Director (OCR9 ED): The University's designated Title IX Coordinator. The OCR9 ED may delegate responsibilities under University Regulation 7.008, Policy 1.13, and Policy 1.15 to appropriately trained individuals.

Parties: Complainant and Respondent. Witnesses are not parties.

Preponderance of Evidence: The burden of proof that applies under University Policy 1.15, which means that the evidence presented supports the finding that it is more likely than not that the Respondent violated the policy. In Title IX Matters, the burden of proof is on the University.

Report: Information brought to the attention of OCR9 alleging conduct prohibited under University Regulation 7.008, Policy 1.13, and Policy 1.15, any law or regulation; a report is not considered to be a formal complaint. A party may bring a report and then subsequently file a formal complaint.

Respondent: An individual reported to be the perpetrator of conduct that could constitute harassment, discrimination, or sexual misconduct, or retaliation for engaging in protected activity.

Retaliation: Intimidating, threatening, coercive, or discriminatory behavior by the University or any person over whom the University holds jurisdiction against any individual for the purpose of interfering with any right or privilege secured by this policy, because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing. Retaliation may be a claim under Title IX or under other harassment or discrimination.

Title IX Matters: Complaints in which the alleged violation includes sexual harassment, sexual assault, domestic violence, dating violence, or stalking, and where the University’s response and procedures are governed by Title IX of the Education Amendments Act of 1972 and its implementing regulations, and University Policy 1.15.

Title IX Specific Definitions

Consent: An agreement between two or more individuals for activity that is affirmative, informed, freely given and mutually understood. Consent shall be determined based on consideration of the following factors: (i) it is the responsibility of each person involved in any sexual activity to ensure that they have the affirmative consent of the other or others to engage in the sexual activity; (ii) the existence of a dating or sexual relationship between the persons involved, or the fact of past sexual relations, should never by itself be assumed to be an indicator of consent for any current or future sexual encounter; (iii) consent cannot be obtained by force, threat, coercion, manipulation, reasonable fear of injury, intimidation, use of position of influence, or through the use of one’s mental or physical helplessness or incapacity; (iv) consent must be ongoing throughout a sexual activity and can be revoked at any time; (v) within each sexual encounter, there may be separate individual sexual acts involved. Consent to one act by itself does not constitute consent to another act; (vi) consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another; (vii) lack of protest or resistance does not mean consent; and (viii) silence does not mean consent has been granted.

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 such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence.

Domestic Violence: Violence committed by a current or former spouse or intimate partner of the Complainant; by a person with whom the Complainant shares a child in common; by a person who cohabitate with, or has cohabitated with, the Complainant as a spouse or intimate partner; by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Florida; 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 Florida.

Hearing: A live meeting conducted either in-person or via video conference and pursuant to applicable Title IX Regulations, for the purposes of allowing a Hearing Officer or Hearing Panel to determine whether a Respondent violated Policy 1.15 and, if so, to address appropriate sanctions consistent with Policy 1.15,

Hearing Officer or Hearing Panel: (commonly known as the Decision Maker) is the official responsible for determining whether a Respondent has committed Prohibited Conduct under University Policy 1.15.

Sexual Harassment: Conduct on the basis of sex which constitutes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, and Sexual Assault.

Hostile Environment Sexual Harassment: Unwelcome conduct on the basis of sex 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.
Quid Pro Quo: A University employee conditions the provision of an aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct.

Sexual Assault: Any sexual act directed against another person, without the consent of the Complainant including instances where the Complainant is incapable of giving consent.

Fondling: The intentional touching of the clothed or unclothed body parts without consent of the Complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This definition also includes the forced touching by the Complainant of the Respondent's clothed or unclothed body parts without consent of the Complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation. this includes instances where the Complainant is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication.("Fondling" is referred to as "Criminal Sexual Contact" in the 2025 NIBRS manual).
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, or by a sex-related object. This definition also includes instances in which the Complainant is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the Complainant to demonstrate lack of consent.
Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Florida law.
Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.
Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. For the purposes of this definition, course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, threatens, or communicates to or about a person, or interferes with a person’s property; reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant; and substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.