Glossary of Title IX Terms

Title IX is a complex law and set of regulations that has a lingo all its own. In order to understand Title IX and GovState’s Title IX compliance program, you need to be familiar with several important terms and their definitions.

Here is a glossary of some of the most important Title IX terms.

A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z

A

Advisor means an individual chosen by a party to accompany that party to any or all meetings, interviews, or other proceedings under the Title IX Grievance Procedures.

B

Bystander means an individual (other than a Confidential Employee, complainant, or respondent) who has or comes to have information about or related to conduct that reasonably may constitute sex discrimination under Title IX or Policy 78, either through directly witnessing such conduct, learning of such conduct second-hand, or otherwise. For additional information about the important roles bystanders play in GovState's Title IX compliance program, see the webpage on Roles in Title IX Compliance at GovState.

C

Complainant means:

  1. A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or Policy 78; or
  2. An individual other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or Policy 78 and who was participating or attempting to participate in the University’s education programs or activities at the time of the alleged sex-based harassment.

For additional information about the important roles Complainants play in GovState's Title IX compliance program, see the webpage on Roles in Title IX Compliance at GovState.

Complaint means an oral or written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged sex discrimination under Title IX or Policy 78 pursuant to the Title IX Grievance Procedures.

Confidential Advisor means a person who is contracted by the University to provide emergency and ongoing support to survivors of sexual violence as described in the Title IX Reporting Procedures.

Confidential Employees means employees exempt from the general employee reporting obligations under Policy 78 and the Title IX Reporting Procedures, such as:

  1. The counselors and healthcare providers in the University’s Counseling and Wellness Center, with respect to information they receive while providing medical, mental health, and case management services;
  2. Any other University employees whose communications are privileged or confidential under federal or state law, but only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
  3. University employees who are conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination—but the employees’ confidential status is only with respect to information received while conducting the study.

For additional information about the roles Confidential Employees play in GovState's Title IX compliance program, see the webpage on Roles in Title IX Compliance at GovState.

Consent means a freely, voluntarily, and knowingly given agreement to engage in sexual activity; and:

  1. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity.
  2. Lack of verbal or physical resistance or submission resulting from the use of force or threat of force does not constitute consent.
  3. An individual’s manner of dress does not constitute consent.
  4. An individual’s consent to past sexual activity does not constitute consent to future sexual activity. An individual’s consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another.
  5. An individual can and may withdraw consent at any time.
  6. An individual cannot consent to sexual activity if that individual is unable to understand the nature of the activity or give knowing agreement due to circumstances such as, but not limited to: (a) the individual is incapacitated due to the use or influence of alcohol or drugs, (b) the individual is asleep or unconscious, (c) the individual is underage, or (d) the individual is incapacitated due to a mental disability. 
  7. When consent is withdrawn or can no longer be given, sexual activity must stop.
  8. The definition of consent does not vary based upon an individual’s sex, sexual orientation, or gender identity or expression.

Corrective action means any appropriate prompt and effective step(s), other than supportive measures, remedies, or disciplinary sanctions, to ensure that sex discrimination does not continue or recur within the University’s education programs or activities.

D

Dating violence meaning violence committed by an individual:

  1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. 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; and the frequency of interaction between the individuals involved in the relationship.

Decisionmaker means the individual(s) assigned as part of the complaint resolution process under the Title IX Grievance Procedures to make a determination whether the University’s prohibition on sex discrimination and retaliation was violated and sex discrimination and/or retaliation occurred.

Disciplinary sanctions means consequences imposed on a respondent following a determination under the Title IX Grievance Procedures that the respondent violated the University’s prohibition on sex discrimination and/or retaliation set forth in Policy 78. 

Domestic violence meaning felony or misdemeanor crimes committed by an individual who:

  1. Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the State of Illinois, or a person similarly situated to a spouse of the victim;
  2. Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
  3. Shares a child in common with the victim; or
  4. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the State of Illinois.

E

Employee means (1) all members of the University Board of Trustees appointed by the State Governor; and (2) anyone who is hired and retained to perform duties in exchange for compensation in the form of an hourly wage, annualized salary, or stipend and receives this compensation as income which is processed through the University’s semi-monthly payroll processing.

G

Gender identity or expression and sexual orientation mean the actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity or expression of an individual, whether or not traditionally associated with the individual’s designated sex at birth.

H

Hostile environment harassment means unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies an individual’s ability to participate in or benefit from the University’s education programs or activities (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

  1. The degree to which the conduct affected the complainant’s ability to access the University’s education program or activity;
  2. The type, frequency, and duration of the conduct;
  3. The parties’ ages, roles within the University’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
  4. The location of the conduct and the context in which the conduct occurred; and
  5. Other sex discrimination in the University’s education program or activity.

I

Investigator means the individual(s) assigned as part of the complaint resolution process under the Title IX Grievance Procedures to evaluate a complaint and investigate the allegations therein.

P

Party means a complainant or a respondent.

Peer retaliation means retaliation by a student against another student.

Policy 78 means GovState’s nondiscrimination policy adopted in accordance with Title IX and the Preventing Sexual Violence in Higher Education Act, currently entitled the Anti-Sex Discrimination (Title IX) Policy, as it may be revised from time to time.

Pregnancy or related conditions means:

  1. Pregnancy, childbirth, termination of pregnancy, or lactation;
  2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
  3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Preventing Sexual Violence in Higher Education Act means the Illinois statute with that name codified at 110 ILCS 155/1 et seq., as it may be amended from time to time.

Q

Quid pro quo harassment means sex-based harassment where an employee, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s education programs or activities explicitly or impliedly conditions the provision of such an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct.

R

Remedies means measures provided, as appropriate, to a complainant or any other individual the University identifies as having had their equal access the University’s education programs or activities limited or denied by sex discrimination. These measures are provided to restore or preserve that individual’s access to the University’s programs or activities after a determination has been made in accordance with the Title IX Grievance Procedures that sex discrimination occurred.

Respondent means a person who is alleged to have violated the University’s prohibition on sex discrimination or retaliation under Policy 78.

Responsible Employees means employees who are obligated to report information about possible sex discrimination to the Title IX Coordinator in accordance with Policy 78 and the Title IX Reporting Procedures. For additional information about the important roles Responsible Employees play in GovState's Title IX compliance program, see the webpage on Roles in Title IX Compliance at GovState.

Retaliation means:

  1. Intimidation, threats, coercion, or discrimination against any individual by the University; a student; or an employee or other person authorized by the University to provide aid, benefit, or service under the University’s education program or activity;
  2. For the purpose of interfering with any right or privilege secured by Title IX, the Preventing Sexual Violence in Higher Education Act, or Policy 78; or because the individual has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, informal resolution process, or hearing under the Title IX Grievance Procedures or Title IX Response Procedures.

S

Sex characteristics means, generally, an individual’s physiological sex characteristics and other inherently sex-based traits, including intersex traits.  For purposes of this definition, the term “intersex” means, generally, individuals with variations in physical sex characteristics, which variations may involve anatomy, hormones, chromosomes, and other traits that differ from expectations generally associated with male and female bodies.

Sex discrimination means discrimination against an individual because of that individual’s actual or perceived sex, gender identity or expression, and/or sexual orientation, and includes:

  1. Discrimination on the basis of sex stereotypes and sex characteristics;
  2. Discrimination on the basis of pregnancy or related conditions; and
  3. Sex-based harassment.

Sex stereotypes means fixed or generalized expectations regarding an individual’s aptitudes, behavior, self-presentation, or other attributes based on sex.

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex (including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity or expression), that is one or more of the following):

  1. Quid pro quo harassment
  2. Hostile environment harassment
  3. One or more of the following specific offenses:
    1. Sexual violence or sexual assault
    2. Dating violence
    3. Domestic violence
    4. Stalking 
     

Sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

Sexual violence means physical sexual acts attempted or perpetrated against an individual without that individual’s consent or when that individual is incapable of giving consent, including without limitation rape, sexual assault, sexual battery, sexual abuse, sexual coercion, and all other offenses classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

Stalking means engaging in a course of conduct, on the basis of sex, directed at a specific individual that would cause a reasonable person to:

  1. Fear for the individual’s safety or the safety of others; or
  2. Suffer substantial emotional distress.

Sexual orientation and gender identity or expression mean the actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity or expression of an individual, whether or not traditionally associated with the individual’s designated sex at birth.

Student means an individual who has gained admission to the University and has a current right to enroll or matriculate in or at an education program or activity operated by the University.

Supportive measures means individualized measures offered as appropriate; as reasonably available; without unreasonably burdening a complainant or respondent; not for punitive or disciplinary reasons; and without fee or charge to a complainant or respondent to:

  1. Restore or preserve that individual’s access to the University’s education programs or activities, including measures that are designed to protect the safety of the individual(s) or the University’s educational environment; or
  2. Provide support during the resolution of a complaint pursuant to the Title IX Grievance Procedures.

Survivor means an employee or student who has experienced sexual violence, dating violent, domestic violence, and/or stalking.

T

Title IX means, collectively, Title IX of the Education Amendments of 1972 (Pub. L. 92-318; 20 U.S.C. §§ 1681, 1682, 1683, 1685, 1686, 1687, 1688, 1689), and all regulations promulgated thereunder, including 34 C.F.R. Part 106, as such statutes and regulations may be amended from time to time.

Title IX Grievance Procedures means the administrative procedures promulgated under Policy 78 to describe how the University resolves complaints of sex-based harassment (in Part 1) and complaints of other forms of sex discrimination (in Part 2).

Title IX Procedures means, collectively, the administrative procedures promulgated under Policy 78 to create the University’s Title IX compliance program, as they may be approved and revised from time to time.

Title IX Reporting Procedures means the administrative procedures promulgated under Policy 78 to describe the various respective rights, obligations, and options students, employees, and others at the University have to report information about conduct that reasonably may constitute sex discrimination or retaliation under Title IX.

Title IX Response Procedures means the administrative procedures promulgated under Policy 78 to describe how the University responds upon gaining knowledge of possible sex discrimination or retaliation; addresses any sex discrimination that may occur in its programs or activities or on its property; and ensures equal access to programs and activities for students experiencing pregnancy or related conditions.