NDH Policy May 2024

Pregunta	Respuesta
Consent	Permission that is clear, knowing, voluntary, and expressed prior to engaging in and during an act. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent.
Discrimination	Discrimination (disparate treatment and disparate impact) occurs when an adverse action is taken under university authority against a university community member in an educational program or activity based upon one’s protected class status.
Harassment (Employment Context)	Unwelcome verbal or physical conduct based on a protected class that unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment.
Harassment (Education Context)	Unwelcome verbal or physical conduct based on a protected class that interferes with, denies, or limits an individual’s ability to participate in or benefit from the university’s educational programs and activities.
Sexual Misconduct	A broad term that encompasses sexual harassment (university definition and/or Title IX), sexual assault, relationship violence, stalking, and sexual exploitation.
Title IX Complaint	A document filed by a complainant or signed by the Title IX coordinator alleging sexual harassment (Title IX) against a respondent and requesting that the university investigate the allegation of sexual harassment.
OIE Complaint	A document filed by a complainant or signed by an OIE director or designee alleging discrimination, harassment, sexual misconduct, process abuse, or retaliation against a respondent and requesting that the university investigate the allegation that does not fall under Title IX.
Retaliation	Any adverse action against any person by any other, such as intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by this policy.
Hostile Environment (Employment Context)	Any situation in which there is harassing conduct based on a protected class that is sufficiently severe or pervasive such that it unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment.
Hostile Environment (Education Context)	Any situation in which there is harassing conduct based on a protected class that is sufficiently severe, persistent, or pervasive that it interferes with or denies educational benefits or opportunities, from both a subjective (the complainant’s) and an objective (reasonable person’s) viewpoint.
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.
Domestic Violence	Conduct that meets the definition of a felony or misdemeanor crime of 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, or by a person similarly situated to a spouse of the complainant.
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. This includes non-consensual sexual contact and non-consensual sexual penetration.
Non-Consensual Sexual Contact	The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent.
Non-Consensual Sexual Penetration	Penetration, no matter how slight, of the vagina or anus (including genital or anal opening) with any body part or object, or oral penetration by a sex organ of another person, without the consent of the complainant.
Prohibited Relationships	Romantic and/or sexual relationships that are not allowed due to power differentials. An employee must not exercise responsibility for supervising, evaluating, teaching, advising, coaching, treating, or counseling any student with whom the employee has a consensual romantic and/or sexual relationship.
Protected Class	Defined by federal law/executive order, federal agencies, or university policy. Includes: age, ancestry, color, disability, ethnicity, gender, gender identity or expression, genetic information, HIV/AIDS status, military status, national origin, race, religion, sex, sexual orientation, pregnancy, veteran status, or any other bases under the law.
Education Program or Activity	Locations, events, or circumstances over which the university exercises substantial control over both the respondent and the context in which the sexual harassment occurs, including employment, and also include any building owned or controlled by a student organization that is officially recognized by the university.
substantial impairment	A state when an individual cannot make rational, reasonable decisions because they lack the capacity to give knowing consent, such as due to alcohol or drug use, unconsciousness, mental disability, or other physical/mental conditions.
What factors determine a hostile environment?	Factors include the frequency of the conduct, its severity, and whether it is physically threatening or humiliating.
What are examples of retaliation?	Examples include job termination, demotion, harassment, or any other action that adversely affects an individual’s work or academic environment.
Is pursuing legal action considered retaliation?	A good faith pursuit of civil, criminal, or other legal action is not considered retaliation.
What acts are included under non-consensual sexual contact?	Non-consensual sexual contact includes the touching of private body parts for sexual gratification without consent, including instances where the complainant is incapable of giving consent.
What acts are included under non-consensual sexual penetration?	Non-consensual sexual penetration includes penetration, however slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person without consent.
What are some examples of harassment?	Examples include but are not limited to physical assaults, threats, intimidation, and verbal abuse that impede someone's work or education.
What is substantial impairment?	Substantial impairment is the physical or mental inability to make informed, rational judgments
Give examples of what could cause substantial impairment.	Examples include being unconscious, asleep, or under the influence of drugs or alcohol to the extent that the person cannot make informed, rational decisions.

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