These definitions may aid your understanding of our Title IX Grievance Procedure and are applicable to that procedure.
Complainant – a person alleged to be the victim of sexual harassment (sexual harassment, stalking, sexual assault, domestic violence, dating violence)
Respondent – a person accused of sexual harassment (sexual harassment, stalking, sexual assault, domestic violence, dating violence)
Formal complaint – a written document outlining the allegations in full detail in the Complainant’s words; must be signed; may be submitted by the Complainant or the Title IX Coordinator
Supportive Measures – items which may be available to either party regardless of whether or not a formal complaint has been filed; they will vary depending on the unique facts of each case for all parties; Title IX Coordinator maintains primary oversight for the implementation of all supportive measures
Responsible employee – a staff member or supervisory personnel including but not limited to: Deans, the Chancellor, vice chancellors, department chairs, all faculty members, any employee at the university police department, and any employee in athletics, student conduct, Greek life, student activities, or human resources. The university considers these people to be "responsible employees." These persons must report incidents of sexual discrimination either observed by them or reported to them to the Title IX Coordinator
Consent - 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 activity. Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts.
Force - the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent ("Have sex with me or I'll hit you. Okay, don't hit me, I'll do what you want").
Coercion - unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
Sexual Harassment - under Title IX is defined as unwelcome gender-based verbal or physical conduct and occurs when:
Submission to, or toleration of, such conduct is made a term or condition of instruction, employment, or participation in other university activities;
Submission to, or rejection of, such conduct is used as a basis for employment or education decisions affecting the individual; or
Such conduct is severe, pervasive, and objectionably offensive such that it has the effect of unreasonably interfering with an individual's education or employment performance.
Sexual assault - occurs when a person is subjected to an unwanted sexual act without consent. Sexual acts occur without consent when they are performed by force, in response to a threat, against a person’s will, or where a person is incapable of giving consent due to minority, intellectual impairment, or use of mind altering substances such as drugs or alcohol.
Stalking - defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.
Domestic Violence - defined as felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Arkansas, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Arkansas.
Dating Violence - defined as violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) the type of relationship, and (iii) the frequency of interaction between the persons involved in the relationship.