Policy Definitions & Key Terms

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Policy Definitions

Please use the Sex-Based Misconduct policy for the most up-to-date definitions.

Sex-Based Misconduct or Prohibited Conduct

Sex-Based Misconduct, or prohibited conduct under the Sex-Based Misconduct Policy, refers to sex discrimination, sex-based harassment including quid pro quo harassment, hostile environment harassment, sexual assault, dating violence, domestic violence, and stalking, and other misconduct including unwelcome sexual, sex, or gender-based conduct, sexual exploitation, sexual violence, and retaliation.

Sex Discrimination

Sex Discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Discrimination is different treatment with respect to an individual’s employment or participation in an education program or activity based, in whole or in part, upon the individual’s actual or perceived sex-based protected characteristic. Discrimination also includes allegations of a failure to provide reasonable accommodations or modifications for pregnancy or related conditions. Different treatment includes any differential treatment of a person or persons that is based on an individual’s actual or perceived sex and that:

Excludes an individual from participation in;
Denies the individual benefits of; or
Otherwise adversely affects a term or condition of an individual’s participation in a university program or activity.

In the limited circumstances in which Title IX law permits different treatment or separation on the basis of sex, the university must not carry out such different treatment or separation in a manner that discriminates on the basis of sex by subjecting a person to more than de minimis harm, except as permitted by the exceptions and corresponding regulations in the U.S. Code (pdf).

Sex-Based Harassment

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, and gender identity, that is: Quid Pro Quo Harassment, Hostile Environment Harassment, Sexual Assault, Dating Violence, Domestic Violence, or Stalking.

Quid Pro Quo Harassment

Quid Pro Quo Harassment means a university employee, agent, or other person authorized by the university to provide an aid, benefit, or service under the university’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

Hostile Environment Harassment

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 a person’s ability to participate in or benefit from the university's education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

The degree to which the conduct affected the complainant’s ability to access the university's education program or activity;
The type, frequency, and duration of the conduct;
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;
The location of the conduct and the context in which the conduct occurred; and
Other sex-based harassment in the university’s education program or activity

Sexual Assault

Sexual Assault (See 20 U.S.C. 1092 (f)(6)(A)(v)) means:

Forcible Fondling. Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim. Private body parts includes breasts, buttocks, groin, and sex organs.
Incest. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Rape. The 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, without the consent of the victim. This offense includes attempted rape and assault with intent to commit rape.
Sexual Assault with an Object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim.
Forcible Sodomy. Oral or anal sexual intercourse with another person, without the consent of the victim.
Statutory Rape. Statutory Rape is sexual intercourse with a person who is under the statutory age of consent.

Consent

Consent means mutually understood words or actions indicating a freely given, informed agreement to engage in a particular sexual activity with a specific person or persons. Consent must be voluntarily given and cannot be the result of Coercion. A person’s lack of verbal or physical resistance or submission resulting from use or threat of force does not constitute consent. A person’s manner of dress does not constitute consent. A person’s consent to past sexual activity does not constitute consent to future sexual activity. A person’s consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another. A person can withdraw consent at any time.

A person cannot consent to sexual activity if that person is unable to understand the nature, fact, or extent of the activity or give knowing consent due to circumstances including without limitation the following:

the person is incapacitated due to the use or influence of alcohol or drugs;
the person is asleep or unconscious;
the person is under the legal age to provide consent; or
the person has a disability that prevents such person from having the ability or capacity to give consent.

To be found responsible in a case involving a Complainant who could not consent to sexual activity, the Respondent must have known, or should have known, the Complainant was unable to understand the nature of the sexual activity or give knowing consent due to the circumstances. “Should have known” is an objective, reasonable person standard. That is, would a reasonable person have recognized that the Complainant could not consent to the sexual activity.

Coercion

Coercion is the use of force, threats, intimidation, or severe or persistent pressure that would reasonably cause an individual to fear significant consequences if they refuse to engage in sexual contact. In evaluating whether Coercion was used, the University will consider: (1) the frequency, intensity, and duration of the pressure; (2) the degree of isolation of the person being pressured; and (3) any actual or perceived power differential between the parties in the context of their respective roles within the University. For example, when a person expresses a decision not to participate in a particular sexual activity, a decision to stop, or a decision not to go beyond a certain sexual interaction, continued pressure can be coercive.

Sexual Exploitation

Sexual Exploitation means the use of another person’s nudity or sexual activity without consent for the purpose of sexual gratification, financial gain, or anyone’s advantage or benefit other than the person whose nudity or sexual activity is being used. Sexual Exploitation includes, but is not limited to:

observing, recording, or photographing nudity or sexual activity of one or more persons without their consent in a location where there is a reasonable expectation of privacy;
allowing another to observe, record, or photograph nudity or sexual activity of one or more persons without their consent; or
otherwise distributing recordings, photographs, or other images of the nudity or sexual activity of one or more persons without their consent.

Sexual Violence

Sexual Violence means physical sexual acts attempted or perpetrated against a person’s will or when a person is incapable of giving consent.

Stalking

Stalking means 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, surveils, 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 victim.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

The Sex-Based Misconduct policy addresses stalking on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Stalking is generally determined to be sex-based when it:

is sexual or romantic in nature;
is committed by the victim’s current or former partner of an intimate, romantic, or sexual nature; and/or
is related to the victim’s actual or perceived sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, or gender expression (including victim exhibiting or failing to conform to traditional notions of femininity and masculinity).

Where a report of Stalking involves the alleged behavior of a Student, the Title IX Coordinator will determine if the reported conduct meets these criteria. Alleged stalking behavior by a Student that does not fall under the Sex-Based Misconduct policy may be addressed under the Student Code by the Office for Student Conflict Resolution.

Where a report of Stalking involves the alleged behavior of a university employee, applicant for employment, other affiliated individual, or third party, the Title IX Coordinator, in consultation with the Office for Access & Equity – Equal Employment Opportunity division and the applicable Human Resources unit, will determine if the reported conduct meets the above criteria. Alleged Stalking behavior by a university employee or applicant for employment, other affiliated individual, or a third party that does not fall under the Sex-Based Misconduct policy may be referred to Illinois Human Resources and may be addressed using applicable policies and procedures.

Dating Violence

Dating Violence means violence committed by a person:

who is or has been in a social relationship of a romantic or intimate nature with the victim; and
where the existence of such a relationship shall be determined based on consideration of the following factors:
1. the length of relationship;
2. the type of relationship; and
3. the frequency of interaction between the persons involved in the relationship.

Acts of Dating violence that also meet the definition of Domestic violence will be charged as Domestic violence.

Domestic Violence

Domestic Violence means felony or misdemeanor crimes committed by a person who:

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

Examples of felony or misdemeanor crimes for the purpose of this definition include but are not limited to: domestic battery, aggravated domestic battery, stalking, aggravated stalking, cyberstalking, sexual assault, and sexual abuse.

Retaliation

Retaliation means intimidation, threats, coercion, or discrimination against any person 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, for the purpose of interfering with any right or privilege secured by Title IX or the Sex-Based Misconduct policy, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Sex-Based Misconduct policy, including in an informal resolution process, in grievance procedures, and in any other actions taken by the university under the Sex-Based Misconduct policy. Nothing in this definition or the Sex-Based Misconduct policy precludes the university from requiring an employee or other person authorized by a university to provide aid, benefit, or service under the university’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing under the Sex-Based Misconduct policy.

Unwelcome Sexual, Sex or Gender-Based Conduct

Unwelcome sexual, sex or gender-based conduct means any unwelcome sexual, sex-based, or gender-based conduct occurring within or having an adverse impact on the workplace or academic environment, regardless of how it is conducted (physically, verbally, in writing, or via an electronic medium) and regardless of the sexes or genders of the individuals involved. This category of misconduct comes in three forms, each of which may also qualify as Title IX Sexual Harassment or violate the Nondiscrimination Policy in some circumstances:

Gender-Based or Sexual Hostility: Objectively offensive treatment of another person or group, through words or conduct, with hostility, objectification, exclusion, or as having inferior status based on sex, gender (including gender identity or gender expression), or sexual orientation.
Unwanted Sexual Attention: Objectively offensive sexual attention, advances, or comments that a person reasonably should know are unwanted or which continue to occur or persist after the recipient has communicated a desire that the behavior stop.
Sexual Coercion: Use of force, violence, threats, or other threats of harm by an individual to compel or attempt to compel another individual to engage in unwelcome sexual activity.

Unwelcome sexual, sex or gender-based conduct need not be illegal under existing laws to violate the Sex-Based Misconduct policy. To be disciplined through a formal complaint process, however, the behavior must be by an employee acting in the course of employment. In investigating and responding to reports of violations, due consideration will be given to an individual’s rights to free speech, expression, and academic freedom. While speech can be used to harass or engage in unwelcome sexual, sex or gender-based conduct and can provide evidence of discriminatory intent, speech does not violate the Sex-Based Misconduct policy just because it is subjectively offensive. A reasonable person must also find it offensive, it must lack bona fide academic purpose, and it must fall within one of the definitions of misconduct found in the Sex-Based Misconduct policy. What sanctions or other responsive actions may be deemed appropriate, if any, will depend on the facts and circumstances of the case.

More than De Minimis Harm

More than de minimis harm means harm that is genuine and objectively non-trivial as assessed from the perspective of a reasonable person in the individual’s position.

On the Basis of Sex or Sex-Based

On the basis of sex or Sex-based includes on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Pregnancy or Related Conditions

Pregnancy or related conditions means:

Pregnancy
Childbirth
Termination of pregnancy (this includes the end of pregnancy in any manner, including miscarriage, stillbirth, or abortion)
Lactation
Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation
Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions

Key Terms

Campus Security Authorities ("CSAs")

Categories of University employees and University units specified in the Clery Act and required to report good faith allegations that certain crimes occurred on campus, in public areas bordering campus, and in non-campus buildings owned or controlled by the University.

For an expanded definition please visit Campus Security Authorities.

Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092(f), which requires the university to record and report certain crimes, to disclose certain statistics, to provide campus safety and security policy statements, and to notify the campus community regarding certain crimes and other serious incidents.

Complainant

Complainant means an individual who is alleged to be the victim of conduct that could constitute a violation of the Sex-Based Misconduct policy.

Confidential Advisor

A person employed or contracted by a higher education institution to provide emergency and ongoing support to student survivors of sexual violence with the training, duties, and responsibilities described within the Illinois Preventing Sexual Violence in Higher Education Act. The university has confidential advisors to provide those who have experienced sex-based misconduct with information on available counseling and crisis response services, to discuss reporting options and possible outcomes, and to advise survivors of their rights and the university’s responsibilities regarding orders of protection, no contact directives, or similar orders that the university, a criminal court, or a civil court may issue. If a survivor requests, confidential advisors can also liaise with campus officials, rape crisis centers, sexual assault centers, the University of Illinois Police Department and/or local law enforcement. Upon request, confidential advisors can also assist survivors with contacting and reporting to campus officials, the University of Illinois Police department, and/or local law enforcement, and/or requesting appropriate interim/protective measures. Before being designated a confidential advisor, individuals must have 40 hours of training on sexual violence, and subsequently attend a minimum of 6 hours of ongoing education training annually on issues related to sexual violence. Confidential advisors are not designated as "Responsible Employees," as defined below.

Confidential Resource

An individual who is not required to disclose reports of sex-based misconduct to the University or law enforcement.

Complaint

Complaint means an oral or written request to the university that can objectively be understood as a request for the university to investigate and make a determination about alleged Sex-Based Misconduct Policy violation(s).

Non-Confidential Resource

An individual who is required to disclose reports of sex-based misconduct to the University or law enforcement.

Parties/Party

Parties/Party include the Complainant(s) and Respondent(s), collectively.

Respondent

Respondent means an individual who is alleged to have engaged in Prohibited Conduct under the Sex-Based Misconduct Policy.

Responsible Employee

Responsible Employees are university employees who are required to notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute Prohibited Conduct under the Sex-Based Misconduct Policy.

Please review FAQs about Employee Reporting Obligations for more information, including who constitutes a Responsible Employee.

Supportive measures

Supportive measures are 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 the Parties to:

Restore or preserve that party’s access to the university’s education program or activity, including measures that are designed to protect the safety of the parties or the university’s educational environment; or
Provide support during the grievance procedures or during the informal resolution process under the Sex-Based Misconduct Policy.

Survivor

An individual who has experienced sex-based misconduct.

Title IX

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., a federal law that prohibits sex discrimination, including sex-based misconduct, in education programs and activities for institutions that receive federal financial assistance, as well as retaliation for the purpose of interfering with any right or privilege protected by Title IX.

Title IX Coordinator

The University official responsible for coordinating the University's efforts to comply with and carry out its responsibilities under Title IX of the Education Amendments of 1972.

Please review Title IX Coordinator for more information.

Policy Definitions & Key Terms

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