Glossary of Terms

 

Glossary of Terms.

Column one has the frequently used terms and the other column shows the definition of each term.

TERM DEFINITION 

Adjudication

Process of deciding or resolving a dispute between two parties. 

Amnesty

To encourage reporting, the University will not discipline Complainants or witnesses for student conduct policy violations that occur around the time of alleged Prohibited Conduct unless the University determines the violation was egregious. Examples of egregious violations include conduct that risked someone’s health or safety, or involved plagiarism, cheating, or academic dishonesty. Complainants may be particularly afraid to report Prohibited Conduct when alcohol, drugs, or other intox- icants were involved (for example, when there was underage drinking). This amnesty provision applies to alcohol- and drug-related student violations.

Campus

Any UC location (e.g., campus, medical center, Office of the President) or the Lawrence Berkeley National Lab and Agriculture and Natural Resources.

Campus SaVE Act 

Campus Sexual Violence Elimination Act; an amendment to the Clery Act that requires higher education institutions to report crime statistics involving sexual assault, domestic violence, dating violence and stalking; provide for standards in institutional student conduct proceedings; and provide campus community wide prevention educational programming.

CARE: Campus Advocacy, Resources & Education (CARE) 

This confidential office provides advice and assistance to complainants concerning sexual misconduct. CARE provides confidential assistance and advocacy, participates in case management of reported complaints, assists with providing training in coordination with key stakeholders, and provides input regarding policy creation and revision. CARE serves as the primary point of contact for all survivors and complainants in need of confidential support and advocacy in the wake of sexual violence (sexual assault, dating and domestic violence, and stalking). Members of the University community who receive reports of sexual misconduct are expected to take proactive steps to refer the complainants to CARE.

Case Management Team 

A team—comprised of Student Conduct, Title IX, campus police, CARE Advocates and other subject matter experts as needed— maintains consistent coordination of reported cases, provides case management for all ongoing cases, ensures all cases are addressed efficiently and effectively, and coordinates communications with complainants and respondents. The Title IX Officer provides oversight of this team function.

Complainant 

Any person who files a report of sexual misconduct or other prohibited behavior or retaliation or any person who has been the alleged subject of such Prohibited Conduct or retaliation.

Clery Act 

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; Federal law that requires colleges and universities that participate in federal student financial aid programs, to disclose information about certain crime statistics on and around their campuses.

Clery Coordinator 

A campus officer responsible for ensuring compliance with the Clery Act, including collecting, maintaining, and reporting campus crime statistics to the Department of Education.

Confidential Resources 

The following employees who receive reports in their confidential capacity include on the UCSC campus:

  • CARE Advocates
  • Licensed counselors in student counseling centers (CAPS) and in employee assistance programs (EAP)
  • Any persons with a professional license requiring confidentiality (including health center employees but excluding campus legal counsel), or someone who is supervised by such a person
Designation as a Confidential Resource for purposes of the UC Sexual Violence and Sexual Harassment Policy only exempts a person from reporting to the Title IX office but not from other mandatory reporting obligations under UC CANRA (Child Abuse and Neglect Reporting Act) Policy, the Clery Act as a Campus Security Authority (CSA), and other policies of laws that require reporting to campus or local law enforcement, or Child Protective Services.


Consent 

 

Consent is affirmative, conscious, voluntary, and revocable. Consent to sexual activity requires of each person an affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person to ensure they have the affirmative consent of the other to engage in the sexual activity. Lack of protest, lack of resistance, or silence do not, alone, constitute consent. Affirmative consent must be ongoing and can be revoked at any time during sexual activity. The existence of a dating relationship or past sexual relations between the Complainant and Respondent will never by itself be assumed to be an indicator of consent (nor will subsequent sexual relations or dating relationship alone suffice as evidence of consent to prior conduct). The Respondent’s belief that the Complainant consented will not provide a valid defense unless the belief was actual and reasonable. In making this determination, the factfinder will consider all of the facts and circumstances the Respondent knew, or reasonably should have known, at the time. In particular, the Respondent’s belief is not a valid defense where:

  1. The Respondent’s belief arose from the Respondent’s own intoxication or recklessness;
  2. The Respondent did not take reasonable steps, in the circumstances known to the Respondent at
    the time, to ascertain whether the Complainant affirmatively consented; or

  3. The Respondent knew or a reasonable person should have known that the Complainant was unable to consent because the Complainant was incapacitated, in that the Complainant was:
    1. asleep or unconscious; 
    2. unable to understand the fact, nature, or extent of the sexual activity due to influence of drugs, alcohol, or medicationl or 
    3. unable to communicate due to a mental or physical condition.

Note: Incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily incapacitated merely as a result of drinking, using drugs, or taking medication.

 

Coordinated Community Review Team (CCRT)

Brings together a cross-section of campus and community constituents to guide the campus in preventing and responding to sexual misconduct at a campus level. The team is responsible for a campus collaborative approach to address sexual misconduct, and focuses on developing and reviewing policies, developing community relations (internal and external), discussing legal updates, providing cross training, and coordinating communication and prevention education and outreach efforts. The designated individual from each campus will provide oversight for this team and this team will report to the Chancellor (or designee). 

Dating Violence 

 

Conduct by a person who is or has been in a romantic or intimate relationship with the Complainant that intentionally, or recklessly, causes bodily injury to the complainant or places the complainant in reasonable fear of serious bodily injury. The nature of the relationship between the complainant and respondent is determined by the length, type, and frequency of interaction between them. 

 

Dear Colleague Letter 

 Guidance issued by the Department of Education’s Office for Civil Rights on April 4, 2011 to assist colleges and universities with meeting their obligations under Title IX to provide an educational experience free from sexual harassment and sexual violence.

Domestic Violence 

 

 Conduct by a current or former spouse or intimate partner of the complainant; or a person with whom the Complainant shares a child in common, that intentionally, or recklessly, causes bodily injury to the complainant or another, or places the Complainant or another in reasonable fear of serious bodily injury.

ED 

U.S. Department of Education, the federal agency that establishes policy for, administers and coordinates most federal assistance to education, and implements laws enacted by Congress.

DOJ 

Department of Justice, the US federal agency responsible for enforcement of the law and administration of justice.

 

Governance 

Oversees the principles and program, ensures compliance and provides high-level strategic direction (the “what”).

 

Incapacitation

is defined as the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, but are not limited to, unconsciousness, sleep, and blackouts.  Where alcohol, drugs or other medication are involved, incapacitation is defined with respect to how the alcohol or other drugs consumed affects a person’s decision-making capacity, awareness of consequences, ability to make fully informed judgments, and inability to communicate.

 Being intoxicated by drugs, alcohol or other medication does not absolve one’s responsibility to obtain consent.  The factors to be considered when determining whether consent was given include whether the respondent knew, or whether a reasonable person should have known, that the complainant was incapacitated.

Location 

 

"Location" is any University of California campus, the Lawrence Berkeley National Laboratory, Medical Centers, the Office of the President, and Agriculture and Natural Resources.

 

LGBTQ 

Individuals who identify as Lesbian, Gay, Bisexual, Transgender, Queer/Questioning.

OCR 

 

The Department of Education’s Office for Civil Rights, within the DOJ, whose mission is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.

 

Ongoing Prevention and Awareness Campaigns 

Programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills addressing dating violence, domestic violence, sexual assault, sexual violence, and stalking, using a range of strategies with audiences throughout the institution.

Police  

Campus police are sworn police officers employed to protect the campus and surrounding areas and the people who live on, work on and visit it. Campus police officers are commissioned through their state Peace Officer Standards and Training after completing established training. A university police officer has equivalent authority as a municipal or state peace officer.

 

Preponderance of Evidence 

A standard of proof that requires that a fact be found when its occurrence based on evidence, is more likely than not. 

 

Primary Prevention Programs 

Programming, initiatives, and strategies informed by research or assessed for value, effectiveness or outcome that are intended to stop dating violence, domestic violence, sexual assault, sexual violence, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexually, encouraging safe bystander intervention, and seek to change behavior and social norms in health and safe directions.

 

Prohibited conduct 

Under the UC Sexual Violence and Sexual Harassment Policy "prohibited conduct" includes sexual assault: penetration, sexual assault: contact, dating violence, domestic violence, stalking, sexual harassment, invasions of sexual privacy, sexual intercourse with a person under the age of 18, exposing one's genitals in a public place for the purpose of sexual gratification, failing to comply with the terms of a no-contact order, a suspension of any length, or any order of exclusion issued under the UC Sexual Violence and Sexual Harassment Policy.

 

PSA 

Public Service Announcement/Ad; messages in the public interest disseminated by the media with the objective of raising awareness and changing public attitudes and behaviors toward a social issue.

 

Respondent 

A person alleged to have engaged in Prohibited Conduct and about whom a report of sexual violence, sexual harassment, other prohibited behavior, or retaliation is made. 

 

Response Model Teams 

The response model consists of two teams. 1. A case management team that includes, at a minimum, Student Conduct, Title IX, campus police and advocacy; team will meet regularly. 2. A team responsible for a campus collaborative approach to addressing sexual violence; to ensure success the team must include key stakeholders across the campus and community.

 

Responsible Employee 

Any University employee who is not a Confidential Resource. Responsible employees are required to report to Title IX if, in the course of employment, they receive information that a student (undergraduate, graduate, or professional) has suffered sexual violence, sexual harassment, or other prohibited behavior. Responsible employees shall promptly notify the Title IX Officer or designee. This includes Residential Assistants, Graduate Teaching Assistants, and all other student employees, when disclosure are made to any of them in their capacities as employees. Responsible employees are also required to provide the Reporting Options Handout to the victim and to refer them to the confidential CARE Office.

In addition, the following responsible employees who, in the course of employment, receive a report of Prohibited Conduct from any other person affiliated with the University shall notify the Title IX Officer or designee:

  • Campus Police
  • Human Resource Administrators, Academic Personnel, and Title IX Professionals
  • Managers and Supervisors including Deans, Department Chairs, and Directors of Organized Research Units (ORU)
  • Faculty members

 

 

Retaliation 

Retaliation includes threats, intimidation, reprisals, and/or adverse employment or educational actions against a person based on their report of Prohibited Conduct or participation in the investigation, report, remedial, or disciplinary processes provided for in the UC  Sexual Violence and Sexual Harassment Policy.

Sexual Assault-Penetration 

Without the consent of the complainant, penetration, no matter how slight, of the vagina, anus, or mouth by a penis; or the vagina or anus by any body part or object.

Sexual Assault-Contact 

Without the consent of the complainant, touching an intimate body part (genitals, anus, groin, breast, or buttocks) unclothed or clothed. Note: As this definition encompasses a broad spectrum of conduct, not all of which constitutes sexual violence, the Title IX Officer will determine whether the allegation should be treated as sexual violence or sexual harassment. 

Sexual Harassment 

Unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal, nonverbal, or physical conduct of a sexual nature when:

  • Quid Pro Quo: a person's submission to such conduct is implicitly or explicitly made the basis for employment decisions, academic evaluation, grades or advancement, or other decisions affecting participation in a University program; or
  • Hostile Environment: such conduct is sufficiently severe or pervasive that it unreasonably denies, adversely limits, or interferes with a person's participation in or benefit from the education, employment or other programs and services of the University and creates an environment that a reasonable person would find to be intimidating or offensive.

Sexual Misconduct 

Includes dating violence, domestic violence, sexual assault, sexual violence, and stalking.

Sexual Violence 

Physical sexual acts engaged without the consent of the other person or when the other person is unable to consent to the activity. Sexual violence includes sexual assault, rape, battery, and sexual coercion, domestic violence and stalking.

Stalking 

Repeated conduct directed at a complainant (e.g. following, monitoring, observing, surveilling, threatening, communicating or interfering with property) of a sexual or romantic nature or motivation, that would cause a reasonable person to fear for their safety, or the safety of others, or to suffer substantial emotional distress.  

Student Conduct Officer 

University Official responsible for handing resolution meetings or conduct reviews with an individual alleged to have violated the Code of Conduct and to assign or recommend sanctions.

Title IX Officer 

The designated coordinator or agent of the University with the responsibility for coordinating University Title IX compliance efforts.

Trauma-Informed Services 

Services designed to acknowledge the impact of violence and trauma on people's lives and the importance of addressing trauma in education. Services are influenced by an understanding of the impact of interpersonal violence and victimization on an individual’s life and development. To provide trauma-informed services, all staff of an organization must understand how violence impacts the lives of the people being served, so that every interaction is consistent with the recovery process and reduces the possibility of re-traumatization.

University of California Sexual Violence and Sexual Harassment Policy (SVSH) 

Policy that applies to all UC employees and students on its campuses that participate in University programs and activities and furthers the University’s commitment to compliance with the law and to the higher standards of ethical conduct.

VAWA 

The Violence Against Women Act, a federal law meant to end violence against women by improving the criminal justice response to violence against women and enhancing services to and resources for victims.