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An individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment under this policy.

An individual who has been reported to be the perpetrator of conduct that could constitute Title IX Sexual Harassment under this policy.

1. Capacity to consent: Consent is not present when an individual does not have the capacity to give consent, voluntarily or involuntarily, due to age (generally, the age of consent is 17 in Illinois), physical condition, or disability that impairs the individual's ability to give consent. Reasons why one could lack capacity to give consent due to a physical condition include, but are not limited to, consumption of drugs or alcohol (voluntarily or involuntarily) or being in a state of unconsciousness, sleep, or other state in which the person is unaware that sexual activity is occurring.
2. "Incapacitated" refers to a state when a person does not understand the nature or fact of sexual activity due to the effects of drugs or alcohol consumption, medical condition or disability, sleep, or other types of unconsciousness. When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence or impaired by use of the drug. Alcohol and other drugs impact each individual differently, and determining whether an individual is incapacitated requires an individualized determination. Some indicators of incapacitation due to consumption of drugs or alcohol may include, but are not limited to:
   1. Lack of full control over physical movements (for example, difficulty walking or standing without stumbling or assistance);
   2. Lack of awareness of circumstances or surroundings (for example, lack of awareness of where one is, how one got there, who one is with, or how or why one became engaged in sexual interaction);
   3. Inability to effectively communicate for any reason (for example, slurring speech, difficulty finding words).

A person may appear to be giving consent but may not have the capacity to do so. When determining whether a person has the capacity to provide consent, the University will consider whether a sober, reasonable person in the same position knew or should have known whether the other party could or could not consent to the sexual activity. It is especially important, therefore, that anyone initiating sexual activity is aware of their own level of intoxication as it may impact their ability to assess another person's capacity to give consent. Being intoxicated or impaired by drugs or alcohol does not excuse one from the responsibility to obtain consent. Being intoxicated or impaired by drugs or alcohol is never an excuse to commit sexual misconduct.

1. Knowing: All individuals understand, are aware of, and agree as to the "who" (same partners), "what" (same acts), "where" (same location), "when" (same time), and "how" (the same way and under the same conditions) of the sexual activity.
2. Active: Consent must take the form of "clearly understandable words or actions" that reveal one’s expectations and agreement to engage in specific sexual activity. This means that silence, passivity, submission, or the lack of verbal or physical resistance (including the lack of a "no") should not – in and of themselves – be understood as consent. Consent cannot be inferred by an individual’s manner of dress, the giving or acceptance of gifts, the extension or acceptance of an invitation to go to a private room or location, or going on a date.
3. Voluntary: Consent must be freely given and cannot be the result of intimidation (extortion, menacing behavior, bullying), coercion (severe or persistent pressure causing fear of significant consequences if one does not engage in sexual activity), force (violence, physical restraint, or the presence of a weapon), threats (indications of intent to harm, whether direct or indirect), or fraud (misrepresentation or material omission about oneself or the present situation in order to gain permission for sexual or intimate activity).
4. Present and Ongoing: Consent must exist at the time of the sexual activity. Consent to previous sexual activity does not imply consent to later sexual acts; similarly, consent to one type of sexual activity does not imply consent to other sexual acts. Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person. Consent may also be withdrawn at any time, provided the person withdrawing consent makes that known in clearly understandable words or actions.

1. Quid Pro Quo Sexual Harassment: An employee of ˿����Ƶ conditioning the provision of an aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct.
2. Hostile Environment Sexual Harassment: Unwelcome conduct on the basis of sex determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to ˿����Ƶ's Education Program or Activity.

1. Penetration: The penetration, no matter how slight, of the vagina or anus with any body part or object or instrument, or oral penetration by a sex organ of another person, without the consent of the victim or where the victim is incapable of giving consent, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. An "object" or "instrument" is anything used by the offender other than the offender's genitalia.
2. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
3. Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
4. Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.

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:
   1. The length of the relationship.
   2. The type of relationship.
   3. The frequency of interaction between the persons involved in the relationship.

"Domestic violence" as defined in 34 U.S.C. 12291(a)(8). Under 34 U.S.C. 12291(a)(8), the term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner 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 or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, 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 jurisdiction.

1. fear for their safety or the safety of others; or
2. suffer substantial emotional distress.

1. Student or employee who is alleged to have been subjected to conduct that could constitute Prohibited Conduct under this policy or
2. A person other than a student or employee who is alleged to have been subjected to Prohibited Conduct and who was participating or attempting to participate in the University's education program or activity at the time of the Prohibited Conduct.

A person who is alleged to have violated this policy.

Adverse treatment of an individual based on one or more actual or perceived protected bases or characteristics listed in this policy. Discrimination is a violation of this policy when it results in adverse action or negatively impacts the terms and conditions of an individual employment or education or denies or limits participation in programs, services, or activities, except as permitted or required by law. Some examples of discrimination include:

1. Not allowing a student to join or participate in a student organization based upon their religious belief or because they wear symbols or styles of dress associated with their religion;
2. Refusing to allow a student or employee to participate in a program, class, or meeting based upon their national origin;
3. Not offering a job to a person based on their age;
4. Not recommending a person for promotion based on their gender identity.

In determining whether discrimination occurred, the Office of Civil Rights and Title IX Compliance examines whether there was an adverse impact on the individual's work or education environment and whether individuals outside of the protected class received more favorable treatment. If there was an adverse impact on the individual's work or education environment, the Office of Civil Rights and Title IX Compliance considers whether there is a legitimate, nondiscriminatory reason for the action.

Examples of discrimination include:

• refusing to hire or promote someone because of their membership in a protected class;
• denying someone a tangible employment benefit, such as a raise or a bonus, because of their membership in a protected class;
• reducing someone's job responsibilities because of their membership in a protected class;
• denying someone access to an educational program based on their membership in
  a protected class;
• denying someone access to a University facility based on their membership in a
  protected class.

Prohibited harassment is unwelcome verbal, physical, written, or visual conduct or conduct using technology based on an actual or perceived protected characteristic that when based on the totality of circumstances is subjectively and objectively offensive and so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the education program or activity or has the purpose or effect of creating an academic or working environment that a reasonable person would consider to be intimidating, hostile, or offensive.

The Office of Civil Rights and Title IX Compliance examines the context, nature, scope, frequency, duration, and location of incidents, as well as the relationships of the persons involved, to determine whether the conduct is sufficiently severe or pervasive as to meet the above standards. A person's subjective belief that behavior is intimidating, hostile, or offensive does not make that behavior prohibited harassment under this policy. The behavior must create a hostile environment and/or substantially interfere with access to a University program or activity from an objective perspective.

Examples of harassing conduct that may create a hostile environment include:

• Verbal abuse or use of racist, anti-Semitic, or anti-Arab slurs or hostile behavior, which could include insulting, teasing, mocking, degrading, or ridiculing another person or group regardless of whether the person is actually a member of the group;
• Defacing an individual's property with hateful symbols, such as a swastika or noose;
• Inappropriate physical contact, comments, questions, advances, jokes, epithets, or demands based on one or more actual or perceived protected characteristics;
• Physical assault, intimidation, or stalking on the basis of one or more actual or perceived protected characteristics; or
• Displays or electronic transmission of derogatory, demeaning, or hostile materials related to one or more actual or perceived protected characteristics

General bullying or uncivil behavior that is not based on a protected class does not fall within the purview of this policy or NU-OCR. However, such behavior may violate the University's expectations regarding Civility and Mutual Respect, Standards for Business Conduct, ˿����Ƶ's Student Handbook, or other University policy and should be reported to Human Resources and/or an individual's supervisor (for employees) or Community Standards (for students).

Examples of Title IX harassment include

• offensive jokes related to a protected class;
• the use of slurs and stereotypes related to a protected class;
• name calling related to a protected class;
• intimidation, ridicule, or mockery connected to a protected class;
• displaying or circulating offensive objects and pictures that are based on a protected class.

Although federal, state, and local laws may have different definitions, a hostile work environment generally involves unwelcome conduct based on a person's sex or other protected characteristics that is intimidating, abusive, or offensive. Petty slights, annoyances, or isolated incidents unrelated to a person's protected characteristics do not generally create a hostile work environment. However, actions and comments may cross the line into unlawful conduct when the behavior creates a work environment that a reasonable person would consider hostile. A "work environment" doesn't just refer to the physical work area, but can be anywhere that harassment impacts work (e.g., online harassment could potentially result in a hostile work environment).

This form of harassment typically involves a person in a position of authority asking a subordinate or student to submit to unwelcome sexual conduct in exchange for an academic or a work benefit or decision. Quid pro quo harassment is illegal whenever the conduct is unwelcome, even if the person submitting seems to go along with it.

General bullying or uncivil behavior that is not based on a protected class does not fall within the purview of the Policy on Discrimination, Harassment, and Sexual Misconduct or the Office of Civil Rights and Title IX Compliance. However, such behavior may violate the University's expectations on civility and mutual respect as outlined in the faculty, staff, and student handbooks, Standards for Business Conduct, or other University policy; violations should be reported to the Office of Human Resources and/or an individual's supervisor (for staff), the appropriate chair or dean (for faculty), or the Office of Community Standards (for students).

Race, color, religion, creed, national origin (including shared ancestry), ethnicity, caste, sex, pregnancy, sexual orientation, gender identity, gender expression, parental status, marital status, age, disability, citizenship status, veteran status, genetic information, reproductive health decision making, height and weight, or any other classification protected by law.

• Sexual penetration without consent: Any penetration of the sex organs or anus of another person when consent is not present; any penetration of the mouth of another person with a sex organ when consent is not present; or performing oral sex on another person when consent is not present. This includes penetration or intrusion, however slight, of the sex organs or anus of another person by an object or any part of the body.
• Sexual contact without consent: Knowingly touching or fondling a person's genitals, breasts, buttocks, or anus, or knowingly touching a person with one's own genitals or breasts, when consent is not present. This includes contact done directly or indirectly through clothing, bodily fluids, or with an object. It also includes causing or inducing a person, when consent is not present, to similarly touch or fondle oneself or someone else.
• Statutory rape: Sexual intercourse with a person who is under the statutory age of consent under the laws of the state in which the incident occurred. In Illinois, the age of consent is 17 years old. However, if the offender is in a position of authority or trust over the victim, the age of consent is 18.
• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Sexual Exploitation: Taking sexual advantage of another person or violating the sexual privacy of another when consent is not present. This includes, but is not limited to, the following actions (including when they are done via electronic means, methods or devices):
  1. Sexual contact without consent: Knowingly touching or fondling a person's genitals, breasts, buttocks, or anus, or knowingly touching a person with one's own genitals or breasts, when consent is not present. This includes contact done directly or indirectly through clothing, bodily fluids, or with an object. It also includes causing or inducing a person, when consent is not present, to similarly touch or fondle oneself or someone else.
  2. Statutory rape: Sexual intercourse with a person who is under the statutory age of consent under the laws of the state in which the incident occurred. In Illinois, the age of consent is 17 years old. However, if the offender is in a position of authority or trust over the victim, the age of consent is 18.
  3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  4. Sexual Exploitation: Taking sexual advantage of another person or violating the sexual privacy of another when consent is not present. This includes, but is not limited to, the following actions (including when they are done via electronic means, methods or devices):
     1. Sexual voyeurism or permitting others to witness, listen to, or observe the sexual or intimate activity of another person without that person's consent;
     2. Indecent or lewd exposure or inducing others to expose themselves when consent is not present;
     3. Recording (through video or audio) any person engaged in sexual or intimate activity in a private space without that person's consent;
     4. Distributing sexual information, images, or recordings about another person without that person's consent;
     5. Recruiting, harboring, transporting, providing, or obtaining another person for the purpose of sexual exploitation;
     6. Inducing incapacitation in another person for the purpose of engaging in sexual conduct with someone who lacks capacity to consent, regardless of whether prohibited sexual conduct actually occurs.

Dating violence is any violence (including but not limited to emotional, physical, sexual, and financial abuse or threat of abuse) between two people who are or have been in a social relationship of a romantic or intimate nature. The existence of such a relationship will depend on the length and type of the relationship and the frequency of interactions between the persons involved.

Domestic violence is violence between two people who are or have been in an intimate or romantic relationship, who share a child in common, or who live or have lived together as spouses or intimate partners. Violence against any person by that person's caretaker or guardian (such as abuse against an elderly, young, or disabled person) may also be considered domestic violence. Examples of domestic violence include but are not limited to physical, emotional, sexual, technological and economic abuse or threat of abuse.

Knowingly engaging in a course of conduct directed at a specific person that one knows or should know would cause a reasonable person to fear for their safety (or the safety of a third party) or suffer substantial emotional distress. "Substantial emotional distress" means significant mental suffering, anxiety or alarm.

Conduct that can amount to stalking may include two or more actions directed at another person, whether done directly, indirectly, through others, via devices, or via any other methods or means (specifically including electronic means e.g., cyberstalking), including but not limited to:

• Following a person;
• Being or remaining in close proximity to a person;
• Entering or remaining on or near a person's property, residence, or place of employment;
• Monitoring, observing, or conducting surveillance of a person;
• Threatening (directly or indirectly) a person;
• Communicating to a person;
• Giving gifts or objects to, or leaving items for, a person;
• Interfering with or damaging a person's property (including pets); or
• Engaging in other unwelcome contact.

• Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of a person's employment, academic standing, or participation in any University program and/or activity, or is used as the basis for University decisions affecting the individual (often referred to as "quid pro quo" harassment); or
• The conduct has the purpose or effect of:
  1. Substantially interfering with, limiting or depriving a member of the community from accessing or participating in the academic or employment environment, and/or substantially interfering with an individual's academic performance or work performance; or
  2. Creating an academic or working environment that a reasonable person would consider to be intimidating, hostile, or offensive.

1. Pressure for a dating, romantic, or intimate relationship;
2. Unwelcome sexual advances;
3. Unwelcome touching, kissing, hugging, or massaging;
4. Pressure for or forced sexual activity;
5. Unnecessary references to parts of the body;
6. Sexual innuendoes, gestures, or humor; or Sexual graffiti, pictures, or posters.

• Capacity to consent: Consent is not present when an individual does not have the capacity to give consent, voluntarily or involuntarily, due to age (generally, the age of consent is 17 in Illinois), physical condition, or disability that impairs the individual's ability to give consent. Reasons why one could lack capacity to give consent due to a physical condition include, but are not limited to, consumption of drugs or alcohol (voluntarily or involuntarily) or being in a state of unconsciousness, sleep, or other state in which the person is unaware that sexual activity is occurring.
• "Incapacitated" refers to the state where a person does not understand the nature or fact of sexual activity due to the effect of drugs or alcohol consumption, medical condition or disability, or due to a state of unconsciousness or sleep. When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence or impaired by use of the drug. Alcohol and other drugs impact each individual differently, and determining whether an individual is incapacitated requires an individualized determination.

Some indicators of a lack of capacity to give consent due to consumption of drugs or alcohol may include, but are not limited to:

1. Lack of full control over physical movements (for example, difficulty walking or standing without stumbling or assistance);
2. Lack of awareness of circumstances or surroundings (for example, lack of awareness of where one is, how one got there, who one is with, or how or why one became engaged in sexual interaction);
3. Inability to effectively communicate for any reason (for example, slurring speech, difficulty finding words).

A person may appear to be giving consent but may not have the capacity to do so. When determining whether a person has the capacity to provide consent, the University will consider whether a sober, reasonable person in the same position knew or should have known whether the other party could or could not consent to the sexual activity. It is especially important, therefore, that anyone initiating sexual activity is aware of their own level of intoxication as it may impact their ability to assess another person's capacity to give consent. Being intoxicated or impaired by drugs or alcohol does not excuse one from the responsibility to obtain consent. Being intoxicated or impaired by drugs or alcohol is never an excuse to commit sexual misconduct.

Aspects of Valid Consent: For purposes of this policy, consent is present when clearly understandable words or actions manifest a knowing, active, voluntary, and present and ongoing agreement to engage in specific sexual or intimate contact. Consent must be all of the following:

1. Knowing: All individuals understand, are aware of, and agree as to the "who" (same partners), "what" (same acts), "where" (same location), "when" (same time), and "how" (the same way and under the same conditions) of the sexual activity.
2. Active: Consent must take the form of "clearly understandable words or actions" that reveal one's expectations and agreement to engage in specific sexual activity. This means that silence, passivity, submission, or the lack of verbal or physical resistance (including the lack of a "no") should not – in and of themselves – be understood as consent. Consent cannot be inferred by an individual's manner of dress, the giving or acceptance of gifts, the extension or acceptance of an invitation to go to a private room or location, or going on a date.
3. Voluntary: Consent must be freely given and cannot be the result of intimidation (extortion, menacing behavior, bullying), coercion (severe or persistent pressure causing fear of significant consequences from the other party if one does not engage in sexual activity), force (violence, physical restraint, or the presence of a weapon), threats (indications of intent to harm, whether direct or indirect), or fraud (misrepresentation or material omission about oneself or the present situation in order to gain permission for sexual or intimate activity).
4. Present and Ongoing: Consent must exist at the time of the sexual activity. Consent to previous sexual activity does not imply consent to later sexual acts; similarly, consent to one type of sexual activity does not imply consent to other sexual acts. Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person.

Consent may also be withdrawn at any time, provided the person withdrawing consent makes that known in clearly understandable words or actions.

A person may appear to be giving consent but may not have the capacity to do so. When determining whether a person has the capacity to provide consent, the University will consider whether a sober, reasonable person in the same position knew or should have known whether the other party could or could not consent to the sexual activity. It is especially important, therefore, that anyone initiating sexual activity is aware of their own level of intoxication as it may impact their ability to assess another person's capacity to give consent. Being intoxicated or impaired by drugs or alcohol does not excuse one from the responsibility to obtain consent. Being intoxicated or impaired by drugs or alcohol is never an excuse to commit sexual misconduct.

An office within the Division of Student Affairs that provides accommodations to students with disabilities.

A modification or adjustment to a program, service, job, or application process that makes it possible for the following to enjoy equal opportunities:

1. individuals with disabilities;
2. individuals with pregnancy or related conditions; and
3. individuals observing sincerely held religious beliefs.

A physical or mental impairment which substantially limits one or more major life activities such as walking, seeing, hearing, breathing, bending, lifting, or sitting.

For purposes of this Policy, "employee" means all full-time and part-time faculty, University staff, student employees, wage employees (including temporary employees), professional research staff, and post-doctoral fellows.

A change to an academic program, service, or activity that significantly changes the essential nature of the program, service, or activity.

An individual who has:

1. a physical or mental impairment which substantially limits one or more major life activities such as walking, seeing, hearing, breathing, bending, lifting, or sitting;
2. a record of such an impairment; and/or
3. is regarded as having such an impairment.

Pregnancy means:

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

A change to the work environment that would impose significant operational difficulties and/or financial strain.