Definitions

The following definitions can be used to identify forms of sexual violence. These same definitions will be used in the Title IX complaint process.

Complainant
A complainant is an individual(s) who files a formal accusation against another individual(s).

Respondent
A respondent is an individual against whom a formal accusation has been made.

Confidential Reporter
A confidential reporter is an individual with whom a victim can confidentially report and discuss an instance of sexual harassment including sexual violence without information being shared with others. This typically includes individuals who are serving in their role as a mental-health counselor, pastor, social worker, psychologist, health center employees or any other person with a professional license requiring confidentiality.

Non-Confidential Reporter/Responsible Employee
An employee who has the authority to address sexual harassment including sexual violence, who has the duty to report incidents of sexual harassment or other student misconduct, or who a student could reasonably believe has this authority or duty. Examples include but are not limited to faculty members, advisors, employees in most OSU-CHS offices and anyone in a supervisory role.

Victim Advocate
The OSU-CHS Victim Advocate is an individual who can offer victims information, emotional support, and help finding resources and filling out paperwork. The Victim Advocate can keep all information confidential and does not have to report the incident to anyone on campus.

Sexual Misconduct – OSU CHS Title IX Policy, 1.02 Definitions, p.

This term used to encompass Sexual Assault, Indecent Exposure, and Sexual Exploitation.

Sexual Assault: An offense that meets the definition of rape, fondling, incest, or statutory rape:

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;
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 his/her age or because of his/her temporary or permanent mental incapacity;
iii. Incest – sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law;
Statutory Rape – sexual intercourse with a person who is under the statutory age of consent.

Sexual Exploitation: Conduct where an individual takes non-consensual or abusive sexual advantage of another for their own benefit, or to benefit anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to, engaging in voyeurism; sharing of pornographic or other sexually inappropriate material; the intentional removal of a condom or other contraceptive barrier during sexual activity without the consent of a sexual partner; and any activity that goes beyond the boundaries of consent, such as recording of sexual activity, letting others watch consensual sex, or knowingly transmitting a sexually transmitted disease (STD) to another. Allegations of Sexual Exploitation will be evaluated to determine if the meet the severe, pervasive and objectively offensive standard.

Indecent Exposure: The act of intentionally exposing one’s genitals in public or in front of others, for the purpose of sexual gratification or causing offense. Allegations of Indecent Exposure will be evaluated to determine if the meet the severe, pervasive and objectively offensive standard.

Sexual Harassment – OSU CHS Title IX Policy, 1.02 Definitions, o.

Conduct on the basis of sex that satisfies one or more of the following:

A person acting on behalf of the University in a position of authority conditioning the provision of any aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct (quid pro quo);
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity;
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct that explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment;

Subsections (i) and (iii) are not evaluated for severity, pervasiveness, offensiveness, because such conduct is sufficiently severe to deny access to the University’s education program or activities.

Sexual Violence
Sexual violence consists of physical sexual acts committed against a person’s will or when a person is incapable of giving consent. A number of different acts fall into the category of sexual violence, including sexual misconduct, stalking, dating violence, and domestic violence.

Stalking – OSU CHS Title IX Policy, 1.02 Definitions, q.

Stalking refers to one who engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

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 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.

Dating Violence – OSU CHS Title IX Policy, 1.02 Definitions, d.

Dating violence is committed by a person who is or has been in a social relationship of a romantic or intimate nature with another person. The existence of such a relationship shall be determined based on consideration of the following factors:
length of relationship, type of relationship, and frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts that meet the definition of domestic violence.

Domestic Violence – OSU CHS Title IX Policy, 1.02 Definitions, f.

Domestic violence is a crime of violence committed by a:

current or former spouse or intimate partner of the victim;
person with whom the victim shares a child in common;
person who is cohabitating with or has cohabited with the victim as a spouse or intimate partner;
person similarly situated to a spouse of the victim;
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 Oklahoma.

Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions, or threat of actions that influence another person.

Retaliation – OSU CHS Title IX Policy, 7.01

Behaviors indicating but not limited to, intimidation, threats, coercion, or discrimination against a person who, acting in good faith, brings a complaint forward or against an individual who has participated in an investigation or conduct process. For more information, see the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges Policy 3.06 Non-Retaliation.

Students, faculty, and staff can also call the OSU CHS Victim Advocate at 918-200-5218.