Glossary of Terms

Adviser: A single person chosen by a party to accompany the party to meetings related to the investigative and resolution processes, to advise the party on those processes, and to conduct cross-examination for the party at the hearing. An adviser may be any person, who may be, but is not required to be, an attorney.

For parties participating in a Formal Investigation and Hearing Process, the College will appoint an adviser if a student is unwilling or unable to procure an adviser on their own, or at the party’s request. A party is required to have an adviser during a hearing to conduct cross-examination of the other party. If a party does not have an adviser prior to a hearing, the Title IX Coordinator will appoint an adviser for the party.

Affirmative Consent: Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

As used in this policy, the term “consent” always refers to “affirmative consent” (as defined above). The definition of consent does not vary based on relationship status. Previous consensual sexual activity or consent to one sexual act does not necessarily constitute consent to any other sexual act. Consent is required regardless of whether the person initiating the act is under the influence of drugs, illegal substances, and/or alcohol. Consent may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation may be caused by lack of consciousness, being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent to sexual activity. In New York State, minors under 17 years of age cannot consent to sexual activity. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.

Coercion: Coercion is verbal and/or physical conduct, including intimidation and explicit or implied threats of physical, emotional, or other harm, that would reasonably place a person in fear of immediate or future harm and that is used to compel that person to engage in sexual conduct against their will.

Coercion is more than an effort to persuade, entice, or attract another person to engage in sexual conduct. When a person makes clear that they do not want to participate in a particular form of sexual conduct, that they want to stop, or that they do not want to go beyond a certain type of sexual conduct, continued pressure can be coercive if it would reasonably place that person in fear of immediate or future harm.

In evaluating whether coercion was used, the frequency, duration, and intensity of the respondent’s verbal or physical conduct or threats are all relevant, as is the degree of any confinement or isolation to which the person may have been subjected. Coercion may be evidenced by an interaction that can reasonably be interpreted as indicating that the complainant will be harmed or restrained if they do not engage in sexual conduct.

Complainant: An individual who is alleged to have experienced gender-based misconduct.

Day: A business day.

Education Program or Activity: Locations, events, or circumstances where Sarah Lawrence College exercised substantial control over both the respondent and the context in which the misconduct occurred. This includes all on-campus premises; any off-campus premises that the College has substantial control over; and any activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of the College’s programs and activities over which the College has substantial control.

Formal Complaint: A written document submitted by a complainant and filed with the Title IX Coordinator alleging gender-based misconduct and requesting that the College investigate and adjudicate the allegation or otherwise resolve the allegation through an informal resolution process. A formal complaint must contain the complainant’s signature, or otherwise indicate that the complainant is the person filing the formal complaint. A formal complaint is necessary to initiate processes for both Title IX Misconduct and SLC Gender-Based Misconduct violations. In limited circumstances, the Title IX Coordinator may file a formal complaint as set forth in this policy. If the Title IX Coordinator files a formal complaint, the College does not become the complainant.

Gender-Based Misconduct: An umbrella term used in this policy to refer to any form of misconduct prohibited by this policy, both Title IX Misconduct and SLC Gender-Based Misconduct, including, but not limited to, sexual harassment, sex-based harassment, sexual assault, stalking, dating violence, domestic violence, sexual exploitation, and retaliation.

Incapacitation: A person is incapacitated when they lack the ability to make informed, rational judgments and therefore cannot knowingly choose to participate in sexual activity.

Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, age, temporary or permanent mental or physical incapacity, or if a person otherwise cannot consent.

Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. See Section VII below for additional information on how drugs and alcohol affect consent.

Whether sexual conduct with an incapacitated person (other than a person deemed legally incapacitated because of their age) constitutes prohibited conduct depends on whether the respondent knew or should have known of the complainant’s incapacitation based on objective and reasonably apparent indications when viewed from the perspective of a reasonable, sober person in the respondent’s position.

In New York State, the age of consent is 17 years old. This means that a person who is 16 years old or younger is deemed legally incapable of providing consent to sexual conduct regardless of whether they intend to give consent. When incapacity to consent is due to age, it is irrelevant whether the respondent knew the complainant was less than 17 years old or whether the respondent believed that the complainant was 17 years old or more at the time of the alleged misconduct.

Investigator: A person charged by the College with gathering facts about an alleged violation of this policy, assessing relevancy of evidence, synthesizing the evidence, and compiling this information into an investigative report.

Mandated Reporter: An employee of the College who is obligated by policy to share knowledge, notice, and/or reports of gender-based misconduct with the Title IX Coordinator. All Sarah Lawrence College employees (faculty and staff, including visiting faculty), Residential Advisers, and Gryphon Guides who are not otherwise designated as Confidential Resources are mandated reporters and must notify the Title IX Coordinator of all known details made to them under this policy.

Party: A complainant or respondent under this policy.

Relevant Evidence and Questions: Relevant evidence and questions refer to any questions and evidence that tends to make an allegation of gender-based misconduct more or less likely to be true.

Relevant evidence and questions do not include the following types of evidence and questions, which are deemed irrelevant at all stages of the Informal Resolution Process and Formal Investigation and Hearing Process:

Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:

• They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant; or
• They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
• Evidence and questions that constitute, or seek disclosure of, information protected under a legally recognized privilege.
• Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent.

Remedies: Measures provided, as appropriate, to a complainant or any other person at the College whose equal access to the College’s education program of activity was limited or denied by gender-based misconduct.

Report or Preliminary Report: Information shared with the College about alleged gender-based misconduct which may not constitute a formal complaint.

Reporting Party: A person who makes a report of gender-based misconduct. This may or may not be the same individual as a complainant, a witness, or a bystander.

Respondent: An individual alleged to have engaged in conduct that could constitute gender-based misconduct or other conduct that could constitute a violation of this policy.

Student: An individual who has gained admission and maintains an ongoing relationship with the College.