Actual Knowledge: Any reasonable information of sexual misconduct or allegations of sexual misconduct provided to a Title IX Coordinator, Deputy Coordinator, or any other Responsible Official. Notice would also include personal observation of such conduct by any employee.
Advisor: May be any person the complainant or respondent chooses, or appointed by Southern University should the party not select someone. The advisor's function shall be to support and/or consult with the party during any proceeding or meeting under this policy. The advisor may, but is not required to be an attorney.
- Participation shall be limited as stated herein.
- The advisor may not act as a spokesperson except:
- During a pre-hearing conference or
- During the Hearing when conducting questioning of the opposing party or witnesses.
- Once a party shares the identity and contact email address for their advisor, that advisor shall be copied on correspondence from Southern University on the case in accordance with the procedures section of this policy. A party may change advisors at any time but must provide notice to the campus Title IX Coordinator.
Confidential Advisor: Campus designees selected by campus Title IX Coordinators and trained in accordance with Louisiana law to provide confidential services to students regarding reporting, supportive measures, rights to report to law enforcement, and other information under this policy.
Coercion: The use of express or implied threats, intimidation, or physical force placing an individual in fear of immediate harm or physical injury or causes a person to engage in unwelcome sexual activity. Coercion may include administering a drug, intoxicant, or other substance with intent to impair one’s ability to consent prior to engaging in sexual activity.
Complainant: An individual who believes that they are the victim of sexual misconduct under this policy and notifies the campus Title IX Coordinator or a responsible person of the incident.
Consent: Clear, knowing and voluntary demonstrated through mutually understandable words or actions clearly indicating willingness to engage in a specific sexual activity and any conditions on the activity. It is active, not passive, and silence, absent actions evidencing permission, is not consent. Responsibility for obtaining consent lies with the individual initiating the sexual activity.
- Consent to engage in sexual activity may be withdrawn by any person at any time. Once withdrawal of consent is expressed, the sexual activity must immediately cease. Consent is automatically withdrawn by a person incapable of giving consent. A current or previous consensual intimate relationship between the parties does not itself imply consent or preclude a finding of responsibility.
- To give consent, a person must be of legal age. Consent cannot be obtained through coercion, fraudulence or from a person who the alleged offender knows or should reasonably know is incapacitated. Use of alcohol or drugs does not diminish the responsibility to obtain consent.
Formal Complaint: A document filed by a complainant or signed by the campus Title IX Coordinator alleging sexual misconduct against a respondent and requesting Southern University to investigate the allegation. At the time of filing, a complainant must be participating in or attempting to participate in the educational program or activity of Southern University.
- A formal complaint may be filed with the campus Title IX Coordinator:
- By mail
- By electronic mail
- By phone or
- By submission through designated online portals
- A formal complaint by a complainant must include the individual’s physical or digital signature or otherwise indicate that the complainant is the person filing the complaint. When the campus Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party and must otherwise comply with duties of the position.
Formal Resolution: A process by which allegations are presented to a hearing panel for determination as to whether a respondent is responsible for a violation of this policy.
Incapacitation: An individual is considered to be incapacitated if, by reason of mental or physical condition, the individual is manifestly unable to make a knowing and deliberate choice to engage in sexual activity. Being drunk or intoxicated can lead to incapacitation; however, drunkenness or intoxication is not necessarily the same as incapacitation. Incapacitation is a state beyond drunkenness or intoxication. Individuals who are asleep, unresponsive or unconscious are incapacitated. Other indicators that an individual may be incapacitated include, but are not limited to, inability to communicate coherently, inability to dress/undress without assistance, inability to walk or stand without assistance, slurred speech, loss of coordination, vomiting, or inability to perform other physical or cognitive tasks without assistance.
Informal Resolution: A process whereby the parties voluntarily work with a professional to reach a mutually agreeable resolution of the complaint without a formal hearing.
Interim Measures: Remedial measures taken to help de-escalate and offer a short-term temporary resolution during the pendency of a resolution under this policy.
Non-Consensual Sexual Intercourse: Having or attempting to have sexual intercourse, cunnilingus, or fellatio without consent. Sexual intercourse is defined as anal or vaginal penetration by a penis, tongue, finger, or inanimate object.
Non-Consensual Sexual Contact: Any intentional sexual touching, or attempted sexual touching, without consent.
Notice: A report of sexual misconduct made to the campus Title IX Coordinator, Deputy Coordinator, or any Responsible Official.
Respondent: A person reported to have engaged in actions that may constitute sexual misconduct.
Responsible Officials: Any employee who has the authority to take action to redress sexual violence or who has been given the duty of reporting incidents of sexual violence or any other misconduct prohibited by this policy by students or employees to the Title IX coordinator or other appropriate school designee. Responsible officials do not include victims’ advocates, mental health counselors, or confidential advisors.
Retaliation (Any acts or attempted acts):
- For the purpose of interfering with any right or privilege secured by Title IX or this policy; or
- Because an individual has reported sexual misconduct; or
- Against an individual who has participated, is expected to participate, or has refused to participate in any manner in an investigation, or proceeding under this policy.
Prohibited retaliatory acts include, but are not limited to, intimidation, threats, coercion, or discrimination. Complaints alleging retaliation may be filed according to the grievance procedures under this policy.
Sexual Discrimination: Behaviors and actions that deny or limit a person’s ability to benefit from, and/or fully participate in the educational programs, activities, and services because of a person’s gender or perceived gender.
Sexual Exploitation: Any act attempted or committed by a person for sexual gratification, financial gain, or other advancements through the abuse or exploitation of another person’s sexuality. Examples of sexual exploitation include, but are not limited to, non-consensual observation of individuals who are undressed or engaging in sexual acts, non-consensual audio- or videotaping of sexual activity, prostituting another person, human trafficking, allowing others to observe a personal consensual sexual act without the knowledge or consent of all involved parties, and knowingly exposing an individual to a sexually transmitted infection without that individual’s knowledge.
Sexual Harassment: Conduct on the basis of sex that satisfied one or more of the following:
- Quid Pro Quo Sexual Harassment: An employee conditioning the provision of aid, benefit or service on the Complainants’ participation in unwelcome sexual conduct; or
- 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 education program or activity; or
- Sexual Assault
- Forcible Rape – 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 complainant.
- Forcible Sodomy – Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will (non-consensually) in instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
- Sexual Assault With An Object – To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will or not forcibly or against the person’s will (non-consensually) in instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
- Forcible Fondling – The touching of the private body parts of another person (buttocks, groin, breasts) for the purpose of sexual gratification, forcibly and/or against that person’s will (nonconsensually) or not forcibly or against the person’s will in instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
- Incest – Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Louisiana law.
- Sex Offenses, Forcible – Any sexual act directed against another person, without the consent of the complainant including instances where the complainant is incapable of giving consent.
- Sex Offenses, Non-forcible – Non-forcible sexual intercourse.
- Statutory Rape – Non-forcible sexual intercourse with a person who is under the statutory age of consent of Louisiana.
- Sexual Assault also includes sexual battery as defined in La. R.S. 14:43.1. .
- Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on the complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
- Dating violence includes, but is not limited to, sexual or physical abuse or threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
- For the purposes of this definition:
- Domestic Violence: a felony or misdemeanor crime of violence committed:
- By a current or former spouse or intimate partner of the Complainant;
- By a person with whom the Complainant shares a child in common;
- By a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner;
- By a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Louisiana; or
- By any other person against an adult or youth who is protected from that person’s acts under the domestic abuse or family violence laws of Louisiana.
NOTE: To categorize an incident as domestic violence, the relationship between the parties must be more than people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.
- Stalking: 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 complainant.
- Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
NOTE: Nothing in these definitions will be interpreted in a way that violates the First Amendment rights of any individual.
Sexual Misconduct: A sexual act or contact of a sexual nature that occurs, regardless of personal relationship, without the consent of the other person(s), or that occurs when the person(s) is unable to give consent or whose consent is coerced or obtained in a fraudulent manner. For the purpose of this Policy, sexual misconduct includes, but is not limited to, sexual assault, sexual abuse, violence of a sexual nature, sexual harassment, nonconsensual sexual intercourse, sexual exploitation, video voyeurism, contact of a sexual nature with an object, or the obtaining, posting or disclosure of intimate descriptions, 8 | P a g e photos, or videos without the express consent or the persons depicted therein, as well as dating violence, domestic violence and stalking, as well as crimes of a sexual nature as defined in Title 14 or the Louisiana Revised Statutes or at La. R.S. 44:51.
Sexually-Oriented Criminal Offense: Any sexual assault offense as defined in La. R.S. 44:51, and any sexual abuse offense as defined in La. R. S. 14:403.
Supportive Measures: Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent regardless of whether a formal complaint has been filed. Such measures are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or deter sexual misconduct.
- Supportive measure may include, but are not limited to;
- Mental of physical health services;
- Academic arrangements or adjustments;
- Modifications of work of class schedules;
- Mutual restrictions on contact between the parties;
- Changes in work, housing or academic locations;
- Leaves of absence; and/or
- Increased security and monitoring of certain areas of campus.
NOTE: Supportive measures shall remain as confidential to the extent that such confidentiality would not impair the ability to provide the supportive measures. The campus Title Coordinator shall bear responsibility for coordinating the effective implementation of supportive measures.