Ally: Any non-GLBT person who supports and stands up for the rights of GLBT people. GLBT people can also be allies, such as a lesbian who is an ally to a transgender person.
Amnesty: The Office of Community Standards and Student Conduct will not pursue disciplinary violations against a student for the students' prohibited use of alcohol or drugs if a good faith report of an act of sexual misconduct is made.
Biological Sex: Determined by our chromosomes (XX for females; XY for males), our hormones (estrogen/progesterone for females; testosterone for males), and our internal and external genitalia (vulva, clitoris, vagina for females; penis and testicles for males). About 1.7% of the population can be defined as intersexed—born with biological aspects of both sexes to varying degrees.
Bystander: Bystanders are individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it. They are someont who is present and thus potentially in position to discourage, prevent or interrupt an incident.
Bystander Intervention: The act of feeling empowered and equipped with the knowledge and skills to effectively assist in the prevention of sexual violence.
Coercion: When someone makes it clear that they do not want to engage in sexual activity or do not want to go beyond a certain point of sexual interaction, continued pressure beyond that point can be considered coercive.
Complaint: Formal or informal complaint or report of the violation of the University’s Anti-Discrimination Policies.
Complainant: The person who is the reported victim of discrimination under this policy. The University may also serve as Complainant when the alleged victim does not wish to participate in the compliant resolution process
Confidentiality: The University encourages those who have experienced discrimination, harassment, or sexual misconduct to talk with the appropriate people and to discuss options for filing a criminal complaint (if appropriate) and/or complaint with the University. The decision to come forward and report incidents covered in this policy can be difficult and individual may want to seek assistance from someone who can provide support and assure that what is disclosed will not be acted upon.
Certain individuals can serve as confidential resources and are ethically and legally obligated to keep all information shared with them confidential except in certain circumstances noted below. Though the University encourages students and employees to bring reports of discrimination, harassment, and sexual misconduct to the attention of the Title IX Coordinator, for further investigation pursuant to these procedures, individuals who wish to maintain confidentiality may contact certain individuals who always maintain confidentiality.
Individuals should always confirm whether confidentiality applies. Generally, confidentiality applies when services are sought from the following persons:
- Health care provider or Student Health Services at (937) 775-2552
- Personal attorney or Student Legal Services at(937) 775-5857
- Religious/spiritual counselor
- Other university employees cannot guarantee confidentiality, but will be as discreet as possible when sharing information with others. Information is disclosed to appropriate university officials who have an essential need to know in order to carry out their university responsibilities.
Absent the reporting party’s consent and/or situations whether they perceive a serious risk or threat of injury to any person or property, Confidential Reporters are not required to report information learned in the course of a confidential communication to the Title IX Coordinator for further investigation. However, if the information is not learned in the course of confidential communication (for example, behavior observed in class), then a Confidential Reporter has the same obligation as a Mandated Reporter. Furthermore, at the request of the reporting party, Confidential Reporters can assist individuals in contacting the Title IX Coordinator to report discrimination, harassment, or sexual misconduct. Individuals who wish to maintain confidentiality may also speak with off-campus counselors and off-campus members of the clergy and chaplain, all of whom have the right to maintain confidentiality.
The university will work to safeguard the identities and privacy of the those who report sexual misconduct or seek assistance to the extent possible and permitted by law. However, it is important that limits on confidentiality are understood.
Wright State University must balance the needs of the individual student with its obligation to protect the safety and well-being of the university community. Therefore, based on the information contained within the report, additional action may be necessary, to include but is not limited to, summary suspension, housing relocation, class reassignment, no contact order, and campus safety alerts. It is noted that the alert will not contain any information that identifies the student victim.
Please note that, in some cases, medical and mental health professionals may be required by state law to report certain crimes to law enforcement (e.g. allegations of abuse of a person under 18).
Consent: This is the act of knowingly and affirmatively agreeing to engage in a sexual activity. Consent must be voluntary. An individual cannot consent who is substantially impaired by any drug or intoxicant; or who has been compelled by force, threat of force, or deception; or who is unaware that the act is being committed; or whose ability to consent is impaired because of a mental or physical condition; or who is a minor by legal definition. Consent may be withdrawn at any time. Prior sexual activity or relationship does not, in and of itself, constitute consent. Consent is not valid if:
- Given by a person who lacks the mental capacity to authorize the conduct and such mental incapacity is manifest or known to the actor; or
- Given by a person who by reason of youth, mental disease, or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct; or
- Induced by force, duress, or deception.
Dating Violence: A type of intimate partner violence that occurs between two people in a dating relationship. The existence of such a relationship shall be determined based on the reporting party’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 does not include acts covered under the definition of domestic violence. (Examples of Dating Violence include but are not limited to: Extreme jealousy or insecurity, belittling, isolating you from family or friends, or making false accusations.)
Discrimination: Unequal and unlawful treatment, prejudice or prejudicial outlook, action… to make a difference in treatment or favor on a basis of one or more protected classes prohibited by law and WSU policy
Domestic Violence: A felony or misdemeanor crime 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 state of Ohio; 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 state of Ohio.
Gay: A person who is attracted only to members of the same sex. This attraction can be emotional, spiritual, physical, and/or sexual. Although the term can be used for all people (e.g. gay man, gay woman, gay person), the term usually refers to men.
Gender: Often conflated with “sex,” gender is socially constructed. Determined by rules, mores, and expectations that are taught to individuals in a society about acceptable behavior, attitudes, expressions, and attire—among many other areas—for men and women. For more info, see “binary gender system” and “gender role.”
Gender-based harassment: Any behavior or practice that causes or intends to cause emotional, psychological, physical harm or property damage based on actual or perceived gender, gender identity, gender expression, and/or sexual orientation.
Gender identity: A person's inner sense of self as male, female, somewhere in between, or nowhere. Most people develop a gender identity that corresponds to their biological sex but many do not.
Gender expression: The manner in which a person outwardly expresses their gender. This may be through attire, behavior, speech, or activity, among many other means.
GLBTQA: Acronym for "gay, lesbian, bisexual, transgender, questioning and ally" or also known as LGBTQA. The acronym may also have variations to include queer, intersex and asexual (GLBTQQIAA or LGBTQQIAA).
Grievance procedure: A means of internal dispute resolution by which a person may have their complaints addressed.
Harassment: Unwelcome conduct that is severe, pervasive, or persistent and is made either a condition of working or learning or creates a hostile environment. Harassment is a form of discrimination.
Homophobia: An irrational fear of gay, lesbian, and bisexual individuals. It could refer to a fear or hatred of homosexuality in others or in oneself.
Hostile Environment: A hostile environment is created by unwelcome sexual behavior directed at an individual because of that individual’s sex, gender or sexual orientation that is offensive, hostile and/or intimidating and that adversely affects that individual’s university work/learning/living/program performance. Harassing conduct that is sufficiently severe, pervasive/persistent and patently/objectively offensive that it substantially interferes with the conditions of education or employment, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint.
Incapacitated: Sexual activity with someone one knows to be or should know to be incapacitated is a violation of this policy. An individual who is incapacitated lacks the capacity to give knowing consent. Incapacitation can be due to the use of drugs, or alcohol, when a person is asleep or unconscious, or because of an intellectual or other disability that prevents the individual from having the capacity to give consent.
Intimate partner violence: Physical, sexual, threats, or psychological abuse that occurs between two people in a close or intimate relationship. The term "intimate partner" includes current and former spouses, partners and date partners. (Examples of Intimate Partner Violence include but are not limited to: Grabbing, shoving, slapping, hitting, kicking, punching, stabbing, shooting, rape, intimidation, blackmail, or maintaining control over financial resources including a person's earned income.)
Intimidation: Threats or other conduct which in any way create a hostile environment, impair agency operations; or frighten, alarm, or inhibit others. Psychological intimidation or harassment includes making statements which are false, malicious, disparaging, derogatory, rude, disrespectful, abusive, obnoxious, insubordinate, or which have the intent to hurt others' reputations. Physical intimidation or harassment may include holding, impeding or blocking movement, following, stalking, touching, or any other inappropriate physical contact or advances.
Lesbian: A woman who is only attracted to other women. This attraction can be emotional, spiritual, physical, and/or sexual.
Mandated Reporters: With the exception of employees who are Confidential Reporters, all employees of the University who become aware of a potential violation of the University’s Nondiscrimination Policies are Mandated Reporters, regardless of whether the reported victim of the alleged conduct is a student, employee, volunteer or visitor of the University. A Mandated Reporter must promptly report potential violations of the University’s Nondiscrimination Policies to the Title IX Coordinator, regardless of whether the reported victim of the alleged conduct requests confidentiality and regardless of how the Mandated Reporter becomes aware of the alleged conduct (persona observation, direct information from the reported victim, indirect information forma third party, etc.). If the reported victim requests confidentiality or that the Complaint not be pursued, the mandated reporter should notify the individual that, at this stage in the process, the Mandated Reporter must report all known information to the Title IX Coordinator.
- Content of Mandated Report to Title IX Coordinator – Mandated Reporters must report all details that they possess to the Title IX Coordinator. This includes names of the parties, if known, and all other information in the Mandated Reporter’s possession.
Person of Color: An individual from Nonwhite racial groups, traditionally considered minority groups in the United States.
Public indecency: Anyone of the following acts which is likely to be viewed by and affront others who are in the person’s physical proximity and who are not members of the person’s household:
- Expose the person's private parts;
- Engage in sexual conduct or masturbation;
- Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation
- Expose the person's private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.
Psychological abuse: Also referred to as psychological violence, emotional abuse or mental abuse, is a form of abuse characterized by a person subjecting or exposing another to behavior that may result in psychological trauma, including anxiety, chronic depression, or post-traumatic stress disorder.
Remedial/Interim Measures: Upon receipt of a Complaint of prohibited discrimination, the Title IX Coordinator, in cooperation with appropriate University officials, may provide protective measures or interim remedies including, but not limited to, one or more of the following:
- Referral and facilitating access for Complainant to attend counseling and medical services, implementing contact limitations on the Respondent or on all parties;
- Referral of Complainant to academic support services and/or any other services that may be beneficial to the Complainant;
- Adjusting the courses, assignments, and/or exam schedules of the Complainant and/or the Respondent;
- Adjusting the work schedules, work assignments, supervisory responsibilities, supervisor reporting responsibilities and/or work arrangements of the Complaint and/or the Respondent;
- Altering the on-campus housing assignments, dining arrangements, or other campus series for the Complainant and/or Respondent;
- Altering extracurricular activities of the Complainant and/or Respondent;
- Providing transportation accommodations for the Complainant, when reasonably available;
- Informing the Complainant of her/his right to notify law enforcement authorities of the reported incident and offering to help facilitate such a report;
- Suspending, on an interim basis, the Respondent from University housing, classes, the University campus/facilities/events and/or other University activities or privileges for which the Respondent might otherwise be eligible, when the Title IX Coordinator finds and believes from the available information that the presence of the Respondent on campus would seriously disrupt the University or constitute a danger to the health, safety, or welfare of member of the University community. The appropriate procedure to determine this future status of the Respondent will be imitated within in seven business days.
- The Title IX Coordinator will determine which protective measures or interim remedies, if any, are appropriate to each specific case. Factors to consider will be the status of the Complainant and Respondent (student, employee, volunteer or visitor), the particular circumstances, and the misconduct, the University will provide protective measures or interim remedies if the Complainant requests them and they are reasonably available, regardless of whether the Complainant chooses to report the incident to WSUPD or local law enforcement.
Queer: Historically, a negative term used against people perceived to be GLBT; however, it has more recently been reclaimed by some people as a positive term describing all those who do not conform to rigid notions of gender and sexuality. It is often used in a political context and in academic settings to challenge traditional ideas about identity (“queer theory”). It is also an umbrella term used by some GLBT people to refer to themselves, though some GLBT people still consider the term offensive.
Quid pro quo Sexual Harassment: Quid pro quo sexual harassment exists when there are: unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature; and submission to or rejection of such conduct results in adverse educational or employment action; or affects the terms or conditions of education or employment or activities with the University.
Rape: Rape is any form of unwanted sexual contact obtained without consent and/or obtained through the use of force, threat of force, intimidation, or coercion. A person may also be charged with rape if they engaged in sexual conduct with another person who is not their spouse, or is their spouse but lives separately, and:
- They substantially impaired that person’s judgment or control in order to prevent resistance, by giving that person drugs, controlled substances or some other intoxicant by force, threat of force or deception;
- The other person is less than 13 years old; or
- The alleged offender knew or had reasonable cause to believe the other person’s ability to resist or consent was impaired by a mental or physical condition, or advanced age.
Respondent: The person, persons, or organizations reported to have violated this policy.
Retaliation: Punishment of an employee by an employer for engaging in legally protected activity such as making a complaint of harassment or participating in workplace investigations. Retaliation can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment.
Sex Offenses: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. (Examples of Sex Offenses include but are not limited to: Rape, sexual assault, sexual battery, sexual imposition, or public indecency.)
Sexual assault: Any type of sexual contact or behavior that occurs without the explicit consent of the recipient.
Sexual battery: Sexual conduct with another person, and meet at least one of the following elements:
- Knowingly coerced, by any means, another person to submit to the sexual conduct that prevented their resistance;
- Knew the other person’s ability to control their conduct was substantially impaired;
- Knew the other person submitted to the sexual conduct because they were unaware the act was being committed;
- Knew the other person submitted to the sexual conduct because they mistakenly identified the alleged offender as their spouse;
- Is or was the other person’s guardian or parent, including adoptive or step-parents;
- Had some kind of supervisory or disciplinary authority over a patient in a hospital or other institution or had legal custody over the other person;
- Is or was a teacher, administrator, coach or other person employed by or serving in a public school, and the other person attends or attended the school;
- Is or was a teacher, administrator, coach or other person employed by or serving in an institution of higher education, and the other person was a minor at the time of the offense;
- Is or was a person with temporary or occasional disciplinary control over the other person, such as an athletic coach, instructor or scouting troop leader; Is or was a mental health professional who induced their client or patient to believe the sexual conduct was necessary for mental health treatment;
- Is or was an employee of a detention facility and the other person is or was confined in the detention facility; OR Is or was a cleric and the other person is or was a minor at the time of the offense and attended the church served by the cleric.
- Vaginal intercourse between a male and female
- Anal intercourse, fellatio, and cunnilingus between persons regardless of sex, and, without privilege to do so,
- The insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another.
- Penetration, however slight, is sufficient to complete vaginal or anal intercourse
Sexual harassment: Unwelcome, gender-based verbal or physical conduct of a sexual nature, without regard to the gender of the Complainant and Respondent; that is sufficiently severe, persistent or pervasive that is has the effect of unreasonably interfering with, denying, or limiting someone’s ability to participate in or benefit from WSU’s educational program or activities, or work activities; and; the unwelcome behavior is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation. A different number of acts fall into the category of sexual harassment, including without limitation, dating violence, sexual exploitation and stalking.
Sexual harassment includes:
- An unwanted sexual advances or request for sexual favor.
- Sexual innuendo, suggestive comments, insults, humor and jokes about sex or gender-specific traits, sexual propositions, threats.
- Suggestive or insulting sounds, leering, whistling, obscene gestures.
- Physical touching: pinching, brushing the body, coerced sexual intercourse, assault
Sexual imposition: Sexual contact when one of the following five circumstances applies:
- The alleged offender knows the sexual touching is offensive to the other person, or is reckless about it;
- The alleged offender knows the accuser is substantially impaired by drugs or alcohol and as a result is unable to understand, control or object to the touching. (This could happen, for example, if the accuser has become intoxicated as the result of excessive or binge drinking, and/or significant drug use);
- The alleged offender knows that the other person submits due to being unaware of the sexual touching. (This could happen, for example, if the other person is asleep or passed out);
- The accuser is older than 13, but younger than 16 years of age, and the alleged offender is over 18 and 4 or more years older than the alleged victim; and
- Certain circumstances that could exist if the alleged offender is a mental health professional and the accuser is a client or patient of the offender.
Sexual misconduct: Sexual misconduct is defined as any attempt at or any actual unwanted sexual contact, physical or nonphysical, in the absence of clear and voluntary consent. Clear and voluntary consent is consent that is given freely and actively in mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. Consent is not clear or voluntary if it results from the use of physical force, threats, intimidation, or coercion. It is a violation of policy to have sexual contact with someone who is known to be, or should be known to be incapable of making a rational, reasonable decision.
Examples of sexual misconduct include but are not limited to:
- Any sexual penetration however slight, with any body part or object without consent
- Any sexual touching with any body part or object without consent.
- Taking non-consensual, unjust, or abusive sexual advantage of another. Examples include, but are not limited to, video or audio-taping of sexual activity without the express permission of both parties, going beyond the boundaries of consent (such as knowingly allowing another to watch otherwise consensual sexual activity without the participants knowledge) and engaging in non-consensual voyeurism
- The exposure of the private or intimate parts of the body in a lewd manner in public or in private premises
- Any form of harassment, including sexual harassment or harassment based on perceived or actual identities.
Sexual Identity: This is how we perceive and what we call ourselves. Such labels include “lesbian,” “gay,” “bisexual,” “bi,” “queer,” “questioning,” “heterosexual,” “straight,” and others. It evolves through a developmental process that varies depending on the individual.
Sexual orientation: A person's attraction to members of the same and/or opposite sex. This attraction can be emotional, spiritual, physical, and/or sexual. Sexual orientation includes gay, lesbian, bisexual, and heterosexual, among others.
Stalking: Stalking involves repeatedly following, harassing, threatening, or intimidating another by telephone, mail, electronic communication, social media, or any other action, device, or method that purposely or knowingly causes substantial emotional distress or reasonable fear of bodily injury or death. (Examples of stalking include but are not limited to: Monitoring an individual's phone calls, reading a person's mail, following a person outside the home, breaking into a person's home, stealing a person's belongings, calling, texting, emailing, mailing a person repeatedly at home or work, repeated, uninvited appearances at a place of work or residence.)
Student: An individual who has been accepted to the University and/or taking courses at Wright State University on a full or part time basis. Student status lasts until an individual graduates, is academically or disciplinary separated from the University or is not in attendance for two (2) complete, consecutive terms.
Student Organization, group, or team: The term "student organization" means any number of persons who have complied with the formal requirements for Wright State University recognition.
Title IX: Title IX of the Education Amendments of 1972 (“Title IX”) is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. All public and private elementary and secondary schools, school districts, colleges, and universities receiving any federal financial assistance must comply with Title IX.
Transgender: Transgender is a broad term that includes transsexuals, cross-dressers, drag queens/kings, as well as people who do not identify as either of the dominant genders. Though transgender has increasingly become an umbrella term referring to people who cross gender/sex barriers, many people find any umbrella term problematic because it reduces different identities into one oversimplified category.
Transgender Community: A loose association of individuals and organizations who transgress gender norms. The central ethic of this community is unconditional acceptance of individual exercise of self-expression, particularly in the areas of gender identity, gender expression, and sexual orientation.
Ze: Used in place of she/he, a new pronoun that is useful to describe an individual whose gender does not neatly fit into a particular box. May be preferred by some transgender individuals.