Glossary of Frequently Used Terms
Abuse means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable fear of imminent serious bodily injury to himself or herself or another. Abuse may include:
- Physical abuse involves acts such as hitting, slapping, pushing, punching, kicking, and choking. It could involve using a weapon or object to threaten or hurt someone. It also includes throwing, smashing, or breaking personal items and hurting or killing of pets.
- Sexual abuse involves pressuring or forcing someone to engage in nonconsensual sexual acts, including creating pictures or videos.
- Verbal abuse involves put downs, name calling, yelling or swearing.
- Emotional abuse involves ignoring someone or using looks or actions or speaking in ways that are frightening or threatening.
- Financial abuse involves withholding money, stealing money, restricting the use of finances and/or forbidding a person to work so that they become financially dependent.
Process of deciding or resolving a dispute between two parties.
An “attempt” occurs when anyone attempts to commit an act defined above but fails, or is prevented or intercepted in its perpetration.
Association for Student Conduct Administration, whose mission is to support higher education professionals by providing education materials and resources, professional development opportunities, and a network of colleagues.
Any UC location (e.g., campus, medical center, Office of the President) or the Lawrence Berkeley National Lab and Agriculture and Natural Resources.
Campus Sexual Violence Elimination Act; an amendment to the Clery Act that requires higher education institutions to report crime statistics involving domestic violence, dating violence and stalking, provide for standards in institutional student conduct proceedings, and provide campus community wide prevention educational programming.
This office provides advice and assistance to complainants concerning sexual misconduct. CARE provides confidential assistance and advocacy, participating in case management of reported complaints, assisting with providing training in coordination with key stakeholders, and provides input regarding policy creation and revision.
CARE serves as the primary point of contact for all complainants choosing to use its services concerning sexual misconduct. Members of the University community who receive reports of sexual misconduct are expected to take proactive steps to refer the complainants to CARE. Founded in 2005, the CARE office at UC Irvine provides services to all students, regardless of whether they choose to file a complaint. CARE can also provide referrals to faculty, staff and academic appointees.
A team—comprised of student conduct, Title IX, campus police, advocacy and other subject matter experts as needed—maintains consistent coordination of reported cases, provides case management for all ongoing cases, ensures all cases are addressed efficiently and effectively, and coordinate communications with claimant and respondent. The Title IX Officer provides oversight of this team function.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; Federal law that requires colleges and universities that participate in federal student financial aid programs, to disclose information about certain crime statistics on and around their campuses.
A campus officer responsible for ensuring compliance with the Clery Act, including collecting, maintaining, and reporting campus crime statistics to the Department of Education.
Any person who files a report of sexual violence or sexual harassment or other prohibited behavior or retaliation or any person who has been the alleged subject of such Prohibited Conduct or retaliation.
The following employees who receive reports in their confidential capacity include:
- CARE Advocates
- Licensed counselors in student counseling centers and in employee assistance programs
- Any persons with a professional license requiring confidentiality (including health center employees but excluding campus legal counsel), or someone who is supervised by such a person.
Designation as a “Confidential Resource” exempts a person from reporting to the Title IX office but not from other mandatory reporting obligations under UC CANRA (Child Abuse and Neglect Reporting Act) Policy, the Clery Act as a Campus Security Authority (CSA), and other policies or laws that require reporting to campus or local law enforcement, or Child Protective Services.
Consent is affirmative, conscious, voluntary and revocable. Consent to sexual activity requires of both persons an affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person to ensure they have the affirmative consent of the other to engage in the sexual activity. Lack of protest, lack of resistance, or silence, do not alone constitute consent. Affirmative consent must be ongoing and can be revoked at any time during sexual activity. The existence of a dating relationship or past sexual relations between the persons involved should never by itself be assumed to be an indicator of consent (nor will subsequent sexual relations or dating relationship alone suffice as evidence of consent to prior conduct).
The Respondent’s belief that the Complainant consented shall not provide a valid excuse where:
- The Respondent’s belief arose from the Respondent’s own intoxication or recklessness;
- The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the Complainant affirmatively consented; or
- The Respondent knew or a reasonable person should have known that the Complainant was unable to consent because the Complainant was incapacitated, in that the Complainant was:
- asleep or unconscious;
- due to the influence of drugs, alcohol, or medication, unable to understand the fact, nature, or extent of the sexual activity; or
- unable to communicate due to a mental or physical condition.
Brings together a cross-section of campus and community constituents to guide the campus in preventing and responding to sexual misconduct at a campus level. The team is responsible for a campus collaborative approach to address sexual misconduct, and focuses on developing and reviewing policies, developing community relations (internal and external), discussing legal updates, providing cross training, and coordinating communication and prevention education and outreach efforts. The designated individual from each campus will provide oversight for this team and this team will report to the Chancellor (or designee).
Conduct by a person who is or has been in a romantic or intimate relationship with the Complainant that intentionally, or recklessly, causes bodily injury to the Complainant or places the Complainant in reasonable fear of serious bodily injury. The nature of the relationship between the Complainant and Respondent is determined by the length, type and frequency of interaction between them.
Guidance issued by the Department of Education’s Office for Civil Rights on April 4, 2011 to assist colleges and universities with meeting their obligations under Title IX to provide an educational experience free from sexual harassment and sexual violence.
Conduct by a current or former spouse or intimate partner of the Complainant; or a person with whom the Complainant shares a child in common, that intentionally, or recklessly, causes bodily injury to the Complainant or another, or places the Complainant or another in reasonable fear of serious bodily injury.
Department of Justice, the US federal agency responsible for enforcement of the law and administration of justice.
U.S. Department of Education, the federal agency that establishes policy for, administers and coordinates most federal assistance to education, and implements laws enacted by Congress.
Oversees the principles and program, ensures compliance and provides high-level strategic direction (the “what”).
Incapacitationis defined as the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, but are not limited to, unconsciousness, sleep, and blackouts. Where alcohol, drugs or other medication are involved, incapacitation is defined with respect to how the alcohol or other drugs consumed affects a person’s decision-making capacity, awareness of consequences, ability to make fully informed judgments, and inability to communicate.
Being intoxicated by drugs, alcohol or other medication does not absolve one’s responsibility to obtain consent. The factors to be considered when determining whether consent was given include whether the respondent knew, or whether a reasonable person should have known, that the complainant was incapacitated.
Individuals who identify as Lesbian, Gay, Bisexual, Transgender, Queer/Questioning.
The Department of Education’s Office for Civil Rights, within the DOJ, whose mission is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.
The Office of the Ombudsman provides a safe and comfortable environment to discuss complaints, concerns or problems confidentially. When appropriate, the office initiates an informal intervention with the goal of facilitating a resolution that is acceptable to all parties involved.
The ombudsman acts as an independent, impartial resource. If a matter cannot be resolved through our office, a referral will be made. When appropriate, the office can make recommendations regarding policy review and change. The Office of the Ombudsman serves all students, faculty, staff, and administrators of the campus community.
Programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills addressing dating violence, domestic violence, sexual assault, sexual violence, and stalking, using a range of strategies with audiences throughout the institution.
Each unit must implement the program as appropriate, in accordance with management directives (drives toward the “what” with the “how”).
Campus police are sworn police officers employed protect the campus and surrounding areas and the people who live on, work on and visit it. Campus police officers are commissioned through their state Peace Officer Standards and Training after completing established training. A university police officer has equivalent authority as a municipal or state peace officer.
A standard of proof that requires that a fact be found when its occurrence, based on evidence, is more likely than not.
Programming, initiatives, and strategies informed by research or assessed for value, effectiveness or outcome that are intended to stop dating violence, domestic violence, sexual assault, sexual violence, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexually, encouraging safe bystander intervention, and seek to change behavior and social norms in health and safe directions.
Public Service Announcement/Ad; messages in the public interest disseminated by the media with the objective of raising awareness and changing public attitudes and behaviors toward a social issue.
Policy, regulations, and general principles for appropriately managing, accessing, and preserving administrative records throughout their lifecycle and schedules for their final disposition.
A person alleged to have engaged in Prohibited Conduct and about whom a report of sexual violence, sexual harassment, other prohibited behavior, or retaliation is made.
The response model consists of two teams. 1. A case management team that includes, at a minimum, student conduct, Title IX, campus police and advocacy; team will meet regularly. 2. A team responsible for a campus collaborative approach to addressing sexual violence; to ensure success the team must include key stakeholders across the campus and community.
Any University employee who is not a Confidential Resource and who receives, in the course of employment, information that a student (undergraduate, graduate, or professional) has suffered sexual violence, sexual harassment or other prohibited behavior shall promptly notify the Title IX Officer or designee. This includes Resident Assistants, Graduate Teaching Assistants, and all other student employees, when disclosures are made to any of them in their capacities as employees.
In addition, the following who, in the course of employment, receive a report of Prohibited Conduct from any other person affiliated with the University shall notify the Title IX Officer or designee:
- Campus Police
- Human Resource Administrators, Academic Personnel, and Title IX Professionals
- Managers and Supervisors including Deans, Department Chairs, and Directors of Organized Research Units (ORU)
- Faculty members
Retaliation includes threats, intimidation, reprisals, and/or adverse employment or educational actions against a person based on their report of Prohibited Conduct or participation in the investigation, report, remedial, or disciplinary processes.
It is a violation of this Policy and a criminal offense to engage in sexual acts with someone who has been using alcohol, drugs, or other intoxicants to the degree that he or she is unable to provide consent. This is true whether or not the person reporting the sex offense voluntarily consumed the alcohol, drug, or intoxicant.
Intentionally causing someone to become intoxicated in order to facilitate the sex offense will be considered in determining responsibility and imposing appropriate sanctions.
Because alcohol, drugs, and other intoxicants are often involved in sex offense matters, Complainants may be afraid to report sex offenses to authorities where they also have engaged in an activity that violated University policy or state law, such as a person under age 21 drinking alcohol. UC Irvine encourages the reporting of sex offenses and therefore does not hold Complainants and/or witnesses accountable for alcohol-related Student Code of Conduct violations that may have occurred at the time of the sex offense.
The use of intoxicants by a student or employee accused of a sex offense does not excuse the offense.
- Penetration: Without the consent of the Complainant, penetration, no matter how slight, of the vagina, anus, or mouth by a penis; or the vagina or anus by any body part or object.
- Contact: Without the consent of the Complainant, touching an intimate body part (genitals, anus, groin, breast, or buttocks) (i) unclothed or (ii) clothed.
Note: Sexual Assault–Penetration, and Sexual Assault–Contact are aggravated when it includes the following:
- Overcoming the will of Complainant by:
- force (the use of physical force or inducing reasonable fear of immediate or future bodily injury);
- violence (the use of physical force to cause harm or injury);
- menace (a threat, statement, or act showing intent to injure);
- duress (a direct or implied threat of force, violence, danger, hardship, or retribution that is enough to cause a reasonable person of ordinary sensitivity, taking into account all circumstances including age and relationship, to do or submit to something that they would not otherwise do).
- deliberately causing a person to be incapacitated (through drugs or alcohol);
- Intentionally taking advantage of the other person’s incapacitation (including voluntary intoxication).
- Recording, photographing, transmitting, or distributing intimate or sexual images without the prior knowledge and consent of the parties involved.
Sexual Harassment is unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal, nonverbal or physical conduct of a sexual nature when:
- Quid Pro Quo: a person’s submission to such conduct is implicitly or explicitly made the basis for employment decisions, academic evaluation, grades or advancement, or other decisions affecting participation in a University program; or
- Hostile Environment: such conduct is sufficiently severe or pervasive that it unreasonably denies, adversely limits, or interferes with a person’s participation in or benefit from the education, employment or other programs and services of the University and creates an environment that a reasonable person would find to be intimidating or offensive.
Consideration is given to the totality of the circumstances in which the conduct occurred. Sexual harassment may include incidents:
- between any members of the University community, including faculty and other academic appointees, staff, student employees, students, coaches, residents, interns, and non-student or non- employee participants in University programs (e.g., vendors, contractors, visitors, and patients);
- in hierarchical relationships and between peers; and
- between individuals of any gender or gender identity.
Invasions of Sexual Privacy
- Without a person’s consent, watching or enabling others to watch that person’s nudity or sexual acts in a place where that person has a reasonable expectation of privacy;
- Without a person’s consent, making photographs (including videos) or audio recordings, or posting, transmitting or distributing such recorded material depicting that person’s nudity or sexual acts in a place where that person has a reasonable expectation of privacy; or
- Using depictions of nudity or sexual activity to extort something of value from a person.
Sexual intercourse with a person under the age of 18.
Exposing one’s genitals in a public place for the purpose of sexual gratification.Failing to comply with the terms of a no-contact order, a suspension of any length, or any order of exclusion issued under this Policy.
Repeated conduct directed at a Complainant (e.g., following, monitoring, observing, surveilling, threatening, communicating or interfering with property), of a sexual or romantic nature or motivation, that would cause a reasonable person to fear for their safety, or the safety of others, or to suffer substantial emotional distress. Stalking of a non-sexual nature is addressed by other University policies including but not limited to the Policy on Student Conduct and Discipline Section 102.10.
University Official responsible for handing resolution meetings or conduct reviews with an individual alleged to have violated the Code of Conduct and to assign or recommend sanctions.
The designated coordinator or agent of the University with the responsibility for coordinating University Title IX compliance efforts.
Services designed to acknowledge the impact of violence and trauma on people's lives and the importance of addressing trauma in education. Services are influenced by an understanding of the impact of interpersonal violence and victimization on an individual’s life and development. To provide trauma-informed services, all staff of an organization must understand how violence impacts the lives of the people being served, so that every interaction is consistent with the recovery process and reduces the possibility of re-traumatization.
The Violence Against Women Act, a federal law meant to end violence against women by improving the criminal justice response to violence against women and enhancing services to and resources for victims.
Policy that applies to all UC employees and students at its campuses and University programs and activities and furthers the University’s commitment to compliance with the law and to the higher standards of ethical conduct.