Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX states that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
Complainant is the person alleged to have been subjected to conduct that violates this policy.
Respondent is the person accused of engaging in conduct in violation of this policy.
Sexual discrimination is conduct based on an individual’s sex that excludes that individual from participation; denies that individual benefits; treats that individual differently; or otherwise adversely affects a term or condition of that individual’s employment, education, living environment, or participation in/of a program or activity. Sexual discrimination includes all forms of sexual harassment and sexual misconduct.
Sexual harassment is unwelcome conduct of a sexual nature that denies or limits one’s ability to participate in or benefit from the educational or work environment at the school. It includes unwelcome sexual advances, requests for favors, or other verbal, nonverbal, or physical conduct of a sexual nature.
Sexual violence is a form of sexual harassment prohibited by Title IX. Sexual harassment can include unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, or physical conduct of a sexual nature, including but not limited to sexual activity. Examples of sexual harassment include but are not limited to
- Submission to conduct made either explicitly or implicitly, such as a term or condition of instruction, employment, or participation in other school activities
- Submission to or rejection of conduct used as a basis for evaluation in making academic or personnel decisions affecting the individual (e.g., an instructor insisting that a student have sex with him/her in exchange for a good grade)
- Conduct that has the purpose or effect of interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive environment,
- A student repeatedly sending sexually oriented jokes around on an email list, and even when asked to stop, causes the recipient to avoid the sender on campus
- Explicit sexual pictures displayed in the instructor’s office or a computer monitor in a public space
Other unlawful discrimination is defined as treating an individual or individuals less favorably or differently because of their actual or perceived protected characteristics including race, color, creed, national origin, religion, disability, age, pregnancy, ancestry, military or veteran status, marital or partnership status, sexual orientation, gender identity, gender expression, or any other legally protected status. Discrimination for purposes of this policy also includes unlawful harassment based upon any of these protected statuses or characteristics.
Sexual assault is nonconsensual, intentional, physical contact of a sexual nature, such as unwelcome physical contact with a person’s genitals, anus, inner thighs, buttocks, or breasts, including touching directly or through clothing. Sexual assault occurs when the act is committed by physical force, violence, threat or intimidation, ignoring the objections of another person, or by causing another person’s intoxication or impairment through the use of drugs or alcohol and/or taking advantage of another person’s incapacitation, helplessness, or other inability to consent. This includes conduct covered by the New York State penal law. Examples of sexual assault include rape, penetration, and fondling.
Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the victim’s age, use of drugs or alcohol, or because of an intellectual or other disability that prevents the student from having the capacity to give consent). It includes, among other things, rape, sexual assault, sexual battery, domestic violence, dating violence, and stalking. Many types of sexual violence include nonconsensual sexual contact, but this is not a necessary component. Sexual violence can be carried out by school employees, other students, or third parties. All acts of sexual violence are forms of sexual discrimination prohibited by Title IX.
Sexual misconduct includes a range of conduct including, but not limited to, all types of sexual harassment, sexual assault, rape, and sexual violence.
Domestic violence is violence committed by a current or former spouse of the victim, by someone who is or has cohabited with the student as a spouse, by someone with whom the victim shares a child in common, by others to whom the student is related by consanguinity (blood) or affinity (marriage), or by unrelated persons who are (or have been in the past) continually living in the same household.
Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of the relationship is determined based on consideration of the length of the relationship, the type of relationship, and/or the frequency of interaction between the involved persons.
Stalking is a course of unwelcome conduct directed at a specific person who would cause a reasonable person to fear for his or her own safety or the safety of others, or to suffer substantial emotional distress. Stalking includes, but is not limited to, cyberstalking (using the internet or other electronic means to harass someone) or repeatedly following a person or appearing at the person’s home, workplace, or classroom without a legitimate purpose, and/or leaving or sending unwanted messages.
Consent represents the foundation of respectful intimate relationships. Hunter Business School strongly encourages its population to communicate—openly and honestly—about actions, wishes, and intentions when it comes to sexual behavior, and to do so BEFORE engaging in intimate conduct. It is always the responsibility of the individual initiating sexual contact to ensure that consent is present before acting and is present during sexual activity.
Consent consists of words or overt actions by a person clearly indicating a freely given present agreement to perform a particular sexual act with another, at the time of the act. Consent can be given only by someone who acts freely, voluntarily, and with knowledge of the fact and nature of the sexual act involved. Consent is a mutually understood freely given “yes,” not the absence of “no.” Consent can be withdrawn at any time.
Consent is NOT present when an individual is incapacitated, voluntarily or involuntarily, due to age, physical condition (lack of sleep, lack of consciousness, alcohol, drugs), or disability that impairs the individual’s ability to provide consent.
Consent cannot be inferred from consent to another form of contact or sexual activity; a prior or current sexual, romantic, or marital relationship; silence or lack of resistance; or prior sexual activity with another individual or other individuals. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
Retaliation is adverse action against another person for reporting a violation or for participating in any way in the investigation or hearing process. Retaliation includes harassment and intimidation, including but not limited to, violence, threats of violence, property destruction, adverse educational or employment consequences, or bullying.