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2018-2019 CIU Student Handbook
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For student Respondents, the Final Outcome Letter will set forth (1) the name of
the Respondent; (2) the violation(s) of this Policy for which the Respondent was
found responsible or a statement that the Respondent was found not to have
violated this Policy; (3) the rationale for the finding; and (4) the sanctions imposed
on the Respondent, if any (setting forth only a description of the disciplinary action
taken, the date of its imposition, its duration, and the rationale for such action)
and, where appropriate, it may set forth the names of other individuals, such as a
victim or witness, if such other individuals provide their written consent to such
inclusion. For student Respondents alleged to have committed a violation or
violations other than Intimate Partner Violence, Non-consensual Sexual Contact or
Non-consensual Sexual Penetration, the University will redact, when appropriate,
information about sanctions that do not directly relate to the Complainant, and the
Respondent will not be notified of individual remedies provided or offered to the
Complainant.
Definitions:
Complainant.
A “Complainant” is an alleged victim of Sexual Misconduct who files
a complaint under this Policy or on whose behalf a complaint is filed.
Consent.
“Consent” is informed, freely and actively given, mutually understandable
words or actions that indicate a willingness to participate in mutually agreed-
upon sexual activity. Consent is mutually understandable when a reasonable
person would consider the words or actions of the parties to have manifested a
clear and unambiguous agreement between them to engage in certain conduct
with each other. Consent cannot be gained by ignoring or acting in spite of the
objections of another. Consent cannot be inferred from: silence, passivity, or lack
of resistance alone; a current or previous dating or sexual relationship alone (or
the existence of such a relationship with anyone else); attire; the buying of dinner
or the spending of money on a date; or consent previously given (i.e., consenting
to one sexual act does not imply consent to another sexual act). Consent is
not effective if it is obtained through the use of physical force, violence, duress,
deception, intimidation, coercion, or the threat, expressed or implied, of bodily
injury. Whether a party used intimidation or coercion to obtain Consent will be
determined by reference to the perception of a reasonable person found in the
same or similar circumstances. Consent may never be given by: minors (even if
the other participant did not know the minor’s age); mentally disabled persons (if
their disability was reasonably knowable to a sexual partner who is not mentally
disabled); or persons who are incapacitated. The use of alcohol or drugs does not
diminish one’s responsibility to obtain Consent and does not excuse conduct that
constitutes Sexual Misconduct under this Policy. If at any time during a sexual act
any confusion or ambiguity is or should reasonably be apparent on the issue of
consent, it is incumbent upon each individual involved in the activity to stop and
clarify the other’s willingness to continue and capacity to consent. Neither party
should make assumptions about the other’s willingness to continue. The behaviors
presented in this definition are for clarity purposes. Those behaviors should not
imply permission by the University for students to engage in any sexual behavior
beyond that permitted in the CIU Student Handbook.