II. Definitions

1. The following terms apply to the Title IX Sexual Harassment Grievance Procedures. These definitions should be read in concert with the defined terms in the Nondiscrimination and Anti-Harassment Policy and Procedures.
   1. Actual knowledge means notice of alleged Title IX Sexual Harassment to the College’s Title IX Coordinator or Deputy Title IX Coordinator or to any “official with authority” identified in Section A.2. below, who can institute corrective measures on behalf of the College. “Notice” as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator or Deputy Title IX Coordinator. Actual knowledge is not satisfied when the only official with authority with notice of allegations of Title IX Sexual Harassment is the complainant or respondent.
   2. Advisor of choice means a support person who may or may not be an attorney or affiliated with the College but whom the complainant or respondent selects to accompany them to any meetings or proceedings during the investigation and grievance procedures.
   3. Complainant means an individual who is alleged to be the target of conduct that could constitute Title IX Sexual Harassment.
   4. Consent means each person involved in sexual activity has given knowing, willing, free, and clear permission to engage in the sexual activity or contact. The College requires consent, as defined in Section III.C.3 of the Nondiscrimination and Anti-Harassment Policy and Procedures, for all sexual contact and activity.
   5. Decisionmaker means an individual responsible for reaching a determination regarding responsibility in a formal complaint.  The appellate decisionmaker means an individual responsible for reviewing an appeal of a decision to dismiss or a determination regarding responsibility.  Neither the decisionmaker nor the appellate decisionmaker can be the Title IX Coordinator or the investigator(s) assigned to the same formal complaint. 
   6. Education program or activitymeans locations, events, or circumstances over which the College exercises substantial control over both the complainant and respondent and the context in which the Title IX Sexual Harassment occurs, such as but not limited to, any building owned or controlled by a student organization that is officially recognized by the College.
   7. Formal complaint means a document signed and filed with the College by a complainant or signed by the Title IX Coordinator on behalf of the complainant, alleging Title IX Sexual Harassment against a respondent and requesting that the College investigate the allegations of Title IX Sexual Harassment. For more information about the formal complaint, see “Filing a Formal Complaint,” Section IV of this Policy.
   8. Investigator means an individual who investigates a formal complaint. The investigator may also be the Title IX Coordinator or Deputy Title IX Coordinator but cannot be the decisionmaker.
   9. Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sex-based discrimination or Title IX Sexual Harassment.
   10. Supportive measures mean non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent before or after a formal complaint or where no formal complaint has been filed. For more information about supportive measure, see “Response to Reports of Sexual Harassment,” Section III of this Policy.
   11. Title IX Coordinator and Deputy Title IX Coordinator mean the persons who oversee the College’s response to discrimination, harassment and retaliation reports and complaints, and other duties and responsibilities as required by law. The Title IX Coordinator and Deputy Title IX Coordinator and their contact information is:
            Title IX Coordinator
            Associate Vice President of Administrative Services
            Phone: (719) 389-6791
            Email: bwilson@coloradocollege.edu
            Office: Spencer Center, Suite 200
       
            Deputy Title IX Coordinator
            Community Standards and Conduct Specialist
            Phone: (719) 389-6800
            Email: jisringhausen@coloradocollege.edu
            Office: Worner Campus Center, 207
       
       
   12. Title IX Sexual Harassment means conduct on the basis of sex that occurs in the United States within the educational program or activity of the College, which falls under the jurisdiction of Title IX of the Education Amendments of 1972 because it satisfies one or more of the following:
       • An employee of the College conditions the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
       • 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 College’s education program or activity; or
       • Constitutes “Sexual assault,” “dating violence,” “domestic violence,” or “stalking” as defined in the Nondiscrimination and Anti-harassment Policy and Procedures.

Title IX Sexual Harassment will be remedied under the grievance procedures described below, which is compliant with the Title IX regulations.