The policies were written for MVCC's Title IX using certain terms with these definitions in mind.
Shall mean a person accused of a violation who has not yet entered an Institution's judicial or conduct process.
Shall mean any individual who provides the accused or victim/survivor with support, guidance and/or advice. This person will also take on the role of cross-examiner in actual hearings.
Sex is not something that happens to you, it is something you participate in. Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm. The definition of consent does not vary based upon participant's sex, sexual orientation, gender identity, or gender expression. Consent is active, not passive. Consent to any sexual act or prior consensual activity between or with any party does not constitute consent to any other sexual act. Silence or lack of resistance, in and of itself, does not demonstrate consent. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
shall mean a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution.
A bystander’s safe and positive actions to prevent harm or intervene when there is a risk posed to another person. Bystander intervention includes recognizing situations of potential harm, identifying safe and effective intervention options, and taking action to intervene.
** The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.
“Rape” is a form of sexual assault is defined as any non-consensual sexual intercourse committed by coercion, intimidation, threat or physical force, either actual or implied. Rape includes sexual assault, committed by an acquaintance as well as a stranger.