The University prohibits Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, and Retaliation as defined in this the Policy by or against any member of the University community (together, “Prohibited Conduct”). These forms of Prohibited Conduct are defined in the Marshall University BOG GA-1 Policy.
- “Advisor” Any person intended to assist the Complainant or Respondent during the disciplinary process, including but not limited to, a University appointed Advisor, faculty member, attorney or other person. Unless otherwise indicated by the Complainant or Respondent, in writing, the Advisor shall be provided a copy of all materials provided to the Complainant or Respondent. An Advisor cannot be a witness or provide testimony.
- “Complainant” means, for purposes of this Procedure, an individual who is the alleged victim of prohibited conduct that is reported to the University or, where appropriate, the University when proceeding on a complaint when the alleged victim is unavailable or unwilling to participate.
- “Consensual Relationship” means a mutually acceptable romantic, dating, or sexual relationship between individuals.
- “Employee” means any person hired for permanent employment by Marshall University for a probationary, full- or part-time position.
- “Interpersonal Violence” occurs when one person uses power and control over another through physical, sexual, or emotional threats or actions, economic control, isolation, or other kinds of coercive behavior.
- “Reporter” means, for purposes of this the Policy, any individual that makes or files a complaint about prohibited conduct under this Policy. The Reporter may be the Complainant, any other person, or the University.
- “Respondent” means, for purposes of this Policy, an individual accused of Prohibited Conduct.
- “Responsible Employee” any employee: who has the authority to take action to redress Prohibited Conduct; who has been given the duty by the University of reporting incidents of Prohibited Conduct or any other misconduct to the Title IX coordinator or other appropriate school designee; or whom an individual could reasonably believe has this authority or duty.
- “Member of the University Community,” for purposes of this Policy only, means an individual engaged in any University activity or program, whether on or off campus, or any individual lawfully on University property, including, but not limited to, any person who is a student, staff, faculty member, other University official, or a visitor.
- “Prohibited Conduct” means Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, and Retaliation as defined in Board of Governors Policy GA-1.
- “Review Panel” means a standing pool of trained members of the University community or external professionals who adjudicate allegations of Prohibited Conduct on campus, pursuant to these procedures.
- “Student” means, for purposes of this Policy, an individual subject to the Marshall University Board of Governors Policy SA-1, The Code of Student Rights and Responsibilities.