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Sexual Misconduct, Intimate Partner Violence, and Stalking Policy Jurisdictional Requirements
As stated in the Sexual Misconduct Policy, alleged conduct may be considered either Title IX Sexual Misconduct or Sexual Misconduct, depending on the following jurisdictional requirements.
Applies to conduct that occurs in an education program or activity against a person in the United States. If the prohibited conduct falls under Title IX Sexual Misconduct jurisdiction and definitions, the Title IX Coordinator or designee must utilize the Title IX Sexual Misconduct procedures as prescribed by the Title IX regulations.
Applies to conduct that does not otherwise meet the jurisdictional standard or definition of Title IX Sexual Misconduct, but where the conduct occurred in the context of an employment or education program or activity of the university or where both the complainant (reporting party) and respondent are affiliated with the university.
For all allegations of Sexual Misconduct not falling under (i), the Title IX Coordinator or designee will consider the degree of the university’s control over the respondent, the relationship between the complainant (reporting party) and respondent, and assess the surrounding circumstances of the alleged conduct for the presence of the following factors:
- Targets or causes harm to an individual connected with the university;
- Threatens further sexual or other violence against the complainant (reporting party) or others and there is reasonable fear that such further conduct could target or cause harm to someone connected with the university;
- Is of a violent nature or was frequent or severe;
- Prior or current similar, misconduct complaints about the respondent, or if the respondent has a known history or records from a prior school indicating a history of sexual or other violence;
- Use of, or threat to use, a weapon, access to or attempts to access weapons, or a history of bringing weapons to the university;
- Multiple alleged complainants (reporting parties) or respondents;
- Facilitation by the incapacitation of the complainant (reporting party) through alcohol, drugs, disability, unconsciousness, or other means;
- The complainant (reporting party) is a minor;
- Whether the alleged sexual misconduct reveals a pattern of perpetration at a given location or by a particular group; or
- Any other signs of predatory behavior.
If the Title IX Coordinator or designee determines that at least one of the above factors is present, then the Title IX Coordinator or designee may determine that the university may exercise jurisdiction, and the Sexual Misconduct policy standards apply.