Definitions

These terms are either based off the legal definitions and categories taken from the Ohio Revised Code 2907.01-2907.09 or our Student Code of Conduct if they are not properly identified as being from a different source.

If any of the terminology used here or others areas of the website that are not listed that are unfamiliar or need more clarification you may reach out to the Title IX Office at 419-372-8476. The Title IX Office would be more than happy to help you better understand the language used when talking about matters involving Title IX.

An advocate is the person whose primary role is to support the survivor in whatever decisions they choose for their own well-being, empowering them by providing all needed information and options.  A qualified advocate for providing rape crisis advocacy is a person who has completed at least 40 hours of training in advocacy for victims of sexual violence; and is an employee or volunteer of a qualified victim services program.

The use of pressure to compel another individual to initiate or continue sexual activity against an individual’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. Source.  

The term “Complainant” means any person filing an Incident Report of alleged misconduct or otherwise bringing a complaint forward.

Giving permission for something to happen must be given freely. Consent must be given in order for the sexual contact/conduct to be considered legal. Silence does not equal consent. Consent also means that the person is of legal age and has no mental limitations.

 Consent must be:

  • Verbal and Clear
  • Sober and Unimpaired
  • Consistent
  • Prompt
  • Unforced and Non-threatened

An individual’s internal sense of gender. A person’s gender identity may be different from or the same as the person’s sex assigned at birth. Source.

The process in which transgender individuals begin asserting the sex that corresponds to their gender identity instead of the sex they were assigned at birth. During gender transition, individuals begin to live and identify as the sex consistent with their gender identity and may dress differently, adopt a new name, and use pronouns consistent with their gender identity. Transgender individuals may undergo gender transition at any stage of their lives, and gender transition can happen swiftly or over a long duration of time. Source.

Having sexual contact with another, by force or threat of force; or the offender substantially impairs the other person's judgment or control using drugs or intoxicants secretly or by force, threat of force or deception. Source.

Any severe or pervasive verbal, written, or electronic communication or action that causes a reasonable person to feel emotionally or mentally distressed or frightened. Harassment also includes communication or action that interfere with an individual’s participation in an educational, work, or University activity or environment.

Any mental or physical action, requirement, request of, or obligation placed upon any person (including but not limited to a pledge, associate member, affiliate, prospective member, guest, initiate or team member) which could be harmful to the health, welfare or academic progress of the person; or which is personally degrading to the individual involved, or which has an adverse effect on the academic progress of the person; or which destroys or removes public or private property; or which violates any federal, state, or local laws, or University policy, whether on or off-campus. No member of the University community shall fail to report hazing. A person’s consent to hazing is not an excuse under this section.

The term “Incident Report” means any accusation of alleged misconduct submitted through the “Report an Incident” function here. The University treats law enforcement agency reports and citations as incident reports.

University jurisdiction shall address conduct, which occurs on or off University premises, which includes in person or electronically, and adversely affects the University community and/or the pursuit of its objectives, including but not limited to creating a positive Bowling Green State University academic environment, promoting responsible citizenship, and fostering an inclusive community. All students and organizations shall be responsible for their individual conduct during the duration of their student or organization status.

The term “member of the University community” includes any person who is a student, University official, trustee, or any other person serving the University in an official capacity. The Vice President for Student Affairs shall determine a person’s status.

The standard of proof that the BGSU uses in adjudicating cases.  It means “more likely than not.” Where a person is alleged to have committed a particular act of misconduct, the allegation is established by a preponderance of the evidence when the evidence is such that it is more likely true than not true that the person committed the act. Source.

Recklessly exposing one's private parts, or masturbating; engaging in conduct appearing to an ordinary observer to be sexual conduct or masturbation.

Engaging in sexual conduct by force or threat of force; or for the purpose of preventing resistance, offender substantially impairs victim's judgment or control by giving any drug/intoxicant secretly or by force, threat of force, or deception. Victim need not prove physical resistance.

Per Code of Student Conduct, the term “residence hall” means any hall, house or other living unit owned or leased by the University for the principle purpose of providing student housing.

The term “Respondent” means any person or organization against whom an Incident Report of alleged misconduct has been filed or a claim brought forward against.

A student or organization shall not retaliate against any member of the BGSU community who files an Incident Report or who brings forward a complaint or concern.

This is not a legal definition or category. It is an umbrella term covering the classifications above and a wide range of actions taken against a person without the person's consent, against the person's will, or under force, threat of force, or coercion. Sexual activity occurring when someone is medicated, asleep, passed out, or drunk can also be illegal. In these situations a person cannot truly consent since she or he is not in a coherent state of mind.

This is not a legal definition or category. There are occasions when a third party will share information regarding an alleged incident which may have occurred on campus. Many times the person sharing the information provides little or no detail regarding the victim, suspect, time, place or what actually happened. If the BGSU Police Department is made aware of this third party information and it is determined that a sexual assault may have occurred on university property or public property within or immediately adjacent to campus, this information will be recorded as “sexual assault information” for the benefit of our students and the campus community.

The sex designation recorded on an infant’s birth certificate should such a record be provided at birth. Source.

Vaginal intercourse between individuals, anal intercourse, or oral sexual activity between persons regardless of gender. Penetration with any body part or object, however slight, is sufficient to complete vaginal or anal intercourse.

Any touching of an erogenous zone of another, including the thigh, genitals, buttocks, anal zones, pubic region, areas particularly sensitive to sexual stimulation, or, if such person is female, breast(s), for the purpose of sexually arousing or gratifying either person.

Physical contact or other non-physical conduct, however slight, of a sexual nature in the absence of consent or when it involves compelling a person to submit to such conduct by force, threat of force, use of intoxicants to impair a victim’s ability to give consent, or otherwise taking advantage of any impairment that might render a person incapable of making a decision about sexual activity. This includes sex-based violence and sexual harassment. For the purposes of the above policy, consent is defined as the act of knowingly and affirmatively agreeing to engage in a sexual activity.

Minor incidents of a sexual nature which may or may not involve physical contact. (Example: offensive sexual words or comments, bumping, gestures, etc.)

Stalking is a series of actions that make you feel afraid or in danger. Stalking is serious, often violent, and can escalate over time. A stalker can be someone you know well or not at all. Most have dated or been involved with the people they stalk. Most stalking cases involve men stalking women, but men do stalk men, women do stalk women, and women do stalk men.

The term “student” means all persons who have been notified of their acceptance, expressed intent to and/or registered for classes, or otherwise entered into any other contractual relationship with the University to take instruction.

This includes, but is not limited to all individuals:

  1. Taking classes in person or through distance learning whether on a part-time and full-time basis, pursuing undergraduate or graduate degrees, or
  2. Who reside in University-owned housing or who live off campus,
  3. Who are not enrolled for the current term but who have a continuing relationship with the University. Student status ceases when an individual graduates, is not enrolled for two consecutive terms, or an individual who is suspended, dismissed, or expelled for any reason.

Describes those individuals whose gender identity is different from the sex they were assigned at birth. A transgender male is someone who identifies as male but was assigned the sex of female at birth; a transgender female is someone who identifies as female but was assigned the sex of male at birth. Source.

The term “University official” includes any person employed by the University and any person serving the University in an official capacity

The term “University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University, whether in Bowling Green, Ohio, or elsewhere.

Trespassing or secretly invading privacy of another; to spy or eavesdrop upon another with the purpose of sexually arousing or gratifying one's self.