A complainant is an individual(s) who files a formal accusation against another individual(s).
A respondent is an individual against whom a formal accusation has been made.
A confidential reporter is an individual with whom a victim can confidentially report and discuss an instance of sexual harassment including sexual violence without information being shared with others. This typically includes individuals who are serving in their role as a mental-health counselor, pastor, social worker, psychologist, health center employees or any other person with a professional license requiring confidentiality.
Non-Confidential Reporter/Responsible Employee
An employee who has the authority to address sexual harassment including sexual violence, who has the duty to report incidents of sexual harassment or other student misconduct, or who a student could reasonably believe has this authority or duty. Examples include but are not limited to faculty members, advisors, employees in most OSU-CHS offices and anyone in a supervisory role.
The OSU-CHS Victim Advocate is an individual who can offer victims information, emotional support, and help finding resources and filling out paperwork. The Victim Advocate can keep all information confidential and does not have to report the incident to anyone on campus.
Sexual misconduct is a broad term encompassing any non-consensual contact of a sexual nature. Sexual misconduct may vary in severity and consists of a range of behavior or attempted behavior including, but not limited to, the following examples of prohibited conduct:
Effective Consent consists of all the following characteristics:
Individuals who commit acts of sexual misconduct assume responsibility for their behavior and must understand that the use of alcohol or drugs does not reduce accountability for their actions.
The following are examples of sexual misconduct violations:
Sexual harassment is unwelcome sexual advances, requests for sexual favors and other verbal or physical contact or communication of a sexual nature when
Sexual harassment does not include verbal expressions or written materials that are relevant and appropriately related to course subject matter or curriculum, and this policy shall not abridge academic freedom or the university’s educational mission. Sexual harassment can create a hostile environment. Sexual harassment should be reported even if it doesn’t reach the point of a hostile environment. A hostile environment is defined as subjectively and objectively offensive and sufficiently severe or pervasive to alter the conditions of the victim’s educational, employment or university environment.
Sexual harassment can occur off-campus and still have an effect on an individual’s educational, employment or university environment as well as create a hostile environment. A one-time non-consensual contact could also create a hostile environment.
The following are examples of behavior that could be considered sexual harassment:
Sexual violence consists of physical sexual acts committed against a person’s will or when a person is incapable of giving consent. A number of different acts fall into the category of sexual violence, including sexual misconduct, stalking, dating violence, and domestic violence.
Stalking occurs when a person engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.
Stalking is defined to mean two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
This may include repeatedly contacting another person (through any means, such as in person, by phone, e-mail, text messaging, etc.), following another person, or having others contact another person.
Substantial emotional distress would include significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Stalking is the willful, malicious, and repeated following or harassment of a person in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed or molested. Stalking also means a course of conduct composed of a series of two or more separate acts over a period of time. The behavior must demonstrate a continuity of purpose or unwelcome contact with a person that is initiated or continued without the consent of the individual or in disregard of the expressed desire of the individual that the contact be avoided or discontinued.
Actions that a stalker may take to contact, harass, track or frighten another could include the following repeated events:
Stalking can be committed by a casual acquaintance, a current boyfriend or girlfriend, someone the victim dated in the past, or a stranger.
(This definition is consistent with Violence against Women Act Volume 79 CFR and Oklahoma State statute).
Dating violence is committed by a person who is or has been in a social relationship of a romantic or intimate nature with another person. The existence of such relationship shall be determined based on the following factors:
Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts that meet the definition of domestic violence.
(This definition is consistent with Violence against Women Act Volume 79 CFR).
Domestic violence is a crime of violence committed by a
Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic or psychological actions or threat of actions that influence another person.
(This definition consistent with Violence against Women Act Volume 79 CFR).