Adviser: Typically advisers are members of the campus community, but parties may select whomever they wish to serve as their adviser. The advisers can provide information about the grievance board process and offer assistance as to help prepare a complainant or respondent to testify, question, rebut and make closings statements. The advisers do not prepare statements, question witnesses, or provide testimony during the hearing. They may confer quietly with their advisee, exchange notes, clarify procedural questions with the chair and suggest questions to their advisee.
Disciplinary Conference Meeting: An informal hearing conducted by a Hearing Officer (Administrator) for disciplinary action and/or referral to the Student Conduct Hearing Board.
Case Packet: The packet of materials for submission to the Student Conduct Hearing Board for consideration.
Charges: Specific provisions of the Student Code of Conduct and Ethics submitted as having possibly been violated by the accused student.
Coercion: Unreasonable pressure or persuasion, duress, cajoling and/or compulsion to engage in unwanted sexual activity. Can be confused with romance or seduction but can be identified by the following factors: intensity, frequency, duration and/or isolation.
Cheating: Includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems or carrying out other assignments; (3) acquisition, without permission, of tests of other academic material belonging to a member of Wittenberg University’s faculty, students or staff; (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
Complainant: Any member of the Wittenberg community who reports or files a misconduct complaint including complaints of sexual harassment or misconduct.
Days: All days that are considered working days.
Dating Violence: Violence committed by a person— (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship. (ii) The type of relationship. (iii) The frequency of interaction between the persons involved in the relationship.
Dean’s Hold: Notation on the students university account indicating that the person is not permitted to register for classes, register for student housing, receive transcripts and/or diploma until a pending issue is resolved with the Dean‘s office that placed the hold.
Domestic Violence: Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
Effective Consent: Words or actions that show a knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. Effective consent cannot be gained by force, by ignoring or acting in spite of the objections of another, or by taking advantage of the incapacitation of another, where the respondent knows or reasonably should have known of such incapacitation. Effective consent is also absent when the activity in question exceeds the scope of prior effective consent. In the State of Ohio, persons 16 years of age or younger cannot give effective consent.
Facilitator: A university employee or designee who facilitates a resolution of a complaint as outlined in the Policies and Procedures Concerning Sexual Harassment and Misconduct.
Faculty Member: Any person hired by Wittenberg University to conduct classroom or teaching activities or who is otherwise considered by Wittenberg University to be a member of its faculty.
FERPA: Family Educational Rights and Privacy Act of 1974. http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
Force: Physical force, violence, threat, intimidation or coercion.
Group: A number of persons who are associated with the university and each other, but who have not registered, or are not required to register, as a student organization (e.g. athletic teams, musical or theatrical ensembles, academic or administrative units)
Guest: A guest is defined as either an external visitor of a student and/or a student who is being hosted in the residence of a fellow student.
Hostile Environment: Per the Office of Civil Rights, a hostile environment as it relates to students is one in which the harassing conduct is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the school’s program.
Hearing Officer: University administrators responsible for conducting disciplinary conference meetings.
Incapacitation: The physical and/or mental inability to make informed rational judgments. States of incapacitation include, without limitation, sleep, blackouts, and flashbacks.
Where alcohol [or other drug] is involved, one does not have to be intoxicated or drunk to be considered incapacitated. Rather, incapacitation is determined by how the alcohol consumed impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments... Because incapacitation may be difficult to discern, students are strongly encouraged to err on the side of caution; i.e., when in doubt, assume that another person is incapacitated and therefore unable to give effective consent.
Being intoxicated or drunk is never a defense to a complaint of sexual harassment or misconduct under this policy. A factor considered during sexual complaint hearings is whether the accused student knew, or a sober, reasonable person in the position of the accused student should have known, that the complainant was incapacitated
Institution: Wittenberg University
Intake Officer: Designated university personnel trained as first responders to provide counsel and support to anyone who may have been subjected to sexual harassment or misconduct.
Investigative Officer: The university official responsible for obtaining all of the facts of the case and for presenting the Hearing Panel a written report.
No Contact Order: a temporary order put in place by the Dean of Students or designee in cases of harassment or threat of harassment to a Wittenberg community member. When put in place, no party is permitted to make contact with the opposing party whether directly or indirectly through others, by telephone, voice mail, e-mail, online messaging, online postings, campus or US mail, social networks or in any other way. Per the Dean of Students or designee’s discretion, parties are permitted to be within close proximity of one another for events such as class or campus events, but special care should be taken to avoid all contact.
Non-Consensual Sexual Contact: Any form of sexual contact that occurs without effective consent.
Non-Consensual Sexual Intercourse: Any genital or oral penetration, however, slight, by a part of the respondent’s body or by an object that occurs without effective consent.
Not Responsible: A finding in the Student Code of Conduct and Ethics that indicates that the university has determined that the preponderance of evidence in a case indicates that it is more likely than not that there was NO violation(s) of the Student Code of Conduct and Ethics. Findings of not responsible do not indicate a violation and are therefore not reported as such in cases where a student‘s record is requested.
Office of Record: The Office of Student Development.
Organization: Any number of persons who have complied with the formal requirements for Wittenberg University’s recognition or registration. This includes both registered student organizations and recognized or official organizations such as athletic teams.
Plagiarism: includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
Policy: The written regulations of Wittenberg University as found in, but not limited to, the Student Code of Conduct and Ethics, Residence Life Handbook, Wittenberg University’s website, Computer Use Policy, and Graduate/Undergraduate Catalogs.
Responsible: A finding in the Student Conduct System that indicates that the university determined that the preponderance of the evidence in a case indicated violation(s) of the Student Code of Conduct and Ethics.
Restitution: Financial reimbursement.
Retaliation: Any acts of intimidation, threats, coercion or other behaviors against persons who files complaints or expresses concerns about sexual harassment or misconduct.
Respondent: A person named as an offender in a complaint.
Safe Harbor: Wittenberg University has a Safe Harbor rule for students. The university believes that students who have a drug and/or addiction problem deserve help. If any university student brings their own use, addiction or dependency to the attention of university officials outside the threat of drug tests or imposition of the conduct process and seeks assistance, a conduct complaint will not be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and the campus conduct process will be initiated.
Sexual Contact: Deliberate touching of a person’s intimate parts (including genitalia, groin, breast, buttocks, or clothing covering any of those areas), or using force to cause a person to touch his or her own or another person’s intimate parts.
Sexual Exploitation: Taking sexual advantage of another person without effective consent, and includes, without limitation, causing or attempting to cause the incapacitation of another person in order to gain sexual advantage over such other person. Such actions include, but are not limited to causing the prostitution of another person; recording, photographing or transmitting identifiable images of private sexual activity and/or intimate parts (including genitalia, groin, breast, or buttocks) of another person; allowing third parties to observe private sexual acts; engaging in voyeurism; and/or knowingly or recklessly exposing another person to a significant risk of sexual transmitted infection, including HIV.
Sexual Harassment: (See Sexual Harassment and Misconduct Policy)
Sexual Misconduct: A broad term encompassing Sexual Exploitation, Sexual Harassment, Non-Consensual Sexual Contact, and Non-Consensual Sexual Intercourse, as defined in this policy. Sexual misconduct may occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual Misconduct can be committed by men or by women, and it can occur between people of the same or different sex.
Staff: Any full-time and part-time employee of Wittenberg University who holds managerial, administrative, clerical, technical, skilled craft, service or other positions designated by Wittenberg University to be subject to these rules, policies, procedures and benefits.
Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.
Student: All persons taking courses at Wittenberg University either full-time or part-time, pursuing undergraduate, graduate or professional studies. Persons who withdraw after allegedly violating the Student Code of Conduct and Ethics, who are not officially enrolled for a particular term but who have a continuing relationship with Wittenberg University or who have been notified of their acceptance for admission are considered “students” as are persons who are living in Wittenberg University’s residence halls, although not enrolled in this institution. This Student Code of Conduct and Ethics applies to all locations of Wittenberg University.
Student Conduct Hearing Board: Convening of faculty, staff and students responsible for resolving cases that are not resolved in a disciplinary conference meeting.
Student Conduct Hearing Board Chair: A faculty or staff member designated and trained by the Dean of Students or designee to preside over the Student Code of Conduct and Ethics proceedings.
Support Person: A person chosen by the student to sit with him/her during the course of a formal disciplinary hearing in front of the Student Conduct Hearing Board. This person is not permitted to be a person who is indicated as a witness for the case.
University Property: Land, facilities, items and/or land owned or managed by Wittenberg University. This includes but is not limited to library materials, campus signage, campus facilities, grounds, vehicles, classroom materials, etc.
Wittenberg University Official: Any person employed by Wittenberg University performing assigned administrative or professional responsibilities.
Wittenberg University’s Premises: All land, buildings, facilities, and other property in the possession of or owned, used, or controlled by Wittenberg University.