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the purpose of coercing, intimidating or threatening another person. Sexual misconduct can<br />

occur between people of the opposite sex or people of the same sex.<br />

Sexual Violence: Committing a physical sexual act against another person’s will or where a<br />

person is incapable of giving consent.<br />

Examples: rape, date rape, sexual assault, sexual battery, and sexual coercion.<br />

Stalking: A course of conduct or repeatedly committed acts or communications toward another<br />

person, including following the person without proper authority, under circumstances which<br />

demonstrate either an intent to place the other person in reasonable fear of bodily harm or<br />

causing substantial emotional distress.<br />

Examples: unwelcome and persistent electronic message, phone calls, gifts, and other<br />

forms of observation.<br />

Student Conduct Process for Sexual Misconduct: A process established by the University to<br />

resolve alleged acts of sexual misconduct, generally falling within the definition of sexual assault<br />

or sexual violence, but may be used in egregious acts of any form of sexual misconduct. All<br />

other alleged misconduct acts are resolved using the regular student conduct process.<br />

The student conduct process for sexual misconduct pertains to cases in which: 1) the<br />

complainant(s) and accused are Wilkes University students or 2) the accused is a Wilkes<br />

University student. The procedures for alleged incidents of sexual misconduct perpetrated<br />

against a student by a faculty member, staff member, or contracted worker is provided in the<br />

last section of this Appendix.<br />

Title IX: A federal law that prohibits sex-based discrimination in education programs and<br />

activities at public and private educational institutions that receive federal assistance. Sexual<br />

harassment, including sexual violence, is a form of sex discrimination that is covered in Title IX.<br />

Title IX Officer: The person, specially trained, and responsible for oversight of University<br />

policies and practices related to sexual harassment (which includes sexual misconduct). The<br />

Title IX Officer for cases involving students is the Associate Dean for Student Development.<br />

University Judicial Council (UJC): The adjudicating body that considers appeals of Sexual<br />

Misconduct case decisions. The option for an appeal is available to both victim and accused.<br />

Victim: Any person who is subject to sexual harassment, sexual misconduct, sexual assault,<br />

sexual violence (terms not mutually exclusive).<br />

Staff Responsibilities and Contact Information<br />

Role of Staff and Faculty<br />

All faculty and staff members who do not work within the Health and Wellness Services Office<br />

are designated by Wilkes University as “responsible employees”. Title IX requires all<br />

responsible employees “who know or reasonably should know of possible sexual violence” to<br />

report the information to the appropriate designated officials.<br />

Responsible employees who become aware of an alleged episode of sexual misconduct are<br />

obligated to report all of the relevant facts pertaining to the incident (including names, dates,<br />

times, and locations) to the Deputy Title IX Coordinator, Office of Student Affairs, or Public<br />

Safety. Once an incident is reported, confidentiality will be respected based on the alleged<br />

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