The Lowdown 23-24

policy or the Complaint Resolution Procedures to be abused for improper
means. Accordingly, the University may take disciplinary action against any
person who makes a bad-faith report of sexual misconduct, and such
disciplinary action will not constitute prohibited retaliation. A person makes a
bad faith report of sexual misconduct if, at the time that they make the report,
they know the report is false or frivolous. Further, the University may take
disciplinary action against any person who knowingly provides false
information during the investigation or resolution of a complaint of sexual
misconduct, and such disciplinary action will not constitute prohibited
retaliation.
j. Non-Faculty Employee: The term “Non-Faculty Employee” includes full
and part-time staff employees, coaches, resident physicians, postdoctoral
fellows, USAHCA physicians, and physicians without faculty appointments.
k. Quid Pro Quo Sexual Harassment: Quid pro quo sexual harassment
occurs when an employee of the University conditions the provision of aid,
benefit, or service of the University on the individual’s participation in
unwelcome sexual conduct. Quid pro quo sexual harassment can also occur when
a University employee explicitly or implicitly conditions a student's participation
in an education program or activity or bases an educational decision on the
student's submission to unwelcome sexual advances, requests for sexual favors,
or other verbal, nonverbal, or physical conduct of a sexual nature.
l. Reasonable Person: A reasonable person is one who exercises average
care, skill, and judgment in their conduct and who serves as a comparative
standard for determining responsibility.
m. Respondent: An individual who is alleged to be the perpetrator of
conduct that could constitute sexual misconduct.
n. Retaliation: Retaliation is intimidation, threats, coercion, or
discrimination against any individual for the purpose of interfering with any right
or privilege secured by Title IX and its implementing regulations or because an
individual has made a report or complaint, testified, assisted, or participated or
refused to participate in any manner in an investigation, proceeding, or hearing
under this policy and related procedures. Examples of retaliation include:
● Termination of employment, demotion, denial of promotion, reduction in
pay, or being “written up” because a report of sexual misconduct was
made;
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