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​“Complainant” means a student who alleges to the higher education institution that he or she has been the victim of a violation of the comprehensive policy, regardless of whether the complaint was initially submitted to the higher education institution by him or her, or by someone else. 

“Respondent” means a student involved in the complaint resolution procedure who has been accused of violating a higher education institution’s comprehensive policy. 

“Comprehensive policy” means a policy created and implemented by a higher education institution to address student allegations of sexual assault, domestic violence, dating violence, and stalking. 

“Confidential advisor” means a person who is employed or contracted by a higher education institution to provide support to student survivors, complainants, or respondents in the context of an investigation of alleged violation of the comprehensive policy described herein, or in seeking assistance or accommodations related to such an alleged violation. 

“Confidential communication” means information exchanged between a survivor, complainant, or respondent and a confidential advisor during the course of the advisor providing support and assistance, including all records kept by the advisor concerning the survivor and services provided to the survivor, complainant, or respondent, except where failure to disclose the information would violate the law, would result in an imminent threat of physical harm, or would violate a professional oath or the requirements of a professional license. 

“Sexual assault” means physical sexual contact attempted or perpetrated without a person’s consent, as defined by the higher education institution’s policy consistent with the requirements of this act. 

“Domestic Violence” means 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 threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. 

“Stalking” means purposefully engaging in a course of conduct directed at a specific person, or who makes a credible threat, and who knows or should know that the conduct would cause a reasonable person to fear for his or her own safety, to fear for the safety of another person, or to fear damage or destruction of his or her property, is guilty of the crime of stalking. 

“Drug Facilitated Sexual Assault” means drugs and/or alcohol are often used to compromise an individual’s ability to consent to sexual activity as well as to minimize the resistance and memory of the victim of a sexual assault. 

“Survivor” means any student who has experienced sexual assault, domestic violence, dating violence, or stalking while enrolled at a higher education institution, irrespective of whether or not he or she seeks disciplinary action under the comprehensive policy, accommodations, or confidential assistance. 

“Diminished capacity” means an individual does not have the capacity to consent. Reasons for this inability to consent include, but are not limited to: sleeping, drugged, passed out, unconscious, mentally incapacitated, etc. It is important to understand diminished capacity because often times victims of sexual assault in these situations blame themselves because they drank, consumed drugs, etc. It is essential to emphasize that it is not his or her fault, that the aggressor is the one who took advantage of his or her diminished capacity. 

“Witness” means a person who directly observes the alleged incident.