Sexual and Intimate (Domestic) Violence Terms
Bystander Intervention: includes without limitation the act of challenging the social norms that support, condone, or permit sexual discrimination, harassment and or misconduct including domestic and dating violence, stalking. A bystander may observe an emergency or a situation that looks like someone could use some help. They must then decide if they are comfortable stepping in and offering assistance. A bystander may be a third party in receipt of information about an incident that has already occurred, an actual witness to, and whom may or may not know the impacted party.
Comprehensive Policy: the policy created and implemented by a higher education institution, including Rock Valley College to address student allegations of sexual violence, domestic violence, dating violence, and stalking.
Confidential Advisor: means a person who is employed or contracted by a higher education institution to provide emergency and ongoing support to student survivors of sexual violence with the training, duties, and responsibilities specific to addressing such concerns. Confidential advisors receive 40 hours of training. The confidential advisor for Rock Valley College is Rockford Sexual Assault Counseling (RSAC).
Confidential Communication: Confidentiality exists in the context of laws that protect certain relationships, including with medical and clinical care providers, mental health providers, licensed professional counselors, and ordained clergy, all of whom may engage in confidential communications under Illinois law. In the event of imminent threat or danger, this confidential communication may need to be shared to provide assistance for mental health, medical or other services. Confidential resources employees (Counselors) are not required to report any information about an incident to the Title IX Coordinator or others at the college without an individual’s permission.
Consent: is freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the survivor resulting from the use of force or threat of force by the accused shall not constitute consent. A person’s manner of dress does not constitute consent. A person’s consent to past sexual activity does not constitute consent to future sexual activity. A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.
Dating Violence: is violence committed by a person:
- who is or has been in a social relationship of a romantic or intimate nature with the survivor; and
- where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
Domestic Violence/Intimate Partner Violence: involves a person knowingly, without justification, causing bodily harm to any family or household member, or making physical contact of an insulting or provoking nature with them. A family or household member includes spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child(ren) in common, person who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in Section 12-4.4a of the Illinois Domestic Violence Code.
Immunity: Any student who reports, in good faith, an alleged violation of the Rock Valley College comprehensive policy to a responsible employee, or other college official, so that the reporting student will not receive a disciplinary sanction for a student conduct violation, such as underage drinking, that is revealed in the course of such a report, unless the incident or action is determined to be egregious, including without limitation an action that places the health or safety of any other person at risk.
Private Communication: Privacy means that information related to a report of violations of the policy or incident will be shared with a limited circle of college employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report. Professional staff may share information without revealing any personally identifying information about an incident to the college.
Responsible Employee: is someone who has the authority to redress sexual discrimination, harassment or misconduct, who has the duty to report incidents of such or other student misconduct, or who a student could reasonably believe has this authority. They are required to report to Title IX Coordinator.
Sex Discrimination: Discrimination on the basis of sex, sexual orientation, or gender-related identity. Sex discrimination includes sexual harassment, sexual misconduct, and sexual violence.
Sexual Violence:
- refers to physical sexual acts perpetrated against a person’s will, or where a person is incapable of giving consent. Consent must be given freely and voluntarily. It must be active and cannot be passive; silence or an absence of resistance, does not imply consent. A person may not give consent if they are unconscious, under the age of 17, incapacitated due to the use of alcohol or drugs, or have an intellectual or other disability. Past consent does not imply future consent, consent can be withdrawn at any time. Coercion, force, or threat of either; invalidates consent. Examples of sexual violence includes; rape, sexual assault, sexual battery, and sexual coercion. All such acts are forms of sexual harassment covered under this policy.
- involves the use of force or threat of force to sexually touch or sexually penetrate the victim’s body or forcing the victim to touch or penetrate the offender’s body. Threats of death or use of a weapon increases the severity of criminal charges. According to Illinois law, sex crimes can be prosecuted even if the victim knew the attacker; the victim did not fight back; the victim had consensual sex with the attacker previously; or the victim was intoxicated or unconscious.
Stalking: is a course of conduct directed at a specific person that involves repeated (two or more occasions) visual or physical proximity, nonconsensual communication, or verbal, written, or implied threats, or a combination thereof, that would cause a reasonable person fear. Stalking behaviors include defaming character, use of Internet and e-mail (cyberstalking) to harass and spread rumors about an individual, damaging or threatening to damage one’s property and following or lying in wait for an individual. Stalking is a crime under law in the state of Illinois.
Survivor: means a student who has experienced sexual violence, domestic violence, dating violence, or stalking while enrolled at RVC.