A person who assists and advises a complainant or respondent; may be any person, including an attorney, Codes Counselor, etc. Advisors cannot speak on party’s behalf.

A knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

The following are principles that apply to the above definition of affirmative consent:

• Consent to any sexual act or prior consensual sexual activity does not necessarily constitute consent to any other sexual act.
• Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
• Consent may be withdrawn at any time.
• When affirmative consent is withdrawn or can no longer be given, sexual activity must stop.
• A person is incapable of affirmative consent when they are:
  • Less than seventeen years of age;
  • Mentally disabled (a person is mentally disabled when their normal cognitive, emotional, or behavioral functioning renders them incapable of appraising their conduct); or
  • Incapacitated.
• A person is incapacitated when they lack the ability to choose knowingly to participate in sexual activity.
  • A person is incapacitated when they are unconscious, asleep, involuntarily restrained, physically helpless, or otherwise unable to provide consent.
  • Someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent depending on the level of intoxication.
  • Affirmative consent cannot be gained by taking advantage of the incapacitation of another. In evaluating responsibility in cases of alleged incapacitation, the fact finder asks two questions: (1) did the respondent know that the complainant was incapacitated? If not, (2) should a sober, reasonable person in the respondent’s situation have known that the complainant was incapacitated? If the answer to either of these questions is “yes,” affirmative consent was absent.
  • If the fact finder determines based on a preponderance of the evidence that both parties were incapacitated, the person who initiated the sexual activity alleged to be nonconsensual due to incapacity is at fault.
• Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
  • Examples of coercion and intimidation include using physically or emotionally manipulative conduct against the complainant or expressly or implicitly threatening the complainant or a third party with negative actions that would compel or induce a reasonable person in the complainant’s situation to engage in sexual activity at issue. Examples of sexual coercion include statements such as “I will ruin your reputation,” or “I will tell everyone,” Or “your career (or education) at Cornell will be over” or “I will post an image of you naked.”
  • Examples of force or a threat of harm include using physical force or a threat, express or implied, that would place a reasonable person in the complainant’s situation in fear of physical harm to, or kidnapping of, themselves or another person.

See the glossary entry for “Sexual Assault,” and the Understanding Affirmative Consent tool for more details.

A form of prohibited conduct in which a person, with the intent to promote or facilitate such conduct, helps another person commit any form of prohibited conduct.

A form of prohibited conduct in which a person, with the intent to commit such conduct, engages in behaviors that directly tend toward completion of any form of prohibited conduct.

Bias activity is action taken that one could reasonably and prudently conclude is motivated, in whole or in part, by the alleged offender’s bias against an actual or perceived aspect of diversity, including, but not limited to membership in an Equal Education and Employment Opportunity (EEEO) protected class (e.g., disability, race, sex, gender identity).

A person who has been reportedly impacted by Prohibited Conduct.

A free resource offered by the university who has been designated as a resource that will not, and cannot, be required to report information to the university.

The university offers a number of confidential resources for individuals who are looking for support or an opportunity to consider next steps, who need care, or who may be unsure about whether to report incidents to the university or police. Conversations with the university’s “confidential resources” are kept strictly confidential and, except in rare circumstances, will not be shared (including to faculty, coaches, parents, etc.) without explicit permission. A full list of confidential resources is available on the COCR website.

Under Policy 6.4, this means that information is not reported to the Cornell Office of Civil Rights and/or information that cannot be shared without explicit permission; compare to the definition of privacy.

Any act of violence — intentional or threatened — against a complainant when the respondent is:

1. a person who is or has been in a social relationship of a romantic or intimate nature, or
2. a current or former spouse or intimate partner;
3. a person with whom the complainant shares a child; or
4. anyone who is protected from the respondent’s acts under the domestic or family violence laws of New York.

Dating and domestic violence also includes behavior that is aimed at establishing power and control over the complainant by causing the complainant to fear harm will come to themselves or another person. Such behavior may take the form of harassment, property damage, intimidation, and violence or threat of violence to oneself (i.e., the respondent) or a third party. It may involve one act or an ongoing pattern of behavior.

Under Policy 6.4, a Designated Reporter is an employee who has a duty to report to the university any information they learn involving a student experiencing or being accused of sexual harassment, including sexual assault, dating or domestic violence, stalking, or any sex- or gender-based misconduct. More information about designated reporters, and a full list of them, is available on the COCR website.

Prohibited Discrimination occurs when a decision or action related to an education, cocurricular or extracurricular program or activity results in negative and/or different treatment of an individual based upon their Protected Status, such as denying an opportunity for which an individual is qualified, not considering a person for an opportunity that is open to others, singling a person or group for different treatment because of her, his or their Protected Status, or reinforcing the use of stereotypes that unreasonably impacts a person’s environment or opportunities.

Any location, event, or circumstance in which the University exercises substantial control over both the respondent and the context in which the prohibited conduct occurs; or any building owned or controlled by an officially recognized student organization.

A signed, written document from a complainant alleging specific prohibited conduct by a respondent and initiating the investigation and adjudication process under Policy 6.4; or a similar written document signed by a university official on behalf of the University.

A live, remote opportunity for cross-examination of parties and witnesses at the conclusion of a sexual misconduct investigation. A hearing panel will make findings of responsibility and impose appropriate sanctions and/or remedies.

In relation to affirmative consent, a state in which an individual lacks the ability to choose knowingly to participate in sexual activity. This may occur when a person is unconscious, asleep, involuntarily restrained, physically helpless, or otherwise unable to provide consent. A person may also be incapacitated when under the influence of alcohol, drugs, or other intoxicants, depending on the level of intoxication.

A formal, neutral, fact-gathering, which leads to a determination regarding whether a policy has been violated.

In relation to prohibited conduct, this refers to the University’s authority in applying and enforcing the provisions of Policy 6.4, which extends to all education programs and activities, as well as to other situations where Cornell exercises substantial control over the respondent and/or the environment at issue.

Under Policy 6.4, this means that information reported to the Cornell Office of Civil Rights will be shared only with those University officials who have a need-to-know to respond to the information; compare to the definition of confidentiality.

Any conduct that constitutes a violation of Policy 6.4.

Romantic or sexual relationships between students or postgraduates and faculty members, staff members, or others in positions of authority and are prohibited under these provisions:

• Provision 1: Any member of the Cornell community who has, or has had, a sexual or romantic relationship with a student or postgraduate is prohibited from exercising academic or professional authority over that student or postgraduate.
• Provision 2: Sexual or romantic relationships between undergraduate students and faculty members are strictly prohibited regardless of the department, school, or college affiliation of either party.
• Provision 3: Sexual or romantic relationships are prohibited whenever a faculty member, staff member, or other individual holds a position of authority over the student or postgraduate or is likely to do so in the foreseeable future.
• Provision 4: Sexual or romantic relationships between undergraduate students and staff members are prohibited regardless of the work unit or location of either party.

Identities protected under federal, state, and local equal education and employment laws and regulations. These include race, ethnic or national origin, citizenship and immigration status, color, sex/gender, pregnancy or pregnancy-related conditions, age, creed, religion, actual or perceived disability (including persons associated with such a person), arrest and/or conviction record, military or veteran status, sexual orientation, gender expression and/or identity, an individual’s genetic information, domestic violence victim status, familial status, marital status, and any other legally protected status. These identities are interpreted consistent with the definitions set forth in the applicable federal, state, and local equal education and employment laws and regulations.

Protected-status harassment, including sexual and sex/gender-based harassment, occurs when an individual is targeted with verbal, written, visual, or physical conduct based on that person’s protected class status that unreasonably interferes with the individual’s work or academic performance, or creates an intimidating, hostile, or offensive working or learning environment. The conduct constitutes harassment when the conditions outlined in (1) or (2), below, are present.

1. Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of a person’s employment, academic standing, or participation in any University programs or activities or is used as the basis for University decisions affecting the individual (often referred to as “quid pro quo” harassment.)
2. Such conduct creates a hostile environment. A hostile environment exists when the conduct subjects an individual to inferior terms, conditions or privileges of employment or education. Conduct must be deemed “more than a petty slight or trivial inconvenience” from the perspective of a reasonable person in the same protected class. In evaluating whether a hostile environment exists, the University will consider a number of factors, including, but not limited to:
   • The frequency, nature, and severity of the conduct;
   • Whether the conduct was physically threatening;
   • The effect of the conduct on the complainant’s mental or emotional state;
   • How the conduct affected the terms, conditions or privileges of employment or education;
   • Whether the conduct arose in the context of other discriminatory conduct;
   • Whether there is a power differential between the parties; and
   • Whether the conduct implicates concerns related to academic freedom or protected speech.

Document or information that makes the Cornell Office of Civil Rights aware of an alleged incident of prohibited conduct.

For additional information about reporting, see the Frequently Asked Questions About Reporting (Reporting FAQ) tool.

A person against whom a report or formal complaint of prohibited conduct under Policy 6.4 is made.

Any adverse action taken against an individual with the purpose of interfering with an individual’s rights under Policy 6.4 or its procedures.

Sexual assault is (1) sexual intercourse or (2) sexual contact (3) without affirmative consent.

1. Sexual intercourse means any penetration, however slight, with any object or body part, as follows:
   1. penetration of the vulva by a penis, object, tongue, or finger;
   2. anal penetration by a penis, object, tongue, or finger; and
   3. any contact, no matter how slight, between the mouth of one person and the genitalia of another person.
2. Sexual contact means intentional sexual touching, however slight, as follows:
   1. touching of the breasts, buttocks, genitals, or anus;
   2. making another touch anyone or themselves with or on any of these body parts; and
   3. touching another’s body part (including strangulation) for the purpose of sexual gratification, arousal, humiliation, or degradation.
3. Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
   • See the glossary entry for “Affirmative Consent” and the Understanding Affirmative Consent tool for more details.

Sexual Assault can also be nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Intentionally engaging in any of the following:

• Observing another person when that person is nude or engaged in sexual activity without the knowledge and consent of the person observed or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved;
• Making, sharing, posting, streaming or otherwise distributing any image, photography, video, or audio recording depicting or otherwise recording another person when that person is nude or engaged in sexual activity without the knowledge and consent of the person depicted or recorded; and
• Exposing another person to a sexually transmitted infection without the knowledge and consent of the person exposed; and
• Causing another person to become incapacitated with the intent of making that person vulnerable to nonconsensual sexual assault or sexual exploitation.

A broad term encompassing four categories of unwelcome behavior of a sexual nature: sexual assault, dating and domestic violence, stalking, and sexual exploitation.

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for their safety or the safety of others or (b) suffer substantial emotional distress.

• Course of conduct means two or more acts, including but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
• Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant.
• Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Non-disciplinary, non-punitive, individualized services offered, as appropriate and reasonably available, without fee or charge, to a complainant or respondent before, during, or after the filing of a Formal Complaint, or where no Formal Complaint has been filed.

See the Supportive Measures and Resources tool for more details.

A form of prohibited conduct in which a person who is subject to an order by a University official knowingly violates any of the conditions of the order.