Title IX Policies
Notes These definitions are pursuant to the Office of Civil Rights’ guidelines.
 A hostile environment exists when there is unwelcome conduct of individuals in the educational or work environment, creating an atmosphere that is intimidating, hostile, abusive, or offensive to the reasonable person. A reasonable person, as defined in tort and criminal law, is a hypothetical person in society who exercises average care, skill, and sober judgment in conduct.
 Quid pro quo is defined as sexual harassment that occurs when employment or academic decisions resulting in a significant change of status are based on an employee’s or student’s submission to, or rejection of, unwelcome verbal or physical sexual conduct.
 An institutional investigation is a separate process from a criminal investigation, which can occur concurrently. An institutional investigation is conducted to determine if a policy has been violated. Information cannot be subpoenaed by the investigator conducting the institutional investigation.
 The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) is the landmark federal law that requires colleges and universities across the United States to disclose information about crime on and around their campuses
 A responsible employee is defined as any Bard administrator, faculty, professional staff member, or peer counselor. Climate surveys, classroom writing assignments, human-subjects research, and events such as Take Back the Night or similar speak-outs do not constitute notice to the Title IX Office.
 For more information about this exam: https://www.rainn.org/get-information/sexual-assault-recovery/rape-kit
 Bard College maintains a relationship with an outside panel of trained investigators, primarily attorneys, who are not employees of the institution, and who are charged with conducting a full and complete investigation.
 “Preponderance of the evidence” means that there is a greater than 50 percent chance, based on all reasonable evidence, that gender-based misconduct occurred, as compared to “beyond a reasonable doubt,” the standard used in criminal cases.