Appendix A: Case Type Definitions

Prohibited Conduct (PC)

Sexual Assault

Complainant, Respondent, Reporter

The following forcible and nonforcible sex offenses: (a) Forcible Rape, (b) Forcible Sodomy, (c) Sexual Assault with an Object, (d) Forcible Fondling, (e) Incest, (f) Statutory Rape

Non-Consensual Sexual Contact and Non-Consensual Sexual Intercourse

Complainant, Respondent, Reporter

Non-Consensual Sexual Contact is: (i) Any intentional (not incidental or accidental), (ii) Sexual touching, (iii) However slight, (iv) With any object or body part (as described below) (v) Performed by a person upon another such person, without Affirmative Consent. Non-Consensual Sexual Contact includes (a) intentional touching of the breasts, buttocks, groin, or genitals, whether clothed or unclothed, or intentionally touching another with any of these body parts; and (b) making another touch you or themselves with or on any of these body parts. Non-Consensual Sexual Intercourse is: (i) Any penetration, (ii) However slight, (iii) With any object or body part (as described below), (iv) Performed by a person upon another person, (iv) Without Affirmative Consent. Non-Consensual Sexual Intercourse includes (a) vaginal penetration by a penis, object, tongue, or finger; (b) anal penetration by a penis, object, tongue, or finger; and (c) any contact, no matter how slight, between the mouth of one person and the genitalia of another person.

Sexual Harassment

Complainant, Respondent, Reporter

Unwelcome conduct on the basis of sex that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University's education programs or activities. Such conduct includes unwelcome conduct of a sexual nature and may include unwelcome conduct based on sex or sex stereotyping.

Sexual and/or Gender-Based Hostile Environment Harassment

Complainant, Respondent, Reporter

Sexual or Gender-Based Hostile Environment Harassment that is not covered under the Definition of Title IX Sexual Harassment exists when conduct on the basis of sex, sexual orientation, gender identity or expression, or pregnancy is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from the University's programs and/or activities. Conduct must be deemed severe, persistent, or pervasive from both a subjective and objective perspective.

Quid Pro Quo Harassment (Employee-Student)

Complainant, Respondent, Reporter

Quid Pro Quo (i.e., this for that) Harassment (Employee-Student) is conduct where an Employee of the University conditions the provision of an aid, benefit, or service on a student's participating in unwelcome sexual conduct.

Quid Pro Quo Harassment

Complainant, Respondent, Reporter

Conduct where an Employee or Student of the University conditions the provision of an aid, benefit, or service on an individual's participating in unwelcome sexual conduct.

(Title IX ) Stalking

Complainant, Respondent, Reporter

Conduct on the basis of sex defined as engaging in a course of conduct directed at a specific person (e.g., the Complainant) that would cause a reasonable person to (A) fear for their safety or the safety of others or (B) suffer substantial emotional distress.

(Sexual or Gender-Based Prohibited Conduct) Stalking

Complainant, Respondent, Reporter

When a person engages in a course of conduct directed at a specific person, on the basis of sex that is not covered under the Definition of Title IX Stalking, under circumstances that would cause a reasonable person to fear bodily injury or to experience substantial emotional distress.

Dating Violence

Complainant, Respondent, Reporter

Conduct defined as violence on the basis of sex committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors (1) length of relationship, (2) type of relationship, and (3) frequency of interaction between the persons involved in the relationship.

Domestic Violence

Complainant, Respondent, Reporter

Violence on the basis of sex committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or who has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Virginia, or by any other person against an adult or youth Complainant who is protected from that person's acts under the domestic or family violence laws of Virginia.

Intimate Partner Violence

Complainant, Respondent, Reporter

Any act of violence or threatened act of violence that occurs between individuals who are involved or have been involved in a sexual, dating, spousal, domestic, or other intimate relationship. Intimate Partner Violence includes dating violence and domestic violence, as defined by VAWA.

Sexual Exploitation

Complainant, Respondent, Reporter

Taking non-consensual or abusive sexual advantage of another for one's own benefit or for the benefit of anyone other than the person being exploited, when that conduct does not otherwise constitute Prohibited Conduct under this Policy. Examples of Sexual Exploitation include, but are not limited to: Causing the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person's ability to give Affirmative Consent to sexual activity; Allowing third parties to observe private sexual activity from a hidden location (e.g., closet) or through electronic means (e.g., Skype or livestreaming of images); Engaging in voyeurism (e.g., watching private sexual activity without the consent of the participants or viewing another person's intimate parts (including genitalia, groin, breasts or buttocks) in a place where that person would have a reasonable expectation of privacy); Recording or photographing private sexual activity and/or a person's intimate parts (including genitalia, groin, breasts or buttocks) without consent; Disseminating or posting images of private sexual activity and/or a person's intimate parts (including genitalia, groin, breasts or buttocks) without consent; Prostituting another person; or Exposing another person to a sexually transmitted infection or virus without the other's knowledge.

Retaliation

Complainant, Respondent, Reporter

Any adverse action, or any action likely to deter a reasonable person from engaging in future protected activity, taken against a person for making a good faith report of Prohibited Conduct, participating in any proceeding under this policy, and/or acting in good faith to oppose conduct that constitutes a violation of this policy.

Complicity

Complainant, Respondent, Reporter

Any act taken with the purpose of aiding, facilitating, promoting or encouraging the commission of an act of Prohibited Conduct by another person.

Hazing

Participant (Committing) Subject (Committed against)

Any action taken or situation created by a member or members of a student organization toward one or more organization members or prospective members in connection with initiation, admission, affiliation, or ongoing membership in the organization when the action or situation (A) occurs on University-owned or leased property or at University-sponsored or supervised functions or at the local residence of any University student, faculty member, or employee, and (B) is designed to produce or does produce mental or physical harassment, humiliation, fatigue, degradation, ridicule, shock, or injury

General Conduct (Non-PC)

Disorderly Conduct

Participant

Disruptive or disorderly conduct including but not limited to acts that breach the peace, are lewd, indecent, or obscene, and that are not Constitutionally protected speech.

Disruption/Obstruction of Activities

Participant

Intentional disruption or obstruction of teaching, research, administration, disciplinary procedures, other University activities, or activities authorized to take place on University property.

Property Damage

Participant damaged, Subject had his/her property damaged

Damage to property not owned by that student

Trespassing/Unauthorized Entry

Participant

Unauthorized entry into or occupation of facilities which are locked, closed to student activities or otherwise restricted as to use.

Failure to Comply

Participant

Failure to comply with directions of University officials, including failure to give identity when instructed.

Misuse of Facilities

Participant

Irresponsible or inappropriate use of University-owned, leased, or operated facilities

ID Misuse

Participant

Alteration, fabrication, misuse of, or obtaining unauthorized access to University identification cards

Technology Misuse

Participant

Irresponsible or inappropriate use of University-owned, leased, or operated technology or computing and communications facilities

Theft

Participant (Committing) Subject (Committed against)

The taking or attempting to take anything of value from the care, custody, or control of another person or persons without force, threat of violence, or entry of a structure (Not otherwise categorized as Robbery or Burglary)

Robbery

Participant (Committing) Subject (Committed against)

The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Burglary

Participant (Committing) Subject (Committed against)

The unlawful entry of a structure to commit a felony or a theft.

Motor Vehicle Theft

Participant (Committing) Subject (Committed against)

The theft or attempted theft of a motor vehicle.

Homicide

Participant (Committing) Subject (Committed against)

The killing of another person through gross negligence or the willful (non- negligent) killing of one human being by another.

Arson

Participant (Committing) Subject (Committed against)

Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

Illegal Weapons Possession

Participant

The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.

Aggravated Assault

Participant (Committing) Subject (Committed against)

May also be Participant/Participant An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

Interpersonal Conflict (Non-PC)

Physical Assault

Participant (Committing) Subject (Committed against)

Harassing/Threatening Behavior

Participant (Committing) Subject (Committed against)

Any written, verbal, or physical harassment and/or threats (whether implied or explicit) by a student or students against another individual or group which is not otherwise captured as a form of Assault or Prohibited Conduct under the Title IX Policy

Roommate Conflict

Both parties are Participant

Any disagreement or non-physical conflict between two or more students living in the same room, suite, apartment, or house (either on-Grounds or off-Grounds)

General Interpersonal Conflict

Both parties are Participant

Any disagreement or non-physical conflict between two or more students which is not otherwise captured as Roommate Conflict, Harassing/Threatening Behavior, or any form of Prohibited Conduct under the Title IX Policy

Personal Challenge (Non-PC)

Family Concern

Subject

Any concern or event involving a student's family member(s), which might impact the health, safety, or wellbeing of that student

Adjustment Concern

Subject

Any concern that a student is expressing or exhibiting difficulty adjusting to the academic, social, interpersonal, and/or physical university environment

Financial Concern

Subject

Any concern that a student is experiencing significant financial strain which does or may result in difficulty paying for basic or necessary costs

Academic Concern

Subject

Any concern that a student is expressing or exhibiting academic difficulty

Unusual/Concerning Behavior

Subject

Any concern about a student that is general or unidentified, typically marked by unusual or out-of-character behavior exhibited by student

Illness/Injury

Subject

Any temporary or permanent illness or injury which might impact a student's health, wellbeing, and/or University life

Mental Health (Non-PC)

Suicidal Ideation

Subject

Any concern that is general/unidentified, e.g. typically unusual or out-of-character behavior exhibited by a student

Suicide Attempt

Subject

Engaging in any acts explicitly intended to end one's own life, which do not result in completed suicide

Self-Mutilation

Subject

Engaging in any intentional physical self-harm which is not explicitly intended to end one's own life

Disclosed Disordered Eating

Subject

Voluntary disclosure of diagnosed or undiagnosed disordered eating

Disclosed Mental Health Concern

Subject

Voluntary disclosure of a diagnosed or undiagnosed mental health condition or concern

Disclosed Substance Use Concern

Subject

Voluntary disclosure of a diagnosed substance use disorder or undiagnosed substance use concern

Alcohol/Substance (Non-PC)

UAP Arrest

Participant

Student arrested for/charged with Underage Possession of Alcohol (or applicable equivalent charge)

UAP Referral

Participant

Student found in possession of alcohol while underage (by police or other University official) but not charged or arrested

DIP Arrest

Participant

Student arrested for/charged with being Drunk in Public (or applicable equivalent charge)

DIP Referral

Participant

Student approached (by police or other University official) for being drunk in public but not charged or arrested

DUI Arrest

Participant

Student arrested for/charged with Driving Under the Influence (or applicable equivalent charge)

Fake ID - Arrest

Participant

Student arrested for/charged with Possession of False Identification (or applicable equivalent charge)

Fake ID - Referral

Participant

Student found in possession of false identification (by police or other University official) but not charged or arrested

Drug Possession - Arrest

Participant

Student arrested for/charged with Possession of a Controlled Substance (or applicable equivalent charge)

Drug Possession - Referral

Participant

Student found in possession of a controlled substance (by police or other University official) but not charged or arrested

Drug Distribution - Arrest

Participant

Student arrested for/charged with Possession of a Controlled Substance with the Intent to Distribute (or applicable equivalent charge)

Alcohol Illness - Transport

Participant

Student transported to a hospital/medical care provider due to alcohol consumption

Alcohol Illness - No Transport

Participant

Student ill due to alcohol consumption but not transported to a hospital/medical care provider

Other (Non-PC)

Student Death

Subject

Student has passed away

Honor Committee Charge

Participant

Student has been formally reported for allegedly having committed an Honor Offense (Lying, Cheating, and/or Stealing) and has been notified by the Committee that an Honor Investigation/Process has been initiated

Missing Student

Subject

Student considered missing based on ODOS Missing Student Protocol

Protest/Demonstration

Participant

Individuals participated in a protest or demonstration on Grounds

Disruption of Free Speech

Subject had speech disrupted, Participant disrupted speech

Individuals report that their right to free speech has been impeded or disrupted by others, in potential violation of University policy

Other

(Varies)

Any incident or concern not accurately captured as one or more of the case types described above

Potential Case

Potential Hazing

(Varies)

Case may implicate University's policy regarding Hazing

Potential PC

(Varies)

Case may implicate University's policy regarding Sexual & Gender-Based Harassment and Other Forms of Interpersonal Violence

Potential NonPC

(Varies)

Case may involve one or more forms of general student conduct

Potential PADHR

(Varies)

Case may implicate University's police regarding Preventing and Addressing Discrimination and Harassment (and Retaliation)

Potential HR Academic

(Varies)

Case may implicate University Employee Relations policies or expectations regarding Academic Employees

Potential HR Medical

(Varies)

Case may implicate University Employee Relations policies or expectations regarding Medical Center Employees

Potential TAT

(Varies)

Case may involve one or more behaviors or factors reviewed and monitored by University Threat Assessment Team