The following terms are used throughout and for the purposes of this Policy are defined below. 

Complainant: The Complainant is the individual who has alleged subjection to conduct that could constitute discrimination, harassment, sexual harassment, other prohibited behavior under this Policy.

Consent: Consent is the act of freely, actively, and willingly agreeing to engage in sexual behavior. Consent may be asked for and given verbally or through non-verbal communication or actions. Consent can be withdrawn at any time by communicating words or actions to the other person. Consenting to one sexual act does not imply consent to another sexual act. Whether someone has given consent is based on the totality of the circumstances and is determined by reference to a reasonable person in the same or similar circumstances. Consent cannot be inferred from silence, passivity, or a lack of resistance. Consent cannot be inferred from a current or previous dating or sexual relationship. A person is considered to be incapable of giving consent if they are asleep, unconscious, otherwise unable to communicate, incapacitated due to alcohol and/or drugs, a minor who is under the age of 16, or mentally handicapped.        

Employee: An employee of Kalamazoo College includes persons employed full-time, part-time, regular, short-term, and temporary. 

Incapacitated: A person is considered incapacitated if the person cannot understand the sexual nature of the proposed act, cannot understand that they have the right to refuse to participate in the act, or are otherwise unaware that the sexual activity is occurring. For example, a person is incapacitated if, because of the effects of alcohol, narcotics, drugs, or other substances, the person cannot understand the sexual nature of the proposed act or cannot understand that they have the right to refuse to participate in the act, and the Respondent knows or should know (based on a reasonable person standard) that the other person does not have the capacity to consent.

Prohibited Conduct: Prohibited conduct is defined in Section VIII.

Respondent: The Respondent is the person whose alleged conduct could constitute discrimination, harassment, sexual harassment, or other prohibited behavior under this Policy.

Student: The term “student” includes persons enrolled in courses at Kalamazoo College, either full-time or part-time; persons participating in College sponsored programs and/or activities such as study abroad or domestic exchange programs; and persons previously enrolled in courses at the College but who are on leaves of absences or have been placed on administrative withdrawals.