46 NSU STUDENT HANDBOOK 2022-23 SOUTH DAKOTA BOARD OF REGENTS POLICY 1:17 SUBJECT: Sexual Harassment PURPOSE To establish policy prohibiting sexual harassment, the process for investigating and determining when sexual harassment has occurred, and the appeal process available when a violation is found. DEFINITIONS 1. Actual knowledge: Notice of sexual harassment or allegations of sexual harassment to a Title IX Coordinator, any employee of the institution who has authority to institute corrective measures on behalf of the institution or any employee at the Special Schools. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only employee of the institution with actual knowledge is the respondent. 2. Complainant: An individual who is alleged to be the victim of conduct that could constitute sexual harassment. 3. Consent: As set forth in BOR Policy 1:17:1(3)E. 4. Day: Calendar days. 5. Education program or activity: Any locations, events, or circumstances taking place in the United States where the institution exercised substantial control over both the respondent and the context in which the alleged violation occurs—including locations that correspond to land, buildings, facilities, and other property in the possession of, or owned, used, or controlled by, the institution, and adjacent streets and sidewalks. For purposes of this policy, the term also includes any building owned or controlled by a student organization that is officially recognized by the institution. 6. Formal complaint: A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against and respondent and requesting that the institution investigate the allegation of sexual harassment. 7. Institution: Black Hills State University, Dakota State University, Northern State University, South Dakota School of Mines and Technology, South Dakota State University, University of South Dakota, South Dakota School for the Deaf and South Dakota School for the Blind and Visually Impaired. 8. Respondent: An individual that has been reported to be the perpetrator of conduct that could constitute a violation of this policy. 9. Sexual harassment: Conduct on the basis of sex that satisfies one or more of the following: 9.1. An employee of an institutional conditioning the provision of education benefits on participation in unwelcome sexual conduct (i.e., quid pro quo); or 9.2. Unwelcomeconductthatareasonablepersonwoulddetermineissosevere,pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity; or 9.3. Sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA), the definitions of which are set forth in BOR Policy 1:17.1. 10. Special Schools: South Dakota School for the Deaf and South Dakota School for the Blind and Visually Impaired.
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