Definitions

The following selected terms are defined in an effort to facilitate a more thorough understanding of these Guidelines and Procedures. This list is not intended to be a complete list of all terms referenced in these Guidelines that might require interpretation or clarification. The Director of Equal Opportunity or designee shall make the final determination on the definition of any term found in these Guidelines.

Advisor of choice is an individual who accompanies and supports the complaining and the responding parties, who may provide support but may not speak on behalf of the person or otherwise participate in or contribute to a meeting, grievance proceeding, or hearing. Advisors may have additional responsibilities where the process is governed by the Sex Discrimination Grievance Procedures. Please see the Sex Discrimination Grievance Procedure, which defines the Advisor’s role related to a formal Title IX Sexual Harassment complaint.

Complaint is defined as an oral or written request that can objectively be understood to be a request to investigate and prepare a decision regarding discrimination, discriminatory harassment, or retaliation. The University may initiate a complaint and the appropriate procedures to investigate a complaint, and/or to meet its affirmative obligations to redress discrimination, discriminatory harassment, or retaliation under Massachusetts General Laws. Note that comments made at “public awareness events” do not constitute complaints.

Complainant is the party who is alleged to have been subjected to conduct that would constitute discrimination, sex-based discrimination, sexual harassment, discriminatory harassment, and/or retaliation as defined within these Guidelines and/or Procedures.

Note: While the University may initiate a complaint, the University does not serve as the complainant in such matters.

Confidential Employee is an employee who, because of his/her their position, may not reveal an individual's identity or other information without permission, even to the Title IX Coordinator(s). The following categories of employees are confidential employees:

  • Licensed sexual assault counselors, psychologists, psychotherapists, social workers, clergy, health care personnel, and attorneys, and those persons working under the supervision of such individuals when acting in their professional role, providing services to a patient or client.
  • University employees bound by statutory privilege obligations under Massachusetts law, such as religious practitioners.
  • University employees who provide administrative, operational, and/or related support for a confidential employee in the performance of such services, such as supporting staff for the roles listed above.
  • Individual(s) on campus designated as confidential by the Director of Equal Opportunity / Title IX Coordinator or designee.

Confidential Resource Provider. Parties may access the services of the Confidential Resource Provider, even if a complaint has not been filed. At UMass Lowell, the Confidential Resource Provider is an employee or other individual designated by the university to provide information on: 

  • reporting options and the effects of each option;
  • counseling services available on and off campus;
  • medical and health services available on and off campus;
  • available supportive measures;
  • disciplinary process of the university; and
  • the legal process carried out through local law enforcement agencies.

Confidential Resource Provider services are available to assist parties in a Sexual Misconduct or Sexual Harassment matter. The Confidential Resource Provider is designated confidential by the University and in accordance with Title IX. Their services are confidential unless otherwise required by state or federal law. If requested by the reporting and/or Respondent of an alleged sexual harassment/sexual misconduct matter, the Confidential Resource Provider may coordinate with other members of the university’s community, as needed, to arrange supportive measures. The Confidential Resource Provider shall notify the parties of their rights and the university’s responsibilities regarding protection orders, no-contact orders, and any other lawful orders issued by the university or a civil, criminal, or tribal court. For additional information regarding supportive measures, individuals can contact the Case Manager and Confidential Resource Provider at (978)934-6800, for Counseling Services, 220 Pawtucket Street, Suite 300, Lowell, MA 01854.

Consent means 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. Consent to one act does not mean consent to another act. Consent may be withdrawn at any time, so long as it is clearly communicated.

Education Program or Activity means all of the operations of a college, university, or other postsecondary institution, or a public system of higher education.

Equal Opportunity Complaint Procedure (“EO Complaint Procedure”) is the procedure that shall be used for addressing allegations of discrimination, [discriminatory] harassment, and retaliation that do not fall under Title IX. This procedure shall only apply where the respondent is not a student. When the student serves as the Respondent, the matter shall be referred to the Office of Student Conduct, and the Conduct Code shall apply as the prevailing procedure.

At the request of the Office of Student Conduct, the Office of Equal Opportunity & Outreach may conduct an investigation under the EO Complaint Procedure into allegations of discrimination, discriminatory harassment, or retaliation where the student is the respondent.

Formal (Written) complaint means a document filed and signed by a complainant or by the Title IX Coordinator alleging sexual harassment against a respondent requesting that UMass Lowell initiate the grievance process. When the Title IX Coordinator executes the complaint to begin the grievance process, the Title IX Coordinator does not become a party.

Gender Expression refers to the external characteristics and behaviors that relate to a perception of gender, including but not limited to dress, mannerisms, speech patterns, social interactions, and body characteristics.

Gender Identity refers to an individual's internal sense of gender, which may be male or female, man or woman, or not conforming to those binary genders. A person's gender identity may be different or the same as the person's sex assigned at birth.

Discriminatory Harassment is conduct against a person or persons based upon their legally protected class that adversely has the effect of:

  • unreasonably interfering with a person or person's employment, educational benefits, academic grades or opportunities, or participation in university programs or activities; or
  • unreasonably interfering with a person or a person's work or academic performance; or
  • creating an intimidating, hostile, or offensive working or academic environment.

Party means Complainant or Respondent. Parties collectively refers to the Complainant and Respondent.

Peer Retaliation means retaliation by a student against another student.

Pregnancy or related conditions means

  • Pregnancy, childbirth, termination of pregnancy, or lactation;
  • Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
  • Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Preponderance of the Evidence is the "more likely than not" standard used to determine whether the Respondent is responsible or not responsible for the allegations. Preponderance of the Evidence is the standard used in both the Equal Opportunity Complaint Procedure and the Sexual Harassment Grievance Procedure for determining if an individual violated these Guidelines and/or the Policy.

Protected Class is groups of individuals afforded legal and university policy protection from discrimination on the basis of sex (including Sexual Misconduct; Sexual Harassment; and pregnancy, childbirth or related medical condition), race, color, age, religion or creed, national or ethnic origin or ancestry, disability status, protected veteran status, gender identity or gender expression, sexual orientation, genetic information, natural or protective hairstyle, participation in a civil rights report or complaint proceeding (for retaliation claims), or any other characteristic protected by law.

Relevant means related to the allegations of sex discrimination under investigation as part of the Sex Discrimination Grievance Procedure. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.

Relevant also means related to the allegations of discrimination, discriminatory harassment and/or retaliation as it relates to the EO Complaint Procedure.

Questions are relevant when they seek evidence that may aid in showing whether discrimination, discriminatory harassment, or retaliation occurred, and evidence is relevant when it may aid a decision maker in determining whether the alleged discrimination, discriminatory harassment, or retaliation occurred.

Remedies means measures provided, as appropriate, to a Complainant or any other person UMass Lowell identified as having had their equal access to UMass Lowell’s Education Program or Activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to UMass Lowell’s Education Program or Activity after UMass Lowell determines that sex discrimination occurred.

Respondent is the individual alleged to have violated these Guidelines and/or the Policy. Respondents are presumed not responsible up to and unless found to be responsible by a preponderance of the evidence.

Retaliation is the interference through intimidation, threats, coercion, or unlawful discrimination, with an individual's right or privilege secured under the law [Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, the Massachusetts anti-discrimination laws, or other laws] to report or make a complaint, testify, assist or participate or refuse to participate in any manner in an investigation or grievance proceeding, or hearing, or to intervene to prevent a violation of the University's policy or these Guidelines.

Sanctions mean consequences imposed on a Respondent following a determination under one of the grievance procedures that the Respondent violated UMass Lowell Guidelines and/or UMass Nondiscrimination and Harassment Policy.

Sexual Harassment (non-Title IX) is conduct on the basis of sex that includes one of more of the following:

  1. Quid pro quo harassment. An employee, agent, or other person authorized by UMass Lowell’s Education Program or Activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;

  2. Hostile Environment Harassment. Unwelcome Sex based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe OR pervasive that it limits or denies a person’s ability to participate in or benefit from UMass Lowell’s education program or activity. Whether a hostile environment has been created is a fact specific inquiry that includes consideration of:
    • a. The degree to which the conduct affected the complainant’s ability to access the education program or activity;
    • b. They type, frequency, and duration of the conduct;
    • c. The parties’ ages, roles, and other factors about each party that may be relevant to evaluating the effects of the conduct;
    • d. The location and context of the conduct; and
    • e. Other sex-based harassment in the education program or activity.

  3. "Sexual assault" as defined in 20 U.S.C. 1092(f)(6)(A)(v), the CLERY Act. Per the Clery Act, the term Sexual Assault means an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

  4. "Dating Violence" as defined in 34 U.S.C. 12291(a) (11), as defined in the Violence Against Women Act (VAWA) Reauthorization of 2022 and the VAWA Amendments to the Clery Act, means any violence committed by a person:
    • a. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
    • b. Where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

  5. "Domestic Violence" as defined in 34 U.S.C. 1229(a)(12). Domestic violence means any felony or misdemeanor crimes committed by a person who:
    • a. Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of Massachusetts, or a person similarly situated to a spouse of the victim;
    • b. Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
    • c. Shared a child in common with the victim; or
    • d. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of Massachusetts.

  6. "Stalking" as defined in 34 U.S.C. 12291(a) (36), as amended. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
    • a. fear for the person’s safety or the safety of others; or
    • b. suffer substantial emotional distress.

Sexual Harassment under the Title IX regulations means conduct on the basis of sex that satisfies one or more of the following:

  1. An employee of the university conditioning the provision of aid, benefit, or service of the university on an individual's participation in unwelcome sexual conduct.
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that effectively denies a person equal access to the university's education program or activity; or
  3. iii. "Sexual assault" as defined in 20 U.S.C. 1092(f)(6)(A)(v), "dating violence" as defined in 34 U.S.C. 12291(a) (10), "domestic violence" as defined in 34 U.S.C. 1229(a)(8), or "stalking" as defined in 34 U.S.C. 12291(a) (30), as amended. The definitions of these terms are listed separately in this section.

Sexual Misconduct is an incident of sexual violence, dating violence, domestic violence, gender based violence, violence based on sexual orientation or gender identity or expression, sexual assault, sexual harassment, or stalking, as these terms are defined by M.G.L. Chapter 6 §§ 168D and 168E, when such conduct is not defined as Sex Discrimination and/or Sexual Harassment under Title IX.

Student means a person who has gained admission to the University.

Student Conduct Code is the document maintained by the Office of Student Rights and Responsibilities that includes the disciplinary procedures that apply to students and shall be used in student matters where the student is the Respondent, and the Complaint does meet Title IX jurisdiction.

Supportive Measures are generally non-punitive, non-disciplinary individualized services offered, as appropriate, to a Complainant or Respondent, regardless of a complaint, investigation, or resolution, intended to provide support or protection. These services are defined further under the Sex Discrimination Grievance Procedure and the Equal Opportunity Complaint Procedure.

Unlawful Discrimination is behavior that is directed at a specific person or persons that subjects them to treatment that adversely affects their employment, application for employment, education, admissions, university benefits, programs, or activities, because of their religion or religious belief, color, race, marital status, veteran or military status, age, sex (including sexual harassment), gender identity or expression, sexual orientation, national origin, ethnicity, disability, genetic information, pregnancy or related condition, natural or protective hairstyle, or any other legally protected class. National origin protections include nondiscrimination on the basis of language.