This page contains definitions of several terms related to Title IX.
What is Sexual Harassment?
Unwelcome conduct, determined by a reasonable person, to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Moody’s Education Programs and Activities.
- Quid Pro Quo: Explicit or implied conditioning of Moody's aids, benefits, or services on a person's participation in unwelcome sexual conduct.
- Hostile Environment: Unwelcome conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive or persistent that it limits or denies a person’s ability to participate in or benefit from Moody’s Education Programs or Activities.
What is consent?
Consent is a knowing, voluntary, and mutual decision among all participants to engage in the particular sexual activity at issue. Consent can be given by words or actions, but those words or actions must create clear permission regarding willingness to engage in the sexual activity at issue.
- Sexual contact must be consensual at ALL times. Consent to one sexual activity or consent to prior sexual activity does not grant consent in future sexual activity. Consent can be withdrawn at any time. For example, agreeing to kiss someone does not give that person permission to remove clothes or touch other parts of the body.
- When consent can no longer be given, sexual activity must stop. Consent cannot be legally given by a minor, by someone who is incapacitated by drugs or alcohol, or if someone is physically incapable.
- Silence or lack of resistance does not grant consent. If someone becomes silent, tense or motionless, or is visibly upset during any sexual activity, these may be signs that consent has not been given, regardless of the body's physiological responses.
What is Dating/Domestic Violence?
- Dating Violence: Violence, committed by a person, who is in or has been in a social relationship of a romantic or intimate nature with an individual. The existence of such a relationship shall be determined based on the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition, Dating Violence includes but is not limited to, sexual or physical abuse or the threat of such abuse. Dating Violence does not include acts covered under the definition of Domestic Violence.
- Domestic Violence: Violence, including but not limited to, sexual or physical violence committed by a current or former spouse or intimate partner of an individual, by a person with whom the individual shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the individual as a spouse or intimate partner, or by a person similarly situated to a spouse of the individual under the domestic or family violence laws of the state where the alleged misconduct occurred, or by any other person against an adult or youth individual who is protected from that person’s acts under the applicable domestic or family violence laws of the state where the alleged misconduct occurred.
To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommate.
What is Stalking?
Stalking is engaging in a course of conduct directed at a specific person that causes a reasonable person to fear for their safety, the safety of others, or to suffer substantial emotional distress.
- Stalking Behavior: Two or more acts of the following (but not limited to), done by the person directly, indirectly, or through third parties, by any action, method, device, or means may be evidence of stalking:
- Following
- Monitoring
- Surveilling
- Threatening
- Threatening a person’s physical property
Context Matters
A single isolated incident may not mean much to someone, but if there are behaviors or conduct that involves the following, it could be stalking:
Identifying Stalking Behaviors:
- Surveillance is a person watching, following, or gathering information about the intended individual.
- Keeping track of someone’s online social media activity
- Researching a person
- Watching/waiting in places the person may be
- Intimidation is a person threatening or scaring the intended individual.
- Direct/explicit threats: “I will hurt you.” “You better watch out.”
- Verbal, written, or online threats to hurt, embarrass, or cause harm.
- Using third parties to watch a person.
- Symbolic violence (i.e., slashed tires)
- Blackmail/threats to release intimate or private photos, messages, or information.
- Threats to hurt themselves or the person’s loved ones.
- Forced confrontations (i.e., standing in the hallway when no one is around).
- Life invasion is a person showing up in the intended individual’s life.
- Spreading rumors or misinformation.
- Messaging, texting, emailing, or calling the person.
- Contacting people close to that person’s circle.
- Showing up in public or private places that person may be.
- Leaving notes/gifts for that person.
- Joining groups, activities, or communities that person may be a part of.
- Interference is a person sabotaging, attacking, or changing the intended person’s life.
- Damaging property
- Hacking into the person’s accounts
- Impersonating the person online
- Sabotaging through spreading rumors
- Causing physical injury
Cyberstalking
Cyberstalking is the use of the internet or other technology to harass people online. This can occur through emails, text messages, social media posts, GPS tracking, catfishing, with the intention to be deliberate, persistent, and cause fear, stress, and worry.
Stalking and Social Media
The use of social media has created an opportunity for cyberstalking to become accessible and to occur more frequently.
Signs You’re Being Stalked on Social Media:
- Following the person online by joining the same groups and forums
- Commenting or liking every post the person makes
- Messaging the person repeatedly
- Hijacking into the person’s social media accounts
- Posting fake photos of the person
- Receiving explicit photos online
Tips on Avoiding Stalking on Social Media:
- Keep your profile private through your settings
- Turn off your location while using apps/avoid tagging your location
- Hide your friends list so stalkers avoid duplicating or contacting your friends
- Switch up your usernames for different social media platforms
- Don’t share more information than necessary (i.e., birth dates, relationship status, email, phone number)
- Delete old accounts
- Change your settings to not approve messages from people you do not follow
How is Moody Addressing Stalking Behavior?
Moody takes reports of stalking behavior very seriously. First, it is important to recognize the difference between someone exhibiting stalking behavior and someone navigating through campus as they are going to class, study locations, school events, or hanging out with friends.
However, if you feel someone is displaying stalking behavior toward you, the Title IX Office encourages students and employees to report it immediately.
What is Amnesty?
Moody recognizes that students may drink alcohol, use drugs (whether such use is voluntary or involuntary) or engage in consensual sex—all prohibited by Moody’s policies.
As a result, individuals may be hesitant to report incidents of sexual harassment or sexual violence for fear of potential consequences for their own conduct.
To help alleviate some apprehension associated with this, Moody’s amnesty provision provides that a Complainant, Witness, Respondent, or other individual will not be disciplined under other Moody policies for potential behavior violations that occur out of the same facts and circumstances as a report of prohibited conduct made to the Title IX Office.
However, during the course of an investigation under this policy, conduct violations of other Moody policies that are unrelated to the incident of prohibited conduct may be discovered.
Moody may exercise discretion in determining appropriate punishment, which may include lesser disciplinary actions than those stated in the relevant policy or take no action at all. Any discretionary determination will be considered on a case-by-case basis.
What is Sex Discrimination?
Sex Discrimination is different treatment within the workplace or education setting based upon the individual’s sex. Sex Discrimination includes any intentional differential treatment of a person or persons based on sex or when policies or practices that appear to be neutral unintentionally result in a disparate impact on a group or person based on sex and the differential treatment or disparate impact excludes an individual from participation in; denies the individual benefits of; or otherwise adversely affects a term or condition of an individual’s participation in Moody’s Education Programs or Activities. (A person or persons will not be found to have committed sex discrimination based solely on adhering to the religious and biblical beliefs of Moody as stated and explained in Moody’s doctrinal and positional statements.)