III. Definitions

  1. The term "the university" means the University of Alabama at Birmingham.
  2. The term "student" means any person admitted to the University of Alabama at Birmingham, whether full-time or part-time, pursuing undergraduate, graduate, or professional studies, and who is either currently enrolled or was enrolled the previous semester and registered for a future semester.
  3. The term "student groups or student organization" means any number of students who have complied with formal requirements for University of Alabama at Birmingham recognition as a student organization.
  4. The term "Complainant" means any person who submits a complaint/report alleging that a student violated this Non-Academic Student Conduct Policy. When a student believes that s/he has been the victim of another student's misconduct the student will have the same rights under this Non-Academic Student Conduct Policy as are provided to the Respondent student.
  5. The term "Respondent" means any student accused of violating this Non-Academic Student Conduct Policy.
  6. The term "non-academic conduct committee" means any person or persons authorized by the university to determine whether a student has violated the Non-Academic Student Code of Conduct and to recommend imposition of sanctions.
  7. The term "faculty member" means any person who is employed by the university for the purpose who holds academic rank or performs teaching or research duties.
  8. The term "staff member" means any person employed by the university who is not considered faculty.
  9. The term "university sponsored activity" means any activity on or off campus, which is initiated, aided, funded, authorized, or supervised by the university.
  10. The Assistant Vice President for Student Life (AVPSL) is that person who considers appeals by students from findings of Administrative Hearings and the findings of the Non-Academic Conduct Committee Hearings. The AVPSL also serves as the Title IX Coordinator for the university.
  11. The Director of Student Engagement is that person designated by the University of Alabama at Birmingham to be responsible for the administration of the Non-Academic Student Conduct Policy. The Director of Student Engagement serves as the Title IX Investigator for the university.
  12. The “Non-Academic Conduct Hearing Officer” is the person designated by the Office of Student Engagement to be responsible for administering the non-academic conduct process for student(s) or student organizations that have allegedly violated established standards of conduct while in the general university environment.
  13. The term "policy" is defined as the written regulations of the University of Alabama at Birmingham as found in, but not limited to, the Non-Academic Student Code of Conduct, residence hall living guides, and appropriate sections of the University Policy Manual and university catalogues.
14.  The term “consent” is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Note, in order to give effective consent, one must be of legal age.  

  1. The term "will" is used in the imperative sense.
  2. The term "may" is used in the permissive sense.
  3. The term "HOLD" is defined as a hold on a student's registration.
  4. The term “sexual misconduct offenses” include, but are not limited to: sexual harassment, non-consensual sexual contact (or attempts to commit same), non-consensual sexual intercourse (or attempts to commit same) and sexual exploitation.
  5. The term “force” is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.
  6. The term “coercion” is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
  7. The term “incapacitation” is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what when, where, why or how” of their sexual interaction). Sexual activity with someone who one know to be, or based on the circumstances should reasonably have known to be, mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy. This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student is a violation of this policy.