Title IX Definitions

Affirmative Consent:

Consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. Both parties must give affirmative consent to sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other or others to engage in the sexual activity. Lack of protest, lack of resistance, or silence do not indicate consent. Affirmative consent must be ongoing throughout a sexual activity and one can revoke consent at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, is not an indicator of consent. Adult sexual activity with a minor is never consensual because a minor is considered incapable of giving legal consent due to age.

The Respondent’s belief that the Complainant consented will not provide a valid defense unless the belief was actual and reasonable, based on the facts and circumstances the Respondent knew, or reasonably should have known, at the time of the incident. A Respondent’s belief is not a valid defense where:

The Respondent’s belief arose from the Respondent’s own intoxication or recklessness;
The Respondent did not take reasonable steps to ascertain whether the Complainant affirmatively consented; OR
The Respondent knew or a reasonable person should have known that the Complainant was unable to consent because the Complainant was incapacitated, in that the Complainant was:
- asleep or unconscious
- unable to understand the fact, nature, or extent of the sexual activity due to the influence of drugs, alcohol, or medication; OR
- unable to communicate due to a mental or physical condition.

(Ref. Cal Ed Code § 67386)

Complainant:

An individual who alleges they are the victim of conduct that could constitute sexual harassment.

Confidentiality:

To protect the privacy of those involved, the parties and advisors are required to sign a confidentiality agreement that restricts dissemination of any of the evidence subject to inspection and review or use of such evidence for any purpose unrelated to the Title IX grievance process. The confidentiality agreement will not in any way restrict the ability of either party to discuss the allegations under investigation.

The College’s Title IX grievance procedure does not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek, disclosure of information protected under a legally recognized privilege (e.g., attorney-client privilege, doctor-patient privilege, spousal privilege), unless the person holding such privilege provides voluntary, written consent to waive the privilege.

Hearings shall be closed to the public and confidential.

Dating Violence:

Dating Violence is defined as violence, including but not limited to, sexual or physical abuse or the threat of such abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim is dating violence. 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
the frequency of interaction between the persons involved in the relationship

(Ref. 34 C.F.R.§ 668.46; 34 CFR 106.30(a); & 34 U.S.C. 12291(a)(10))

Domestic Violence:

Domestic Violence is defined as violence committed:

by a current or former spouse or intimate partner of the victim;
by a person with whom the victim shares a child in common;
by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of California.

(Ref. 34 C.F.R.§ 668.46; 34 CFR 106.30(a); & Cal. Penal Code § 13700)

Gender Expression:

Inclusive of Gender Identity, meaning a person's gender - related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.

(Ref. Cal. Govt. Code § 12926(r))

Gender Identity:

Each person's internal understanding of their gender, or the perception of a person's gender identity, which may include male, female, a combination of male or female, neither male nor female, a gender different from the person's sex assigned at birth, or transgender. (Ref. 2 Cal. Code of Regs § 11030 (b))

Respondent:

An individual reported to be the perpetrator of conduct that could constitute sexual harassment.

Responsibility to Report (Officials with Authority):

All College employees, except employees who do not have a duty to report under AP 3540, are required to report allegations of sexual harassment to the Title IX Coordinator promptly. Reports of sexual harassment must include the following information: the name of the Respondent, the Complainant, any other witnesses, and the date, time, and location of the alleged incident, if known. (Ref. AP 3434)

Retaliation:

An adverse action taken by an individual against another individual who opposes, reports, or assists someone in reporting discrimination, or otherwise participates in an investigation. An adverse action is a course or pattern of conduct that, taken as a whole, materially and substantially affects a Complainants participation in College programs and activities. Minor or trivial actions or conduct that is not reasonably likely to do more than anger or upset a Complainant cannot constitute an adverse action. (Ref. BP/AP 7700)

Sex/Gender:

Defined as sex, and includes but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. Sex also includes, but is not limited to, pregnancy, childbirth, breastfeeding, or any related medical condition(s). (Ref. Cal. Govt. Code § 12926(r))

Sex Stereotype

An assumption about a person's appearance or behavior, gender role, gender expression, gender identity, or about an individual's ability or inability to perform certain kinds of work based on a myth, social expectation, or generalization about the individual's sex. (Ref. 2 Cal. Code of Regs § 11030 (e))

Sexual Assault:

Sexual assault under Title IX, includes the following:

Sex Offenses: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
Rape (except Statutory Rape): The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity. There is carnal knowledge if there is the slightest penetration of the genital or anal opening of the body of another person.
Sodomy: Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.
Sexual Assault with an Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity. An "object" or "instrument" is anything the offender uses other than the offender's genitalia, e.g., a finger, bottle, handgun, stick.
Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.
Sex Offenses, Non-Forcible Unlawful, Non-Forcible Sexual Intercourse:
- Incest. Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape – Non-Forcible. Sexual intercourse with a person who is under the statutory age of consent. There is no force or coercion used in Statutory Rape; the act is not an attack.

(Ref. 34 CFR 106.30(a); 20 U.S.C. 1092(f)(6)(A)(v))

Sexual Harassment under Title IX:

Unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature when:

A College employee conditions the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (quid pro quo 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 the College’s education program or activity;
Sexual assault, dating violence, domestic violence, or stalking

(Ref. 34 CFR 106.30(a))

The definition for sexual harassment under other Mt. SAC policies and procedures can be found at: http://mtsac.edu/hr/title5/definitions

Sexual Orientation:

One’s preference in sexual partners and includes heterosexuality, homosexuality, or bisexuality. (Ref. Cal. Gov. Code § 12926(s))

Stalking:

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the safety of self or others’ safety or to suffer substantial emotional distress. For purposes of this definition:

Course of Conduct means two or more acts, including but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property;
Reasonable Person means a reasonable person under similar circumstances and with the same Protected Category as the Complainant;
Substantial Emotional Distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.

(Ref. 34 C.F.R.§ 668.46; 34 CFR 106.30(a); 34 U.S.C. 12291(a)(30) & Cal. Penal Code § 646.9)

Supportive Measures:

The College will provide the Complainant and Respondent with supportive measures as appropriate and as reasonably available to restore or preserve equal access to the College’s education program or activity, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment. Supportive measures are non-disciplinary, non-punitive, individualized services offered free of charge to the Complainant or the Respondent regardless of whether a formal complaint has been filed. The College will provide supportive measures on a confidential basis and will only make disclosures to those with a need to know to enable the College to provide the service. Supportive measures may include, but are not limited to: counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.