Title IX Definitions
- For more information please see:
- Affirmative Consent:Consensual sexual activity requires an ongoing, Affirmative Consent, for the act in which the participants are involved. More specifically, Affirmative Consent means an expressed, affirmative, conscious, mutual, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that each person has the Affirmative Consent of the other, or others, to engage the sexual activity.
Lack of protest or resistance, does not mean Affirmative Consent, nor does silence mean consent. There is no Affirmative Consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used to obtain Affirmative Consent. Affirmative Consent must be ongoing throughout a sexual activity, and can be revoked at any time.
The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never, by itself, be assumed to be an indicator of Affirmative Consent.
If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no Affirmative Consent; this includes impairment or incapacitation due to alcohol or drug consumption, or being asleep or unconscious. A person with a medical or mental disability may also lack the capacity to give Affirmative Consent.
Sexual activity with a minor (under 18 years old) is never consensual because a minor is considered incapable of giving legal consent due to age. (Ref. Cal Ed Code § 67386)
Any person who files a complaint or any person who is reported to have experienced a violation of a board policy in cases where some other person has made a report on that person’s behalf. Board policies are: BP 3410, 3430, 3540, 5500, 7700.
Information regarding the complaint may be shared on a “need to know” basis with other College employees, and with law enforcement, except for some limited exceptions.
- Domestic Violence: Domestic Violence is defined as intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another; or a felony or misdemeanor crime of 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 the jurisdiction in which the crime of violence occurred.
(Ref. 34 C.F.R.§ 668.46 & 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))
Any hostile or offensive conduct based on gender, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, military status, or veteran status of any person can constitute prohibited harassment. (Ref. BP/AP 3430)
- Environmental Harassment: A hostile academic or work environment exists where it is permeated by sexual innuendo; insults or abusive comments directed at an individual or group based on gender, race, nationality, sexual orientation, disability, or other protected status; or gratuitous comments regarding gender, race, sexual orientation, disability, or other protected status that are not relevant to the subject matter of the class or activities on the job.
- Physical Harassment:Inappropriate or offensive touching, assault, or physical interference with free movement. This may include, but is not limited to, kissing, patting, lingering, or intimate touches; grabbing, pinching, leering, staring, unnecessarily brushing against; or blocking another person; or whistling or sexual gestures.
- Verbal Harassment: Inappropriate or offensive remarks, slurs, jokes, or innuendoes based on a person’s race, gender, sexual orientation, or other protected status. This may include, but is not limited to, inappropriate comments regarding an individual's body, physical appearance, attire, marital status, or sexual orientation; unwelcome flirting or propositions; demands for sexual favors; verbal abuse, threats, or intimidation; or sexist, patronizing, or ridiculing statements that convey derogatory attitudes based on gender, race, nationality, sexual orientation, disability, or other protected status.
- Visual/Written Harassment: The display or circulation of visual or written material that degrades an individual or group based on gender, race, nationality, sexual orientation, disability, or other protected status. This may include, but is not limited to, posters, cartoons, drawings, graffiti, reading materials, computer graphics, or electronic media transmissions.
- Environmental Harassment:
- 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)
- Respondent: An Employee, Student, or Third Party who is alleged to have violated a board policy: BP 3410, 3430, 3540, 5500, 7700.
- Responsible Employee:
Any employee who has the authority to take action to redress sexual misconduct, dating violence, domestic violence, or stalking; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee; or whom an individual could reasonably believe has this authority or duty. (Ref. 2001 Revised Sexual Harassment Guidance, OCR)
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)
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))
- Sexual Assault:
Defined as actual or attempted sexual contact with another person without that person's consent, regardless of the victim's affiliation with the community college, including, but not limited to, any of the following:
- Intentional touching of another person's intimate parts without that person's consent or other intentional sexual contact with another person without that person's consent.
- Coercing, forcing, or attempting to coerce or force a person to touch another person's intimate parts without that person's consent.
- Rape, which includes penetration, no matter how slight, without the person's consent,
of either of the following:
- The vagina or anus of a person by any body part of another person or by an object.
- The mouth of a person by a sex organ of another person.
(Ref. Cal. Ed. Code 76033 & Cal. Penal Code §240)
- Sexual Exploitation:
Defined as a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, regardless of the victim’s affiliation with the College, including, but not limited to, any of the following:
- Prostituting another person.
- Recording images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent.
- Distributing images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure and objected to the disclosure.
- Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire.
(Ref. Cal. Ed. Code 76033)
- Sexual Harassment:
Unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature when:
- submission to the conduct is made a term or condition of an individual's employment, academic status, or progress, internship, or volunteer activity;
- submission to, or rejection of, the conduct by the individual is used as a basis of employment or academic decisions affecting the individual;
- the conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment; or
- submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding working conditions, employment or enrollment status, benefits and services, or activities available at or through the community college.
(Ref. BP/AP 3430)
- “Quid pro quo”:A type of sexual harassment that occurs when a person in a position of authority makes educational or employment benefits conditional upon an individual's willingness to engage in or tolerate unwanted sexual conduct.
- Hostile Environment: A type of sexual harassment occurs when unwelcome conduct, based sex/gender, gender identity, gender expression, or sexual orientation, is sufficiently severe or pervasive so as to unreasonably interfere with an individual's academic or work performance; or create an intimidating, hostile, or offensive learning or working environment. The victim must subjectively perceive the environment as hostile, and the harassment must be such that a reasonable person would perceive the environment as hostile.
- “Quid pro quo”:
- Sexual Orientation:
One’s preference in sexual partners and includes heterosexuality, homosexuality, or bisexuality. (Ref. Cal. Gov. Code § 12926(s))
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 & See Cal. Penal Code § 646.9)
- Affirmative Consent: