Conduct on the basis of sex that satisfies one or more of the following:
- Quid Pro Quo Sexual Harassment: When an employee of the District conditions the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct;
- Hostile Environment Sexual Harassment: Unwelcome conduct determined by a reasonable person in the shoes of the Complainant to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s program or activity; and/or
- Sexual assault, dating violence, domestic violence, or stalking as defined below.
A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim if incapable of giving consent.
- Rape (except Statutory Rape) is the carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. There is carnal knowledge if there is the slightest penetration of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
- Sodomy is 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 their age or because of their temporary or permanent mental or physical incapacity.
- Sexual Assault with an Object is 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 their age or because of 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 is defined as the touching of the private parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
- Sex Offenses, Non-Forcible Unlawful, Non-Forcible Sexual Intercourse
- Incest is defined as non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape is defined as non-forcible sexual intercourse with a person who is under the statutory age of consent.
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. 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.
Domestic violence includes violence committed by:
- a current or former spouse or intimate partner of the victim;
- a person with whom the victim shares a child in common;
- a person who is cohabitating with or has cohabitated with the victim as a spouse;
- a person similarly situated to a spouse of the victim under California law; or
- any other person against an adult or youth victim who is protected from that person’s acts under California law.
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress.
Retaliation is prohibited against any individual for exercising any rights under the Interim Title IX Process, or against any individual who has participated or refused to participate in any manner in a Title IX report, investigation, proceeding or hearing. Retaliatory acts may include:
- discrimination, or
- charges for code of conduct violations that arise out of the same facts or circumstances as the report or complaint of sex discrimination are specifically prohibited by the District.
“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 concesnt of the other or others to engage in the sexual activity. Lack of protest, lack of resistance, or silence does not indicate consent. Affirmative consent must be ongoing throughout a sexual activity and one can revoke their 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. In California, a minor (meaning a person under the age of 18) cannot consent to sexual activity.” (AR 3433)
The Clery Act requires greater transparency and timely warnings from colleges and universities about crimes that are committed on campus, including crimes of sexual violence.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, or the Clery Act, requires public and private colleges and universities to disclose information about certain crimes that occur on or near campus. The Act applies to all colleges and universities that receive any federal funding, including student financial aid.
Under the Clery Act, institutions are required to disclose information about certain crimes. It is enforced by the United States Department of Education, and institutions that do not comply could face a fine in excess of $30,000. The list of crimes that must be transparently reported has expanded through reauthorizations and amendments, like the Campus SaVE Act. The list includes stalking, intimidation, dating violence, domestic violence, sexual assault and hate crimes that happen on and around campuses.
Under the Clery Act, the Annual Security Report (ASR), which is submitted once a year, must document three years worth of specific crime statistics. The report must also include procedures and information pertaining to basic crime victims’ rights. Certain policies must also be clearly explained, including education awareness programs for students and employees and a summary of emergency response systems and procedures. Institutions must make the ASR available to all current and prospective students and institutional employees. A copy of the ASR can often be found on the institution's website. (RAINN)