The following examples of Sexual Misconduct are intended to guide students with regard to what types of behavior may result in disciplinary action under this Policy.
The list below is not exhaustive and the College reserves its right to institute disciplinary procedures for Sexual Misconduct that does not necessarily fall within the specific definitions below.
Bullying (sex or gender-based)
Non-constitutionally protected speech or conduct that involves repeated sex- or gender-based severe, aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally.
Abuse committed against an adult or a minor with whom the suspect is having or has had a dating or engagement relationship. It is the same as Domestic Violence (Cal. Penal Code § 13700), but involves violence that occurs within a “dating relationship” which means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations (Cal. Family Code § 6210). When used in this Policy, Dating Violence will be included within the term Domestic Violence.
Abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child, or is having or has had a dating or engagement relationship. For purposes of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship (Cal. Penal Code §13700).
Because the College takes each report seriously, it will not tolerate the filing of false reports. It is a violation of College policy and the Code of Student Rights and Responsibilities to file a false report with malicious intent. It may also violate criminal statues and constitute civil defamation.
Harm to Others (sex or gender-based): Words or conduct made on the basis of sex or gender that threaten or endanger the health and safety of any person, including physical or verbal abuse, threats, intimidation, and/or harassment.
Hazing (sex or gender-based)
An act committed on the basis of sex or gender that is likely to endanger the mental or physical health or safety of a student or cause social ostracism to any person within the College community for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. The express or implied consent of the Alleged Victim will not be a defense. Apathy or acquiescence in the presence of Hazing are not neutral acts; if the mere presence of a person during an act of Hazing is determined to be encouraging or a contributing factor to the conduct that constitutes Hazing, the person may still be found responsible for Hazing.
Non-Consensual Sexual Contact (or attempts to commit same)
Having sexual contact with another individual without receiving Consent to do so. Sexual contact includes any intentional contact with the intimate parts of another, including but not limited to the breasts, groin, genitals, buttocks, mouth, or any other body part touched in a sexual manner, disrobing or exposure of another’s body, causing an individual to touch their own intimate body parts, or any other bodily contact in a sexual manner.
Sexual Assault (or attempts to commit same)
Having or attempting to have sexual intercourse with another individual without receiving Consent to do so. Non-consensual sexual intercourse includes forced oral copulation (mouth-genital contact), vaginal or anal penetration, however slight, with a body part or object. California law defines rape as nonconsensual sexual intercourse that involves the use or threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress (California Penal Code: Sections 261, 261.5, 262, 286, 288a, 289, and 243.4).
Taking sexual advantage of another individual for their own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited without receiving Consent to do so. Examples of sexual exploitation include, but are not limited to:
- Invasion of sexual privacy
- Prostituting another student
- Non-consensual photography or recording by video or audio sexual activity
- Non-consensual sharing or streaming of intimate images or sounds of sexual activity or nudity of the person being exploited
- Engaging in voyeurism or allowing another to observe consensual sexual activity without the knowledge of all people involved
- Knowingly transmitting a sexually transmitted disease or infection, including HIV to another person
- Disrobing or exposing one’s genitals or inducing another to expose their genitals in non-consensual circumstances
- Sexually-based stalking and/or bullying may also be forms of Sexual Exploitation
Unwelcomed, gender-based verbal or physical conduct that is sufficiently severe, pervasive and objectively offensive that unreasonably interferes with, limits, or deprives someone of the ability to participate in or benefit from the College’s educational programs. The harassment can be based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation. Examples include but are not limited to:
- an attempt to coerce an unwilling person into a sexual relationship
- repeatedly subjecting a person to egregious, unwanted sexual attention
- punish a refusal to comply
- condition a benefit on submitting to sexual advances
- Sexual Assault; Domestic or Dating Violence, Stalking; Gender-based Bullying.
There are three types of sexual harassment
1. Hostile Environment Sexual Harassment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive and objectively offensive that it alters the conditions of education or employment, from both a subjective (the Alleged Victim’s) and an objective (reasonable person’s) viewpoint. The determination of whether an environment is “hostile” is based on a combination of any of these circumstances:
- Frequency of the conduct
- Nature and severity of the conduct
- Whether the conduct was physically threatening
- Whether the conduct was humiliating
- Effect of the conduct on the Alleged Victim’s mental or emotional state
- Whether the conduct was directed at more than one person
- Whether the conduct arose in the context of other discriminatory conduct
- Whether the conduct unreasonably interfered with the Alleged Victim’s educational or work performance
- Whether the statement is a mere utterance of an epithet which engenders offense on the listener, or offends by mere discourtesy or rudeness
- Whether the speech or conduct deserves the protections of academic freedom or First Amendment protection
2. Quid Pro Quo Sexual Harassment exists when there are unwelcomed sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, the submission to or rejection of which could result in an adverse educational or employment action.
3. Retaliatory Sexual Harassment is any adverse employment or educational action taken against a person because of the person’s participation in a complaint or investigation of unlawful or prohibited discrimination or Sexual Misconduct.
A course of behavior or conduct directed at a specific person that would cause a reasonable person under similar circumstances to fear for their safety or for the safety of loved ones. A course of conduct consists of two or more acts wherein on person directly, indirectly, or through a third party follows, monitors, observes, surveils, threatens, or communicates to or about another person through behaviors. This may include but is not limited to unwanted telephone calls, letters or emails, unwanted or threatening gifts, threats, damage to property, physical assault, or appearing without invitation at a place of residence, school, or work. Cyber stalking includes use of electronic media, such as the internet, social networking sites, blogs, cell phones, apps, texts, or other electronic media to stalk an individual. California Law defines Stalking as willful, malicious, and repeated following or willful and malicious harassment of another person or making a credible threat with the intent to place that person in reasonable fear for their safety, or the safety of their immediate family (Cal. Penal Code §646.9).
This policy was edited on August 6, 2018