The list below is not exhaustive and the College reserves its right to institute its procedures for Sexual Misconduct that does not necessarily fall within the specific definitions below.
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 Student Code of Conduct file a false report with malicious intent. It may also violate criminal statues and constitute civil defamation.
Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person
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 Complainant is not 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.
Having sexual contact with another individual without Consent. 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.
Having or attempting to have sexual intercourse with another individual without Consent. Intercourse includes oral, vaginal or anal penetration, however slight, with a body part or object.
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:
Unwelcomed, sexual, sex or 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:
There are three types of 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 Complainant’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:
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 tangible educational or employment actions.
is any materially 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.
This policy was updated on February 5, 2020