A form of sex discrimination on the basis of sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Conduct of a sexual nature or conduct based on sex or gender that is unwelcome, non-consensual, or has the effect of threatening, intimidating, or coercing a person. Sexual misconduct includes sexual harassment, sexual violence, relationship violence, stalking, and sexual exploitation. Sexual misconduct is a form of sex- and gender-based discrimination.
Unwelcome sex-based comment that meets one of the following conditions:
- Quid Pro Quo - An employee, agent, or other person authorized by the institution explicitly or impliedly conditioning the provision to provide an aid, benefit, or service of the institution based on an individual’s participation in unwelcome sexual conduct.
- Hostile Environment Harassment – Unwelcome sex-based conduct that is that effectively denies a person equal access to the institution’s educational program or activity.
- Sexual Assault, stalking, domestic violence, or dating violence.
Any sexual act directed against 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. Rape, sodomy, sexual assault with an object, and fondling are defined as forms of sexual assault.
Permission that is clear, knowing, voluntary, and expressed prior to engaging in and during an act. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. The State of CA has defined consent as affirmative consent.
- Affirmative Consent: conscious, and voluntary verbal agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean 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 consent.
Coercion is unreasonable pressure for sexual activity such as compelling another person to do something through emotional or physical pressure, threats, or other forms of intimidation. Real or perceived power differentials between individuals also may create an atmosphere of coercion that can significantly impair the ability to consent. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that she/he does not want sex, that she/he wants to stop, or that she/he does not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
The use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent (“Have sex with me or I’ll hit you. Okay, don’t hit me, I’ll do what you want.”).
Note: There is no requirement that a party resists the sexual advance or requests someone to stop. Resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.
Sexual exploitation occurs when one person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
- Engaging in voyeurism;
- Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
- Going beyond the boundaries of consent (e.g., letting others hide in a closet to watch you having consensual sex);
- Invasion of sexual privacy;
- Knowingly transmitting a sexually transmitted infection (STI) to another;
- Non-consensual pictures, video-, or audio-recording of sexual activity;
- Possession, use, and/or distribution of alcohol or other drug (e.g., Rohypnol, Ketamine, GHB, Burundanga, etc.) for the purpose of engaging in or facilitating any activity prohibited under this policy;
- Prostituting another
Conduct involving more than one instance of unwanted attention, harassment, physical or verbal contact, use of threatening words or actions, monitoring or harassing a person electronically, or any other behavior directed at an individual that could be reasonably regarded as likely to place that individual in fear of harm or injury (physically, emotionally, or psychologically). Examples can include: 1) Following a person, appearing at a person’s home, class or work; 2) Leaving written messages, objects, or unwanted gifts; 3) Vandalizing a person’s property; 4) Photographing a person.
Domestic Violence - includes felony or misdemeanor crimes 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 receiving grant monies, 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.
Violence committed by a person: 1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and 2) where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
Intimidation, threats, coercion, or discrimination against any person by the institution, a student, an employee, or other person for the purpose of interfering with any right or privilege under Title IX or because the person has reported information, made a complaint, testified, assisted, participated or refused to participate in any manner in an investigation, proceeding, or hearing in the Title IX grievance process.
