Sexual Misconduct

Sexual Misconduct is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical contact of a sexual nature. Sexual Misconduct is conduct that explicitly or implicitly affects a person’s employment or education or interferes with a person’s work or educational performance or creates an environment such that a reasonable person would find the conduct intimidating, hostile, or offensive.

Sexual Misconduct may include incidents between any members of the District community, including faculty, staff, students, student employees, volunteers, and non-student or non-employee participants in District programs. Sexual harassment may occur in hierarchical relationships, between peers or between individuals of the same sex.

Some examples of harassing behavior include, but are not limited to:

• • Insults, name-calling, and offensive jokes;​
  • Intimidating words or actions;
  • Unwelcome or inappropriate touching;
  • Sexually suggestive remarks or gestures;
  • Unsolicited pornographic materials;
  • Obscene messages (via text or computer);
  • Pressure for sexual activity or a date; and
  • Sexual assault and rape.

 

• What is Sexual Harassment Under Title IX?

• • A District employee conditions the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct (quid pro quo harassment);
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity;
  • Sexual assault, including the following:
    • • Sex Offenses. Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
      • Rape (except Statutory Rape). The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity. There is carnal knowledge if there is the slightest penetration of the genital or anal opening of the body of another person.
      • Sexual Assault with an Ojbect. 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 his/her/their age or because of his/her/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. The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.
      • Sex Offenses, Non-Forcible Unlawful, Non-Forcible Sexual Intercourse.
        • • Incest. Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
          • Statutory Rape – Non-Forcible. Sexual intercourse with a person who is under the statutory age of consent. There is no force or coercion used in Statutory Rape; the act is not an attack.
      • Dating violence. Violence against a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of a relationship will 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. 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 California; or
        • By any other person against an adult or youth victim protected from that person’s acts under the domestic or family violence laws of California.
      • Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her/their safety or the safety of others or suffer substantial emotional distress.