The district has provided clear definitions of what the terms related to Title IX issues.

Affirmative Consent

It is the responsibility of each person involved in sexual activity to ensure that they have the affirmative consent of the other or others to engage in the sexual activity. Affirmative consent means an affirmative, conscious and voluntary agreement to engage in 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.

Sexual Harassment

Conduct on the basis of sex that satisfies one or more of the following:

    1. 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;
    2. 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;
    3. Sexual assault, dating violence, domestic violence, or stalking as defined below.

Sexual Assault

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.

    1. 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 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.
    2. Sexual Assault with an Object: Use of 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.
    3. Fondling: 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 his/her age or because of his/her temporary or permanent mental incapacity.
    4. 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.

Dating Violence

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:

  1. current or former spouse or intimate partner of the victim;
  2. person with whom the victim shares a child in common;
  3. person who is cohabitating with or has cohabitated with the victim as a spouse;
  4. person similarly situated to a spouse of the victim under California law; or
  5. any other person against an adult or youth victim who is protected from that person’s acts under California law.

Stalking

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

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: (1) intimidation; (2) threats; (3) coercion, (4) discrimination, or (5) 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.