Sexual Misconduct & Consent Definitions

​​​​​​SEXUAL MISCONDUCT DEFINITIONS​

The following are the definitions of conduct prohibited by the sexual misconduct policy.​​

SEXUAL HARASSMENT 

Sexual harassment is:

   • unwelcome

   • sexual, sex-based, and/or gender based, ver­bal,

     written, online, and/or physical conduct. ​

HOSTILE ENVIROMENT 

Hostile Environment​ is created when sexual harassment is​:

   • sufficiently severe, or

   • persistent or pervasive, and

   • objectively offensive that it:

     unreasonably interferes with, denies,

     or limits someone's ability to  

     participate in or benefit from the

     institution's educational [and/or

     em­ployment, social, and/or residential

     program. 

Sanctions range from warning through expulsion/ termination

NON-CONSENSUAL SEXUAL CONTACT 

   • any intentional sexual touching,

   • however slight,

   • with any object,

   • by a person upon another person,

   • that is without consent and/or by force.

 Sanctions range from warning through expulsion/ter­mination. ​

NON-CONSENSUAL SEXUAL INTERCOURSE 

Non-consensual sexual intercourse is:​

   • any sexual intercourse

   • however slight,

   • with any object,

   • by a person upon another person,

   • that is without consent and/or by force.

 Sanctions typically result in suspension or expul­sion/termination.

SEXUAL EXPLOITATION 

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 other sexual misconduct offenses.​
Sanctions range from warning through expulsion/ter­mination.

INTIMATE PARTNER VIOLENCE 

Intimate partner violence is:

   • violence or emotional and/or psychological abuse between those in an intimate relationship toward each other.
Sanctions range from warning through expulsion/ter­mination.

STALKING 

Stalking 1:

   • a course of conduct,

   • directed at a specific person,

   • on the basis of actual or perceived

     membership in a protected class,

   • that is unwelcome, and,

   • would cause a reasonable person to feel

     fear.

Sanctions range from warning through expulsion/ termination. ​


Stalking 2:

   • repetitive and menacing

   pursuit, following, harassing, and/or

     interfer­ing with the peace and/or safety

     of another.

Sanctions typically result in suspension or expul­sion/termination.​

RETALIATION 

Retaliation is:

   • any adverse action,

   • taken against a person participating in a

     pro­tected activity,

   • because of that person's participation

     in that protected activity

    ― subject to limitations imposed by the

         First Amendment and/or academic

         freedom

Sanctions range from warning through expulsion/ termination.

​​AFFIRMATIVE CONSENT

Knowing, voluntary, and clear permission, through word or action,

to engage in mutually agreed upon sexual activity or contact.


Since different people may experience the same interactions differently, each party is responsible for making sure that partners have provided ongoing, clear, affirmative consent in any sexual activity or contact.

A person may withdraw consent at any time during sexual activity or contact through words or action.  If that happens, the other partner must immediately cease the activity or contact. Pressuring another person into sexual activity can constitute coercion, which is also considered to be sexual misconduct.

Silence or the absence of resistance alone does not constitute consent. A individual is not required to resist or say "no" for an offense to be proven. Consent may not be inferred from silence, passivity or lack of resistance.

Consent to some forms of sexual activity (e.g. kissing, fondling, etc.) should not be construed as consent for other kinds of sexual activities (e.g., oral sex or intercourse).

Being or having been in a dating relationship with the other party does not mean that consent for sexual activity exists.

Previous consent to sexual activity does not imply consent to sexual activity in the future.

To legally give consent in California, individuals must be at least 18 years old.​

FORCE

​Force is defined as direct or indirect use of physical violence and/or imposing physically on someone to gain sexual access.  Force, unless part of mutually-consented to kink, is a clear demonstration of a lack of consent.

INCAPACITATION

​​Incapacitation is defined as a state in which individuals are unable to make rational, reasonable decisions because they lack the capacity to understand the "who, what, when, where, why, or how" of a situation or interaction. Individuals cannot give sexual consent if they can't understand what is happening, or if they are disoriented, helpless, asleep, or unconscious for any reason.  That applies even if it is because they voluntarily consumed alcohol or drugs.  Unless consent is "knowing," it is not valid.  Those engaging in sexual activity who know or should have known that the other party is incapacitated are engaging in sexual misconduct.  The possession, use, distribution, and/or administration of any incapacitating substances is prohibited.

 

The fact that a responding party was intoxicated, and thus did not realize the reporting party was incapacitated, does not excuse sexual misconduct.​​​

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