Definitions & Prohibited Conduct

Definitions

Coercion

There is a difference between seduction and coercion; coercion is defined as unreasonably pressuring another person for sex. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercing someone into engaging in sexual activity violates this policy in the same way as physically forcing someone into engaging in sexual activity.

Complainant

Complainant means:

1. A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations; or
2. A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination.*

Consent

"Affirmative consent" means affirmative, conscious, and voluntary agreement to engage in sexual activity. Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each person involved in the sexual activity to ensure that they have 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. If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied consent. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonably immediate time. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected.

Incapacitation

A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drug consumption. 

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). 

Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk. 

This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.

Incest

Non-forcible sexual intercourse, between persons who are related to each other, within the degrees wherein marriage is prohibited by California law.

Respondent

Respondent means a person who is alleged to have violated the recipient’s prohibition on sex discrimination.

Sexual Assault 

An offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation8. This action is directed against a Complainant, without their consent, or instances in which the Complainant is incapable of giving consent. Sexual acts include forcible rape, forcible fondling, sexual assault with an object, forcible sodomy, incest, or statutory rape.

Sexual Misconduct

Includes, but is not limited to, sexual harassment, nonconsensual sexual contact, nonconsensual sexual intercourse, and/or sexual exploitation (see "Community Standards Sexual Misconduct Policy" for further information). 

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_{*Federal Register. “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.” Federal Register, 29 April 2024, https://www.federalregister.gov/documents/2024/04/29/2024-07915/nondiscrimination-on-the-basis-of-sex-in-education-programs-or-activities-receiving-federal?utm_campaign=subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov. Accessed 26 July 2024.}

_**Rape:

• _{The carnal knowledge of a Complainant (penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person),} 

• _{without their consent,} 
• _{including instances where they are incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.”}

_Sodomy:

• _{Oral or anal sexual intercourse with a Complainant,} 
• _forcibly,
• _{and/or against their will (non-consensually), or} 
• _{not forcibly or against their will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.} 

_{Sexual Assault with an Object:}

• _{The use of an object or instrument to penetrate,} 
• _{however slightly,} 
• _{the genital or anal opening of the body of the Complainant,} 
  • _{forcibly, and/or}
  • _{against their will (non-consensually), or}
• _{not forcibly or against their will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.} 

_Fondling:

• _{The touching of the private body parts of the Complainant (buttocks, groin, breasts),} 
• _{for the purpose of sexual gratification,} 
• _{forcibly, and/or}
• _{against their will (non-consensually), or} 
• _{not forcibly or against their will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.}