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Title IX Sexual Harassment

The College is committed to complying with all requirements as set forth by Title IX of the Education Amendments of 1972 (“Title IX”). As such, discrimination on the basis of sex or gender will not be tolerated in any of College’s education programs or activities. Such discrimination includes, but is not limited to, the following: sexual harassment; sexual violence; stalking; relationship violence; and failure to provide equal opportunity in admissions, activities, or employment. Student workers will be covered by this policy, and may also fall under the jurisdiction of Human Resources and Development, which will jointly resolve all complaints with the Dean of Student Affairs and/or designee.

Title IX Sexual Harassment includes: Conduct on the basis of sex; or that is sexual in nature; that satisfies one or more of the following:

  1. Quid Pro Quo: A College employee explicitly or implicitly conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.
  2. Hostile Environment: Unwelcome conduct on the basis of sex determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education programs or activities; or
  3. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30). Definitions of these terms are provided below:

Other Sexual Misconduct Offenses:

Sexual Assault, defined as:

Any sexual act directed against a Complainant, without their consent, or instances in which the Complainant is incapable of giving consent.

A ‘sexual act” is specifically defined by federal regulations to include one or more of the following:

Rape:

  • The carnal knowledge of a Complainant OR 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.
  • This would include having another person touch you sexually, forcibly, and/or without their consent.

Incest, defined as:

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

Statutory Rape, defined as:

  • Non-forcible sexual intercourse,  with a person who is under the statutory age of consent of 18 in California.

Dating Violence, defined as:

  • violence, on the basis of sex committed by a person, who is in or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition:
  •  Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
  • Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence, defined as:

  • Violence, on the basis of sex,  committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of California, or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of California.

Sexual Violence, defined as: 

  • physical sexual acts, perpetrated against a person without the person’s affirmative consent.

Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved.

Sexual Exploitation, defined as: 

Taking non consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit a person other than the one being exploited. Examples of sexual exploitation include, but are not limited to, the following:

  • Prostituting another student;
  • The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion;
  • Non Consensual video or audio recording of sexual activity;
  • Exceeding the boundaries of explicit consent, such as allowing friends to hide in a closet to be witness to one’s consensual sexual activity;
  • Knowingly making an unwelcome disclosure of (or threatening to disclose) an individual’s sexual orientation, gender identity, or gender expression;
  • Knowingly soliciting a minor for sexual activity;
  • Engaging in voyeurism (Peeping Tommery); and/or
  • Knowingly transmitting a sexually transmitted disease/infection or HIV to another student.

Statutory Rape, defined as:

  • Non-forcible sexual intercourse, with a person who is under the statutory age of consent of 18 in California.

Stalking, defined as:

  • Engaging in a course of conduct, on the basis of sex directed at the Complainant, that
  • would cause a reasonable person to fear for the person’s safety
  • the safety of others
  • suffer substantial emotional distress

For the purposes of this definition—

  • Course of conduct means two or more acts, including, but not limited to acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
  • Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
  • Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Otis College reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any offense under this Policy. The most serious offenses are likely to result in suspension/expulsion/dismissal.