Business Services

Title IX Terms and Definitions

Sexual Misconduct: A broad term used by the District to identify a number of forms of harassment and or discrimination based on sex. Sexual misconduct includes sexual harassment, sexual assault, and sexual exploitation.  This policy also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature. Sexual misconduct also includes acts of dating violence, domestic violence and stalking (interpersonal violence) as well as acts of retaliation.

Sexual Harassment: There are two forms of sexual harassment: (1) quid pro quo and (2) hostile environment.  Sexual harassment is:

  • unwelcome, sex-based verbal, nonverbal or physical conduct that is, sufficiently severe, persistent or pervasive that it,
  • unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from any of the District’s educational programs and/or activities or privileges of employment, and,
  • results in the creation of a hostile environment or has resulted from quid pro quo harassment.

A single or isolated incident of sexual harassment may be sufficient to create a hostile environment. 

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 Assault:  Sexual assault is unwelcome and/or nonconsensual touching or sexual penetration.  It includes, rape, forced oral copulation, rape by a foreign object, frottage, sexual battery, or threat of sexual assault.  Each person involved in sexual activity has the responsibly to ensure that they have the affirmative consent of the other or others to engage in the sexual activity. 

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 a romantic or intimate relationship will be determined based on the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.

Domestic Violence: Includes felony or misdemeanor crimes of violence committed by: (a) a current or former spouse of the victim; (b) by a person with whom the victim shares a child in common; (c) by a person who is cohabitating with or has cohabitated with the victim as a spouse; (d) by a person similarly situated to a spouse of the victim under California law; or (e) by 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 his or her safety or the safety of others, or to suffer substantial emotional distress.

Retaliation: Adverse action that is taken against an individual for engaging in a protected activity.  A protected activity can include, but is not limited to, filing a complaint of harassment or for participating in a harassment investigation.