Key Terms about Sexual Violence Defined

A person chosen by a party or appointed by Foothill College to accompany the party to meetings with the investigator, the resolution process, to advise the party on the grievance process, and to conduct cross-examination for the party at the live hearing, if one commences.

The Campus Sexual Violence Elimination Act (Campus SaVE) was enacted in March 2013, and amends the Jeanne Clery Act, creating additional protections for victims of dating violence, domestic violence, sexual assault and stalking, as well as creating more prescriptive requirements for prevention and awareness programs related to these offenses.

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)), commonly referred to as the Clery Act, requires colleges and universities that participate in federal financial aid programs to report annual statistics on crime on or near their campuses—including sexual assault and rape—and to develop and disseminate prevention policies.

An individual who is alleged to be the victim of sexual harassment or assault, or retaliation for engaging in a protected activity.

The college's policy states that names of individuals involved in sexual misconduct cases will not be disclosed by the college, except on a need-to-know basis or as required by law. Confidentiality is not the same as anonymity—which means not being named or personally identified.

Confidential employees include only certain, specific individuals on our campus whom are exempt from the reporting requirements of other college employees. These individuals include licensed, professional mental health counselors working in that role through the Psychological Services Office at Foothill.

The FFoothill-De Anza Community College District Sexual Harassment and Sexual Assault Policy requires consent to be affirmative, unambiguous and continuous, given freely by someone who has the ability to consent. Consent cannot be given when a person is incapacitated.

Violence committed by a person against another person with whom he or she has been in a relationship of a romantic or intimate nature. The existence of such a relationship will be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interactions between the persons involved in the relationship. (This definition is based on the VAWA definition 42 U.S.C. 13925 (a))

Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage. See complete definition at courts.ca.gov 

A method of formal resolution designated by De Anza College to address conduct that falls within the Foothill-De Anza District policies and which complies with the requirements of the Title IX regulations (34 CFR §106.45).

A form of modern-day slavery where traffickers lure victims with false promises of employment or a better life. Traffickers recruit, transport, or obtain victims by force for the purpose of exploiting them. Human trafficking is divided into two categories: sex and labor trafficking.

A person(s) assigned by the Title IX Coordinator to gather facts about an alleged violation of the Title IX Policy, assess relevance and credibility, compile evidence, and document information into an investigative report, and file of directly related evidence.

Include the Complainant(s) and Respondent(s), collectively.

An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or retaliation for engaging in a protected activity.

An employee who has the authority to take action to redress sexual violence, who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX coordinator or other appropriate college designee, or whom a student could reasonably believe has this authority or duty.

This includes, but is not limited to:

• Instructors, including full-time professors, adjunct professors, lecturers, and others who offer classroom instruction or office hours to students.
• Academic Counselors.
• Coaches, trainers, and other athletic staff who interact directly with students.
• Administrators.
• Most classified employees who work in offices that interact with students.
• Supervisors and college officials.

Intimidation, threats, harassment, adverse changes in work or academic environments—or other adverse actions threatened or taken against a complainant or a third party—in an attempt to retaliate against, prevent, or otherwise obstruct the reporting of sexual misconduct.

Any unwanted, non-consensual sexual act in which a person is threatened, coerced or forced to comply against their will, or when a person is unable to give consent because they are a minor, unconscious, asleep or incapacitated due to drugs or alcohol. A perpetrator(s) of sexual assault may be known or unknown to the victim. They could be a date, partner, spouse, acquaintance, family member or stranger.

Sexual harassment is the umbrella category, including conduct on the basis of sex that satisfies one or more of the following descriptions:

• A school employee conditioning educational benefit or service upon a person’s participation in unwelcome sexual conduct (often called “quid pro quo” harassment).
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the school’s education program or activity.
• Sexual assault, rape, fondling, incest or statutory rape (as defined in the Clery Act, 20 U.S.C.§1092(f)).
• Dating violence, domestic violence or stalking (as defined by the Violence Against Women Act (VAWA) 34 U.S.C.§12291(a)).

Sexual harassment, sexual violence, dating violence, domestic assault, domestic violence, rape, sexual assault, sexual exploitation, and stalking.

Physical sexual acts perpetrated against a person's will or when a person is incapable of giving consent due to use of drugs or alcohol, or due to an intellectual disability or other disability. Sexual violence includes rape, sexual assault, sexual battery, and sexual coercion.

A knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. The term does not include statutorily or constitutionally protected activity. Download a PDF about Stalking.

Title IX Coordinator is at least one official designated by Foothill College to ensure compliance with Title IX and the Title IX program. The Title IX Coordinator oversees implementation of the Title IX policy.

The Title IX Coordinator is responsible for coordinating efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent sexual harassment, and retaliation prohibited under this the Title IX policy.

The Violence Against Women Act (VAWA) established federal legal definitions of domestic violence, dating violence, sexual assault, and stalking.