Title IX - Stop Sexual Violence
Understanding Key Terms
To help the Foothill community better understand our policies around sexual violence, we have provided the following definitions for sexual violence key terms.
Definition of Consent
In California, "Affirmative Consent" is defined as positive cooperation. Consent must be freely and voluntarily given, and participants must have knowledge and understanding of the act. Consent cannot be given when force, threat of force, coercion or fraud is used to gain compliance.
Consent cannot be given when someone is
- incapacitated due to alcohol or other drug use
- asleep or unconscious
- under the legal age of consent (18 years old in California) or has limited mental capacity due to a disability or mental illness
Consent cannot be assumed based on silence, the absence of “no” or “stop,” the existence of a prior or current relationship, or prior sexual activity.
- Consent can be revoked at any time, even in the middle of a sex act.
- If someone physically or verbally communicates to the other person that s/he does not wish to continue with the sexual act or encounter, the other person must immediately stop.
- If s/he does not stop when asked, any sex act after consent has been revoked is considered assault.
Alcohol and/or Drugs and Consent
Consent cannot be given if a person is impaired by alcohol and/or drugs.Below are some obvious signs that a person is impaired by alcohol and/or drugs and can no longer make a clear decision about giving consent:
- If a person is stumbling or falling down;
- If a person cannot stand or walk on their own;
- If a person’s speech is slurred or they are not communicating clearly;
- If a person cannot focus their eyes or is confused about what is happening around them;
- If a person has urinated, defecated, or vomited on themselves or around them;
- If a person is sleeping or unconscious, he or she cannot give consent.
It is the responsibility of the person initiating sexual contact to be sure affirmative consent has been given.
Understanding Other Key Terms
A person chosen by a party or appointed by De Anza 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.
Campus Sexual Violence Elimination Act (Campus SaVE)
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.
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.
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).)
Formal Grievance Process
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
- Most classified employees who work in offices that interact with students
- Supervisors and college officials
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))
Title IX Coordinator
Violence Against Women Act
Back-up Title IX Coordinator April 5-12
For Title IX questions or concerns this week, please contact Anthony Cervantes at firstname.lastname@example.org
Do you need to talk?
Title IX Coordinator, Leticia Maldonado
Campus Center, Room 2003