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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.

We encourage you to explore additional resources and learn more about Foothill and FHDA policies.

Definition of Consent

If you don't have consent, it's sexual assault.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  • If s/he does not stop when asked, any sex act after consent has been revoked is considered assault.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

Advisor

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.

Clery Act

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.

Complainant

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

Confidentiality

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 

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.

Consent

The Foothill-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.

Dating Violence  

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

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 

Formal Grievance Process 

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). 

Human Trafficking

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.

Investigator

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.

Parties 

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

Respondent

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.

Responsible Employee

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

Retaliation

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.

Sexual Assault

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. He or she could be a date, partner, spouse, acquaintance, family member or stranger.

Sexual Harassment

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 Misconduct 

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

Sexual Violence

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.

Stalking

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.

Title IX Coordinator

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.

Violence Against Women Act

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

 

 

 

 

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