A.
Advocate
The term “Advocate” refers to
someone trained by a Title IX Coordinator to assist a Reporting Party and/or
Alleged Victim or a Respondent generally in a Sexual Misconduct case, with the
exception of Advocates for Students, below. An
Advocate’s assistance can include providing moral support as well as
information regarding procedural issues, throughout the pendency of an
investigation, through the last internal Appeal. Each
location (college and ESC) must have a minimum of two Advocates at all times,
and preferably will have at least four. The
Advocate will be independent from college and District influences, and
maintains the Confidentiality of anyone he or she aids. In Sexual Misconduct
matters, the services of the Advocate are available to both parties through the
time of a final Appeal.
This position encompasses the former “Advocate for Students”
position. All Advocates shall be available to assist student parties to a
non-Sexual Misconduct Complaint from the initiation of the matter through the
final written Decision
B.
Alleged Victim
The term “Alleged Victim”
refers to a person who may have been the object of a violation of this policy.
C.
Complaint
The term “Complaint” means a
written or oral statement that alleges Prohibited Discrimination,
Unlawful Harassment, or Sexual Misconduct as defined herein.
A Complaint may be filed by
someone who alleges that he or she has personally suffered Prohibited
Discrimination, Unlawful Harassment, and Sexual Misconduct or by
someone who has learned of potential Prohibited Discrimination, Sexual
Misconduct, and Unlawful Harassment in his or her official capacity as a
faculty member or administrator, and individuals and entities filing a
Complaint on behalf of another individual or class of individuals.
D.
Confidentiality
The term “Confidentiality”
means not sharing information with anyone other than the person who told it to
you.
E.
Consent
The
term “Consent,” when used regarding Sexual Misconduct matters refers to a
mutual, honest, direct agreement. Consent is never implied and cannot be
assumed, even in the context of a relationship.
b. Voluntary
(freely given)
d.
By clear words or actions, with regard to agreed-upon (sexual)
activity, and
e.
Must indicate permission to engage in mutually agreed upon
(sexual) activity.
f.
It must also be continuous throughout the sexual interaction.
2. Consent
cannot be the result of:
e.
Coercion, including consideration of frequency, intensity,
isolation and duration, or
f.
Incapacity as a result of drugs, alcohol, sleep, mental or
cognitive impairment, injury, or other condition, which was or should have been
known to the accused. Intoxication of the assailant
shall not diminish the assailant’s responsibility for sexual assault or sexual
misconduct.
3. The
absence of “No” does not mean ‘Yes”.
F.
Dating Violence
The term “Dating
Violence” is included in Intimate Partner Violence; see below.
G. Domestic Violence
The term “Domestic
Violence” is included in Intimate Partner Violence, below.
H.
Gender
The term “Gender” includes a
person’s Gender identity and Gender-related appearance and behavior whether or
not stereotypically associated with the person’s assigned sex at birth. See
also the definition of Sexual Orientation, below.
I.
Gender-Based
Harassment
The term “Gender-Based
Harassment” refers to unwelcome conduct of a non-sexual nature based on Gender
or Gender stereotyping, including acts of verbal, nonverbal, and physical
aggression, intimidation, or hostility.
J.
Intimate Partner
The term “Intimate Partner”
refers to a person with whom one has or had a close personal relationship that
may be characterized by some or all of the following: the partners’
emotional connectedness, regular contact, ongoing physical contact and sexual
behavior, identity as a couple, and familiarity with and knowledge about each
other’s lives.
Intimate Partner relationships include current or former:
-
spouses (married spouses, common-law spouses, civil union
spouses, domestic partners)
-
boyfriends/girlfriends
-
dating partners
-
ongoing sexual partners
Intimate Partners may or may not cohabit. Intimate
Partners can be opposite or same sex. If the
Alleged Victim and/or Reporting Individual and the Respondent have a child in
common and a previous relationship but no current relationship, then by
definition they fit into the category of former Intimate Partner.
K.
Intimate Partner
Violence
The term “Intimate Partner
Violence” refers to behavior involving physical force or intimidation by the
exhibition of such force, intended to hurt, damage, or kill an Intimate
Partner, as defined above; this frequently arises in the form of Sexual Misconduct.
L. Privacy
The term “Privacy” means
sharing information only with those individuals who need to know, such as the
Title IX Coordinator, and only sharing information required for that individual
to do his or her job.
M.
Respondent
The term “Respondent” refers to
the individual who responds to a Complaint which was filed, alleging that
he/she violated this policy; also known as an “alleged offender.
N.
Responsible Employee
The
term “Responsible Employee” refers to a person who works for the Los Angeles
Community College District (LACCD) who, pursuant to Title IX, has the responsibility
to report to the College Title IX Coordinator instances of Sexual Misconduct or
sexual harassment at or connected to the College or the District, which he or
she has been told about or has seen.
Mental
Health professionals and clergy are not “responsible employees” when acting in
their professional capacity and therefore are exempt from the Title IX
reporting responsibility, as are faculty with regard to material directly
related to their curriculum.
First
Responders may or may not be Responsible Employees depending on his or her
other role(s) at the college or ESC, but his or her activities are broader than
those of a Responsible Employee. See “First
Responder,” above. Both the Responsible
Employee and the First Responder should be members of the Sexual Assault
Response Team (SMART), described below.
O.
Retaliation
The
term “Retaliation” refers to a prohibited form of unlawful harassment. Retaliation
refers to adverse personal behavior or adverse employment or academic decisions
based primarily upon an individual’s participation as a witness, Respondent,
investigator, decision-maker, representative or advisor, or other individual as
prohibited by state or federal law.
1) The initiation of a
Complaint alleging prohibited discrimination, unlawful harassment, sexual
harassment, or Sexual Misconduct shall not be cause for any negative reflection
on the individual initiating the Complaint or an individual identified as an
Alleged Victim, if different.
2) In the case of a
student, the filing of a Complaint shall not affect his/her grade, class
selections, or other matters pertaining to enrollment status as a student of
the District.
3) Similarly, adverse
actions (as described above) shall not be taken against a Respondent, from the
time allegations are made about him/her through final resolution of the matter.
4) Any adverse action against an individual for filing a discrimination
charge, for testifying, or for participating in any way in an investigation,
proceeding, or lawsuit under these laws, or for opposing employment practices
that they reasonably believe to be discriminatory is retaliation and thus
unlawful harassment which violates these laws.
P.
Sexual Harassment
The
term “Sexual Harassment” means unlawful discrimination in the form of unwelcome
sexual advances, requests for sexual favors, and other verbal, visual, or
physical conduct of a physical nature, made by someone from or in the workplace
or in the educational setting, and is a form of Sexual Misconduct, defined
below. Sexual Harassment includes, but is not
limited to:
1) Making unsolicited
written, verbal, physical, and/or visual contacts with sexual overtones. (Examples
of possible sexual harassment that appear in written form include, but are not
limited to: suggestive or obscene letters, notes
or invitations. Examples of possible
visual sexual harassment include but are not limited to: leering, gestures,
display of sexually aggressive objects, pictures, cartoons, or posters.
2) Continuing to express
sexual interest after being informed that the interest is unwelcome.
3) Making reprisals,
threats of reprisal, or implied threats of reprisal following a rebuff of
harassing behavior, for example, implying or actually withholding grades earned
or deserved, a poor performance evaluation will be prepared, or suggesting a
scholarship recommendation or college application will be denied.
4) Engaging in explicit
or implicit coercive sexual behavior within the work environment which is used
to control, influence, or affect the employee’s career, salary, and/or work environment.
5) Engaging in explicit
or implicit coercive sexual behavior within the work environment which is used
to control, influence, or affect the educational opportunities, grades, and/or
learning environment of a student.
6) Offering favors or
educational or employment benefits, such as grades or promotions, favorable
performance evaluations, favorable assignments, favorable duties or shifts,
recommendations, reclassifications, etc., in exchange for sexual favors.
7) Awarding educational
or employment benefits such as grades or duties or shifts, recommendations,
reclassifications, etc., to any student or employee with whom the decision
maker has a sexual relationship and denying such benefits to other students or
employees.
Q.
Sexual Misconduct
The
term “Sexual Misconduct” refers to non-consensual sexual activity, where clear,
knowing, and voluntary Consent, as defined herein, both prior to and during the
sexual activity is absent. Sexual misconduct
includes “sexual harassment” as that term is defined
herein.
1) Sexual misconduct offenses include but are not
limited to Non-Consensual Sexual Intercourse, defined as
a.
Any
sexual penetration or intercourse (anal, oral, or vaginal)
b. However slight
c.
With
any object
d.
By
a person upon another person
e.
That
is without Consent and/or by force
f.
Sexual
penetration includes vaginal, oral or anal penetration by a penis, tongue,
finger or object, or oral copulation by mouth or genital contact, or genital to
mouth contact.
g.
Non-Consensual
Sexual Intercourse includes but is not limited to rape, forced sodomy, forced
copulation, or rape by foreign object.
2) Sexual Misconduct offenses also include
Non-Consensual Sexual Contact, defined as
a.
Any
intentional sexual touching
b.
However
slight
c.
With
any object
d.
By
another person upon another person
e.
That
is without Consent and/or by force
f.
Sexual
touching includes any bodily contact with the breasts, groin, genitals, mouth
or other bodily orifice of another individual, or any other bodily contract in
a sexual manner.
g.
Non-Consensual Sexual Intercourse includes but is
not limited to sexual battery or threat of sexual assault.
In addition to those acts specified above, Sexual
Misconduct also includes Sexual Harassment, Stalking, Dating Violence, Domestic
Violence, and Intimate Partner Violence.
R.
Sexual Misconduct
Awareness and Response Team or SMART
The
term “Sexual Misconduct Awareness and Response Team” or “SMART” refers to a group or team at each College and the ESC organized by the Behavioral
Intervention Team (BIT) for the purpose of
sponsoring prevention, intervention, and education programs on campus or at the
ESC regarding sexual misconduct, and for the purpose of responding to
allegations of Sexual Misconduct, as defined above.
S.
Sexual Orientation
The
term “Sexual Orientation” means heterosexuality, homosexuality, bisexuality,
asexuality, or any combination or variation thereof. Sexual
Orientation includes but is not limited to: Lesbian, Gay, Bisexual,
Transgender, Questioning, Intersexual, and Asexual.
T.
Sexual Violence
The
term “Sexual Violence” refers to a forceful physical sexual act that is
committed or attempted by another person without freely given Consent.
U.
Stalking
The
term “Stalking” refers to a course of conduct (two or more acts), directed at a
specific person, on the basis of actual or perceived membership in a protected
class, that is unwelcome, AND would cause a reasonable person to fear for his
or her safety or the safety of others, or to suffer substantial emotional
distress. Stalking is defined as the repeated
following, watching, and harassing of another person. Stalking
may include legal, appropriate behavior such as sending someone flowers or
waiting outside someone’s workplace for her/him to appear. However
when these acts are coupled with an intent to instill fear or injury, they may
be part of a pattern of stalking behavior.