Title IX Definitions and Resources

An Advisor can be any person of a Complainant or Respondent's choosing to support them throughout the investigative process such as a parent, friend, trusted faculty or staff member, or even a lawyer. Advisors can attend any meeting or proceeding throughout the entire process as long as they are not a relevant witness.

An affirmative, conscious, and voluntary agreement to engage in sexual activity. Consent is never implied and cannot be assumed, even in the context of a relationship. It is the responsibility of each person involved in sexual activity to ensure that they have the Affirmative Consent. Affirmative Consent must be ongoing throughout a sexual activity and can be revoked at any time.

Lack of protest or resistance does not mean consent, nor does silence mean consent. 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. In California, a minor (meaning a person under the age of 18) cannot consent to sexual activity.

Consent cannot be the result of force, physical violence, threats, intimidation, coercion. or 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. The absence of “No” does not mean "Yes." Only "Yes" means "Yes."

The privacy of all parties to a complaint of sexual misconduct must be strictly observed, except where limited information must be shared in order for LACCD to meet its obligation to fully investigate allegations of sexual misconduct. That means where privacy is not strictly kept, it will still be tightly controlled on a need-to-know basis to parties deemed relevant. Sharing of information and/or written materials to LACCD faculty or staff not involved in the complaint procedure is not permitted.

LACCD and the Colleges must statistically report on campus occurrences of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.

Under California law, communication with some individuals such as mental health professionals or medical personnel are confidential. This means that any information shared by a Complainant with a specific individual will not be used against the individual in court or shared with others. Students should always confirm whether confidentiality applies to the communication with a specific person. Most LACCD employees are Mandated Reporters are required to share a report of sexual misconduct with the Title IX Coordinator.

As is the case with any educational institution, LACCD must balance the needs of the individual student with its obligation to protect the safety and well-being of the District or campus community at large. Therefore, depending on the seriousness of the alleged incident, further action may be necessary, including a campus security alert. The alert, however, would never contain any information identifying the student who brought the complaint.

A written or oral statement that alleges Prohibited Discrimination, Unlawful Harassment, or Sexual Misconduct as defined in District policies.

A Complainant refers to a person who may file or has filed a Title IX complaint for an alleged violation of LACCD Title IX policy that occurred against them. You may also see Complainants referred to as alleged victims, the reporting party, reporting individual, or survivors.

Violence, on the basis of sex, committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of California, or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of California.

For C-15 specific Title IX complaints, a formal complaint is a written document that is submitted or signed by the Complainant or signed by the District Title IX Coordinator that alleges, with sufficient detail, a violation of the District’s policy prohibiting Title IX sexual harassment by a Respondent and requests that the District investigate the allegation(s).

A person who is responding to allegations in a complaint filed against them for an alleged violation of LACCD Title IX or discrimination, harassment, and retaliation policies. You may also see Respondents referred to as the alleged offender, perpetrator, or accused.

An adverse action taken against an individual based primarily upon an their participation in protected activity such as an investigation, proceeding, or lawsuit concerning prohibited conduct, discrimination, or harassment as prohibited by state or federal law.

It is a violation of LACCD's policy to retaliate in any way against an individual because of reporting an allegation of sexual harassment or misconduct forward or participating in the investigative process. If you believe you are subjected to retaliation after reporting forward a Title IX concern or participating in an investigation, please notify your College’s Deputy Title IX Coordinator immediately.

Unwelcome verbal, visual, or physical conduct against a Complainant that is of a sexual nature where the conduct is severe or pervasive enough to create a workplace or academic environment that would be intimidating, hostile, or offensive to a reasonable person.

Sexual activity where Affirmative Consent is absent. Sexual Misconduct also includes Sexual Harassment, Stalking, Dating Violence, Domestic Violence, and Intimate Partner Violence.

Engaging in a course of conduct on the basis of sex directed at a specific person, that would cause a reasonable person to fear for the person’s safety, or the safety of others; or suffer substantial emotional distress. For the purposes of this definition, a course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third Parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Supportive measures are free, individualized support services available to students during the Title IX process. Supportive measures are meant to restore or preserve equal access to the District’s educational programs or activities, address potential safety concerns, and deter further allegations and/or related retaliation.

Supportive measures may include, but are not limited to academic adjustments, referrals to support services, work schedule modifications for student workers, and directives to eliminate communication between parties while a review or investigation is ongoing. The Deputy Title IX Coordinator in partnership with campus will work with you to determine appropriate supportive measures depending on the specifics of your report.