Definitions

Title IX Terms and Definitions

• Adviser

  In the context of Title IX, an adviser is a person chosen by a party or appointed by De Anza College to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct questioning for the party at the hearing, if any.

• Confidential Resource

  An employee who is not a responsible employee reporter when notified of harassment, discrimination, or retaliation.
  

  The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy and others, with their patients, clients, and parishioners.
  

  These individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics, professional credentials, or official designation, except in extreme cases of immediate threat or danger or abuse of a minor/elder/individual with a disability, or when required to disclose by law or court order.

• Complainant

  An oral or written request to the college that objectively can be understood as a request for the college to investigate and to make determination about alleged discrimination under Title IX or its regulations.

• Formal Grievance Process

  In the context of Title IX, a method of formal resolution designated by De Anza College to address conduct that falls within Foothill-De Anza district policies and which complies with the requirements of the Federal Title IX regulations (34 CFR § 106.45) and the Violence Against Women Act § 304.
  

• Informal Resolution

  A complaint resolution agreed to by the parties and approved by the Title IX coordinator or decision-maker that occurs prior to the formal final determination being reached.

• Investigator

  An investigator is assigned by the Title IX coordinator to gather facts about an alleged violation of policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report of relevant evidence and a file of directly related evidence.

• Party

  A complainant or respondent.

• Preponderance of Evidence

  The standard of proof that De Anza uses regarding Title IX complaints. The preponderance of the evidence standard is met if the institution determines that is more likely than not that the alleged misconduct occurred, based on the facts available at the time of the decision.

• Remedies

  Are measures provided, as appropriate, to a complainant or any other person the college identifies as having had their equal access to the college’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to the college’s education program or activity after the college determines that sex discrimination occurred.

• Respondent

  A person who is alleged to have violated the college’s prohibition on sex discrimination.

• Responsible Employee

  An employee of De Anza College who has the authority to take action to redress sexual harassment or provide supportive measures to students, or who has the duty to report sexual harassment to an appropriate school official who has that authority. Employees must share knowledge, any notice, or reports of harassment, discrimination, or retaliation with the Title IX coordinator.

• Sanctions

  Consequences imposed on a respondent following a determination under Title IX that the respondent violated the college’s prohibition on sex discrimination.

• Sex-based Harassment

  A form of sex discrimination, means sexual harassment and other harassment on the basis of sex.

  • Quid pro quo harassment: Occurs when an employee, agent, or other person authorized by the college to provide an aid, benefit, or service under the college’s education program or activity explicitly or impliedly conditions the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
  • Hostile environment harassment: Involves unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the college’s education program or activity (i.e., creates a hostile environment).
  • Specific offenses include:
    • Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
    • Dating violence meaning violence committed by a person:
      • Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
      • Where the existence of such a relationship shall be determined based on a consideration of the following factors:
        • The length of the relationship;
        • The type of relationship; and
        • The frequency of interaction between the persons involved in the relationship;
    • Domestic violence meaning felony or misdemeanor crimes committed by a person who:
      • Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the college, or a person similarly situated to  a spouse of the victim;
      • Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
      • Shares a child in common with the victim; or
      • Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.
    • Stalking meaning engaging in a course of conduct 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.

• Sexual Harassment

  Sexual harassment, as an umbrella category, includes the offenses of sexual harassment, sexual violence such as sexual assault, sexual battery, domestic violence, dating violence, and stalking.

  For a more detailed definitions of Sexual Harassment, please see the definition section:  What is Covered Under Title IX

• Student Code of Conduct

  The Administrative Policy 5510 addresses allegations that do not fall under the jurisdiction of Title IX. This procedure is outlined in Administrative Policy 5520: Student Due Process and Discipline.

  Please see the definition section: What May Not be Under Title IX

• Supportive Measures

  Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

  • Restore or preserve that party’s access to the college’s education program or activity, including measures that are designed to protect the safety of the parties or the College’s educational environment; or
  • Provide support during the college’s grievance procedures or during an informal resolution process.

• Title IX Coordinator

  The Title IX coordinator is at least one official designated by De Anza College to ensure compliance with Title IX and the Title IX program and oversees implementation of 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, remedy, and prevent sexual discrimination, harassment, and retaliation prohibited under Title IX regulations.

  De Anza's Title IX coordinator is Laureen Balducci
  Contact: balduccilaureen@deanza.edu

---

• Affirmative Consent

  Is defined as:

  • knowing (conscious), and
  • voluntary, and
  • clear permission
  • by word or action
  • to engage in sexual activity.

  
  Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time.

  California Education Code Section 67386 (SB 967) establishes an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity.

• Dating Violence

  Is defined as:

  • violence,
  • on the basis of sex,
  • committed by a person,
  • who is in or has been in a social relationship of a romantic or intimate nature with the complainant.
    • The existence of such a relationship shall be determined based on the complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—
      • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
      • Dating violence does not include acts covered under the definition of domestic violence.

• Domestic Violence

  Is defined as:

  • 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.
    
    
    

  To categorize an incident as Domestic Violence, the relationship between the respondent and the complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

• Hostile Environment

  A “hostile environment” is a situation where unwelcome sexual conduct unreasonably interferes with, limits, or effectively denies an individual's educational or employment access, benefits, or opportunities. This discriminatory effect may result from verbal, written, graphic harassment and/or physical conduct.
  

• Quid Pro Quo Harassment

  Is defined as when:

  • an employee of the college,
  • conditions (implicity or explicity) the provision of an aid, benefit, or service of the college,
  • on an individual’s participation in unwelcome sexual conduct.

• Retaliation

  Intimidation, threats, coercion, or discrimination against any person by the College, a student, or an employee or other person authorized by the College to provide aid, benefit, or service under the College’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.

• Sexual Assault

  Is defined as:
  

  • Any sexual act* directed against a complainant,
  • without their consent,
  • including instances in which the complainant is incapable of giving consent.
    
    

  *A "sexual act" is specifically defined by federal regulations to include one or more of the following:  rape, sodomy, sexual assault with an object, and fondling.
  

  • Incest:
    • Non-forcible sexual intercourse,
    • between persons who are related to each other,
    • within the degrees wherein marriage is prohibited by California law.
  • Statutory Rape:
    • Non-forcible sexual intercourse,
    • with a person who is under the statutory age of consent of 18 years of age in California.

• Sexual Battery

  Is defined by California Education Code Sect. 66262.5 (SB 493) as:

  The intentional touching of another person’s intimate parts without consent, intentionally causing a person to touch the intimate parts of another without consent, or using a person’s own intimate part to intentionally touch another person’s body without consent.

• Sexual Harassment (§ 106.30)

  Is defined by Federal Title IX regulation 34 CFR § 106.30 as:

  Conduct on the basis of sex (including sexual conduct) that satisfies one or more of the following:

  • Unwelcome conduct, determined by a reasonable person, to be:
    • so severe,
    • and pervasive,
      
    • and objectively offensive,
    • that it effectively denies a person equal access to the college’s education program or activity
  • An employee of the college conditioning the provision of an aid, benefit, or service of the college on an individual’s participation in unwelcome sexual conduct (Quid Pro Quo)
    
  • 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 (SB 493)

  Is defined by California Education Code Sect. 66262.5 (SB 493) as:

  Unwelcome sexual advances, or requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:

  • Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress, or
  • Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual, or
  • The conduct has the effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment, or
  • Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.
  • Includes sexual violence such as sexual battery and rape.
  • Also, sexual exploitation defined under Civil Rights Offenses below.

• Sexual Violence

  Is defined by California Education Code Sect. 66262.5 (SB 493) as:

  • Physical acts*,
  • Perpetrated against a person without the person's affirmative consent.
    
    

  *A "physical act" includes both of the following as defined by state law:

  • Rape: penetration, no matter how slight, of the vagina or anus, with any part or object, or oral copulation of a sex organ, by another person, without their consent.
  • Sexual Battery: The intentional touching of another person’s intimate parts without consent, intentionally causing a person to touch the intimate parts of another without consent, or using a person’s own intimate part to intentionally touch another person’s body without consent.

• Stalking

  Is defined as:

  • engaging in a course of conduct,
  • on the basis of sex,
  • directed at the complainant, 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—

  • 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.
  • Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant.
  • Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

---

• Bullying

  Repeated or severe, aggressive behavior, likely to intimidate or intentionally hurt, control, or physically or mentally diminish the complainant, that is not speech or conduct otherwise protected by the First Amendment.

• Discrimination

  Actions that deprive, limit, or deny other members of the community of educational or employment access, benefits, or opportunities, including disparate treatment.
  

• Harm/Endangerment

  Threatening or causing physical harm, extreme verbal, emotional, or psychological abuse; or other conduct which threatens or endangers the health or safety of any person.

• Hazing

  Acts likely to cause physical or psychological harm or social ostracism to any person within the college community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity.

• Sexual Exploitation

  A person taking sexual advantage of another person the benefit of anyone other than the person, without that person's consent, including, but not limited to, any of the following acts:
  

  • The prostituting another person.
  • The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion.
  • The recording of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, without that person’s consent.
  • The distribution of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure.
  • The viewing of another person’s sexual activity or intimate parts, in a place where the other person would have a reasonable expectation of privacy, without that person’s consent, for the purpose of arousing or gratifying sexual desire.
  • Invasion of sexual privacy (e.g., doxing).
  • Knowingly making an unwelcome disclosure of (or threatening to disclose) an individual's sexual orientation, gender identity, or gender expression.
  • Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection.
  • Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to
    give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity.
  • Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing).
  • Forcing a person to take an action against that person’s will by threatening to show,
    post, or share information, video, audio, or an image that depicts the person’s nudity
    or sexual activity.
  • Knowingly soliciting a minor for sexual activity.
  • Knowingly creating, possessing, or dissemination of child pornography.