Sexual Harassment Definitions

Title IX at GWC

Affirmative Consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure they have the Affirmative Consent of the other participant(s) to engage in the sexual activity. Lack of protest, resistance, or silence does not mean Affirmative Consent.

Complaint: A verbal or written report of sex discrimination, including Sexual Harassment, made in person, by mail, telephone, email, or through the Districts online reporting form. Any person may submit a complaint at any time. Refer to Section 9.6 for formal Complaint requirements.

Complainant: An individual who is alleged to be the victim of conduct that could constitute Sexual Harassment. The District recognizes the legal rights of parents or guardians to act on behalf of the Complainant (including filing a Formal Complaint). Any person(s), other than the Complainant, who reports Sexual Harassment shall be identified as a Reporter, as defined herein.

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of a romantic or intimate relationship shall be determined based on the Complainants 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.

Domestic Violence: A felony or misdemeanor crime of violence committed by:

A current or former spouse or intimate partner of the Complainant;

A person with whom the Complainant shares a child in common;

A person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner;

A person similarly situated to a spouse of the Complainant under California law; or

Any other person against an adult or youth Complainant who is protected from that persons acts under California law.

Respondent: An individual who has been reported to be the perpetrator of the conduct that could constitute Sexual Harassment.

Retaliation: The District strictly prohibits retaliation against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual participated or refused to participate in any investigation, proceeding, or hearing under Title IX. Refer to Section XIV for more information.

Sexual Assault: A sex offense is any sexual act directed against another person, without consent of the Complainant, including instances where the Complainant is incapable of giving consent. Sex offenses include forcible sex offenses and non-forcible sexual intercourse.

Sexual Exploitation: In addition to the forms of Sexual Harassment (i.e., Sexual Assault, Dating Violence, Domestic Violence, and Stalking), which fall within the coverage of Title IX, the District additionally prohibits Sexual Exploitation, outside of Title IX, when the act is based upon the Complainants actual or perceived membership in a Protected Status.

Sexual Harassment: Acts of Sexual Harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved. Sexual Harassment, as an umbrella category, includes offenses of Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking, and is defined as:

Quid Pro Quo:

A District employee,

Conditions the provision of an aid, benefit, or service of the District,

On an individuals participation in unwelcome sexual conduct; and/or

Hostile Environment:

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 Districts education program or activity.

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the persons safety or the safety of others, or to suffer substantial emotional distress.