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Throughout the grievance process, both the Complainant and Respondent have a right to an Advisor of their choice.  An attorney may serve as an Advisor.  Parties have the right to consult with an attorney, at their own expense, at any stage of the Grievance Process. If a Party does not have an Advisor for the hearing, the District must provide the Party an Advisor of the District's choice, free of charge. The District may establish restrictions regarding the extent to which the Advisor may participate in the proceedings as long as the restrictions apply equally to both Parties.

The individual, or panel of individuals, who evaluates the submitted appeal request pursuant to this procedure the appeal Decision-Maker shall not be the investigator, Decision-Maker, or Title IX Coordinator.

An individual reported to be the victim of conduct that could constitute sexual harassment or other sex or gender-based misconduct.

Consent means affirmative, conscious, and voluntary agreement to engage in sexual activity.  Both parties must give affirmative consent to sexual activity.  It is the responsibility of each person involved in the sexual activity to ensure that he/she/they have the affirmative consent of the other or others to engage in the sexual activity.  Lack of protest, lack or resistance, or silence does not indicate consent.  Affirmative consent must be ongoing throughout a sexual activity and one can revoke his/her/their consent at any time.  The existence of a dating relationship between the person's involved, or the fact of past sexual relations between them, is not indicator of consent.

The Respondent's belief that the Complainant consented will not provide a valid defense unless the belief was actual and reasonable, based on the facts and circumstances the Respondent knew, or reasonably should have known, at the time of the incident. 

A Respondent's belief is not a valid defense where:

• The Respondent's belief arose from the Respondent's own intoxication or recklessness;
• The Respondent did not take reasonable steps to ascertain whether the Complainant affirmatively consented; or
• The Respondent knew or a reasonable person should have known that the Complainant was unable to consent because the Complainant was incapacitated, in that the Complainant was:
  • asleep or unconscious;
  • unable to understand the fact, nature, or extent of the sexual activity due to the influence of drugs, alcohol, or medication; or
  • unable to communicate due to a mental or physical condition.

Calendar days unless otherwise specified.

The individual, or panel of individuals, who will oversee the live hearing and make a determination of responsibility. The Decision-Maker cannot be the Title IX Coordinator or the investigator. The District may have a separate Decision-Maker determine the appropriate level of discipline for the conduct.

A written complaint signed by the Complainant or Title IX Coordinator, alleging Title IX sexual harassment and requesting an investigation.  If the Title IX Coordinator signs the formal complaint, he/she/they will not become a Party to the complaint.

鈥淕ender鈥� means sex, and includes an individual's gender identity and gender expression.

A process to resolve a formal complaint, such as mediation, that does not involve a full investigation and adjudication of the complaint.

Includes, but is not limited to, all of the following:

(1) Having any mental or psychological disorder or condition, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:

(a) "Limits" shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.

(b) "Major life activities" shall be broadly construed and shall include physical, mental, and social activities and working.

(2) Any other mental or psychological disorder or condition that requires special education or related services.

(3) Having a record or history of a mental or psychological disorder or condition, which is known to the District.

(4) Being regarded or treated by the District as having, or having had, any mental condition that makes achievement of a major life activity difficult.

(5) Being regarded or treated by the District as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability.

"Mental disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.

Includes, but is not limited to, all of the following:

(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:

(a) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.

(b) Limits a major life activity. For purposes of this section:

(i) "Limits" shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.

(ii) "Major life activities" shall be broadly construed and includes physical, mental, and social activities and working.

(2) Any other health impairment that requires special education or related services.

(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment, which is known to the District.

(4) Being regarded or treated by the District as having, or having had, any physical condition that makes achievement of a major life activity difficult.

(5) Being regarded or treated by the District as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability.

(6) "Physical disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.

An individual reported to be the perpetrator of conduct that could constitute sexual harassment.

Includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth.

Also includes, but it not limited to, a person鈥檚 gender.

Unwelcome sexual advances, requests forsexual favors, and 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:

(a) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual'semployment, academic status, or progress.
(b) Submission to, or rejection of, the conduct by the individual is used as the basis of employment oracademic decisions affecting the individual.
(c) The conduct has the purpose or effect of having a negative impact upon the individual's work oracademic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
(d) Submission to, or rejection of, the conduct by the individual is used as the basis for any decisionaffecting the individual regarding benefits and services, honors, programs, or activities available at or through the District.

Conduct that satisfies one or more of the following: 

• A District employee conditions the provision of an aid, benefit, or service of the District on an individual's participation in unwelcome sexual conduct (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 District's education program or activity;
• Sexual assault, including the following:

• • Sex Offenses - Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. 
  • Rape (except Statutory Rape) - The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.  There is carnal knowledge if there is the slightest penetration of the genital or anal opening of the body of another person. 
  • Sodomy - Oral or anal sexual intercourse with another person, without the consent of the victim, including instance where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity. 
  • Sexual Assault with an Object - To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physically incapacity.  An "object" or "instrument" is anything the offender uses other than the offender's genitalia, e.g., a finger, bottle, handgun, stick.
  • Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity. 
  • Sex Offenses, Non-Forcible Unlawful, Non-Forcible Sexual Intercourse
    • Incest - Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    • Statutory Rape- Non-Forcible. Sexual intercourse with a person who is under the statutory age of consent.  There is no force or coercion used in Statutory Rape; the act is not an attack. 
• Dating Violence - Violence against a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of a relationship will 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 
  • By a current or former spouse or intimate partner of the victim
  • By a person with whom the victim shares a child in common
  • By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner
  • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of California
  • By any other person against an adult or youth victim protected from that person's acts under the domestic or family violence laws of California
• Stalking - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her/their safety or the safety of others or suffer substantial emotional distress.