The following conduct is prohibited by Title IX, the Title IX regulations and/or District policy. Allegations that, if proven, would constitute a violation of the prohibited conduct defined below will be addressed in accordance with the complaint procedure as proscribed in the Title IX regulations and District policy, AR 5145.71.
Other forms of alleged misconduct or inappropriate behavior that, if proven, does not constitute Title IX sex discrimination or sex-based harassment will be addressed in accordance with other District policies and procedures.
1. Sex Discrimination is different treatment with respect to a person’s employment or participation in an education program or activity based, in whole or in part, upon the person’s actual or perceived sex. Discrimination can take two primary forms:
a. Disparate Treatment Discrimination. Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived sex and that:
(a) excludes a person from participation in;
(b) denies a person benefits of; or
(c) otherwise adversely affects a term or condition of a person’s participation in a District program or activity.
b. Disparate Impact Discrimination. Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on the basis of sex that:
(a) excludes a person from participation in;
(b) denies a person benefits of; or
(c) otherwise adversely affects a term or condition of a person’s participation in a District program or activity.
2. Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:
a. Quid pro quo harassment. A district employee, agent or other person authorized by the district to provide an aid, benefit or service under the district's education program or activity explicitly or impliedly conditioning the provision of a district aid, benefit, or service on the person's participation in unwelcome sexual conduct.
b. Hostile environment harassment. 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 education program or activity.
c. Specific offenses. Sexual assault, dating violence, domestic violence, or stalking as defined in 20 USC 1092 or 34 USC 12291.
i. Sexual Assault
1. Rape: Penetration by the Respondent, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of the Respondent, without the consent of the Complainant.
2. Fondling: The touching of the private body parts of the Complainant (buttocks, groin, breasts) by the Respondent, for the purpose of sexual gratification, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of a temporary or permanent mental or physical incapacity.
3. Incest: Sexual intercourse, between persons who are related to each other, within the degrees wherein marriage is prohibited by California law.
4. Statutory Rape: Sexual intercourse, with a person who is under the statutory age of consent.
ii. Dating Violence: 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.
iii. Domestic Violence: 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.
iv. Stalking: 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.