SEXUAL MISCONDUCT AND TITLE IX

Title IX is a federal civil rights legislation that prohibits gender and sex-based discrimination and harassment in educational settings.  Title IX prohibits harassment based on gender/failure to conform to sex stereotypes.

Sexual misconduct is a term used to describe any unwelcome behavior of a sexual nature.  Sexual misconduct can be committed by anyone and may occur between people of the same gender.  Sexual misconduct takes place in many forms.  Examples include sexual harassment, non-consensual sexual contact, 

Sexual harassment is unwelcome, sexual, sex-based, and/or gender-based harassment.  Sexual harassment may be verbal, written, online or physical conduct.

Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical contact of a sexual nature. Sexual harassment is conduct that explicitly or implicitly affects a person's employment or education or interferes with a person's work or educational performance or creates an environment such that a reasonable person would find the conduct intimidating, hostile, or offensive.

Sexual harassment may include incidents between any members of the District community, including faculty and other academic appointees, staff, students, student employees, coaches, interns, and non-student or non-employee participants in District programs. Sexual harassment may occur in hierarchical relationships, between peers or between individuals of the same sex.  Some examples of harassing behavior include, but are not limited to:

• Insults, name-calling, and offensive jokes
• Intimidating words or actions
• Unwelcome or inappropriate touching
• Sexually suggestive remarks or gestures
• Unsolicited pornographic materials
• Obscene messages (via text or computer)
• Pressure for sexual activity or a date; and
• Sexual assault and rape

Under Title IX, sexual harassment further is defined to include conduct on the basis of sex where one or more of the following has occurred:

1. An employee conditions the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so sever, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
3. Sexual assault, dating violence, domestic violence or stalking as defined by federal law.

Non-consensual sexual contact is any intentional sexual touching, however slight, with any object or by a person upon another person, that is without express consent and/or by force.  Consensual sexual contact becomes non-consensual at the time a participant requests the sexual contact stop.

Non-consensual sexual intercourse is any sexual intercourse, however slight, with any object or by a person upon another person, that is without express consent and/or by force.  Consensual sexual intercourse becomes non-consensual at the time a participant requests the act to stop. 

Dating violence means violence committed by a person who is or has been in a social relationship of a romantic of intimate nature with the victim. 

Stalking is a pattern of repeated and unwanted attention directed at a specific person, that would cause a reasonable person to be fearful for their safety. 

Consent is the knowing, voluntary, and clear permission, through words or actions, to engage in a mututally agreed upon sexual activity or contact. Since different people may experience the same interactions differently, each party is responsible for making sure that partners have provided ongoing, clear consent to engaging in any sexual activity or contact.  

A person may withdraw consent at any time during sexual activity or contact through words or actions. If that happens, the other party must immediately cease the activity or contact. Pressuring another person into sexual activity can constitute coercion, which is also considered to be sexual misconduct.   Silence or the absence of resistance alone does not constitute consent. A victim is not required to resist or say "no" for an offense to be proven. 

Consent to some forms of sexual activity (e.g., kissing, fondling, etc.) should not be construed as consent for other kinds of sexual activities (e.g., intercourse).  Being or having been in a dating relationship with the other party does not mean that consent for sexual activity exists.  Previous consent to sexual activity does not imply consent to sexual activity in the future.

To legally give consent in California, individuals must be at least 18 years old.

Force is defined as direct or indirect use of physical violence and/or imposing physically on someone to gain sexual access. Force, unless part of mutually-permissible kink, is a clear demonstration of a lack of consent.

Incapacitation is defined as a state in which individuals are unable to make rational, reasonable decisions because they lack the capacity to understand the "who, what, when, where, why, or how" of a situation or interaction. Individuals cannot give sexual consent if they can't understand what is happening, or if they are disoriented, helpless, asleep, or unconscious for any reason. This applies even if it is because they voluntarily consumed alcohol or drugs. Unless consent is "knowing," it is not valid. Those engaging in sexual activity who know or should have known that the other party is incapacitated are engaging in sexual misconduct.

The fact that a responding party was intoxicated, and thus did not realize the reporting party was incapacitated, does not excuse sexual misconduct.

It is important to consider the differences between confidentiality and privacy. Those terms sound similar, but they mean different things. Confidentiality means information will generally not be shared with anyone, except in very rare cases when sharing the information would prevent serious harm to others or the reporter. Privacy means any information you provide will only be shared with a small number of people on a need-to-know basis.

Taft College employees can promise privacy, but not confidentiality, because they are legally required to share information that they learn about incidents of sexual misconduct and gender-based harassment with the Title IX Coordinator. 

Please keep in mind, the Title IX Coordinator will treat any information received with the utmost discretion and sensitivity. Please feel free to contact the Title IX Coordinator to discuss the distinction between confidential and non-confidential resources and to find the appropriate resource for you. During such conversation, you are free to share as much or as little about your own experience as you feel comfortable.

Assault Care (PDF)

Assault Response Protocol (PDF)

Creating Welcoming Spaces (PDF)

Consent, it's as simple as tea

Safety First-Bystander Intervention (PDF)

Stalking Safety Tips (PDF)

See Something, Say Something, Do Something (PDF)

Reporting an Incident (PDF)

Reporting Parties (PDF)

Responding Parties (PDF)

Mandatory Reporting (PDF)

Policies and Procedures page