About Title IX
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WHAT IS TITLE IX?
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
Examples of the types of conduct that could violate Title IX include, but are not limited to:
- Pressure for sexual activity
- Dating or domestic violence
- Sexual innuendos and comments
- Sexually explicit questions
- Requests for sexual favors
- Unwelcome touching, hugging, stroking, squeezing
- Spreading rumors about a person's sexuality
- Sexual ridicule
- Displaying or sending sexually suggestive electronic content, including but not limited to emails, text messages, etc.
- Pervasive displays of pictures, calendars, cartoons, or other materials with sexually explicit or graphic content
- Stalking a person
- Attempted or actual sexual violence
The following terms are defined one way by the school, and another way under the law. For complete definitions under the District’s Title IX policies, please refer to AP 3434 Interim Prohibition of Sexual Harassment Under Title IX; Interim Procedure for Responding to Harassment Based on Sex Under Title IX. For definitions under the California Penal Code, please refer to the current Safe & Sound Brochure available at: https://www.sdccd.edu/docs/police/currentsafeandsound.pdf
Consent: 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 they have the affirmative consent of the other or others to engage in the sexual activity. Lack of protest, lack of resistance, or silence does not indicate consent. Affirmative consent must be ongoing throughout a sexual activity and one can revoke their consent at any time.
Sexual Harassment under Title IX: For the purposes of Title IX and AP 3434, 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; and/or
- Sexual assault, including the following: Sex Offenses, Rape (except Statutory Rape), Sodomy, Sexual Assault with an Object, Fondling, Incest, Statutory Rape, Dating Violence, Domestic Violence, Stalking.
Sexual Assault: A sex offense directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
Domestic Violence: A crime or violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, a person similarly situated to a spouse of the victim under the domestic or family violence laws of California, and/or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of California.
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.
Stalking: 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.
Federal & State Laws
- Title IX, U.S. Department of Education
- Office for Civil Rights, U.S. Department for Education
- U.S. Equal Employment Opportunity Commission
- EEOC Enforcement on Pregnancy Descrimination and Related Issues
- California Department of Fair Employment and Housing
- California Department of Education, Equal Opportunity and Access: Gender Equity/Title IX
- U.S. Department of Justice
- Jean Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)
- Office on Violence Against Women, U.S. Department of Justice