About Title IX

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 has 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 his/her/their consent at any time.  The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, is not an indicator of consent. 

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. 
• 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. 

Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

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.

Violence committed: 

• 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; or 
• 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.

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.

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.