Survivor Advocacy Services
Terms and Definitions
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Engaging in any type of sexual activity without first obtaining Affirmative Consent to the specific activity is considered sexual misconduct and is a violation of California State University's Executive Order 1097 and/or 1096.
Engaging in any type of sexual activity without first obtaining Affirmative Consent to the specific activity.
A form of Sex Discrimination and is unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes but is not limited to sexual advances, requests for sexual favors, and any other conduct of a sexual nature where:
- Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a Complainant’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University; or
- The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Complainant, and is in fact considered by the Complainant, as limiting his or her ability to participate in or benefit from the services, activities or opportunities offered by the University; or
- The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Complainant, and is in fact considered by the Complainant, as creating an intimidating, hostile or offensive environment.
Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious or incapacitated due to the influence of drugs, alcohol or medication so that the person could not understand the fact, nature or extent of the sexual activity. A person is incapacitated if the person lacks the physical and/or mental ability to make informed, rational decisions.
Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person’s decision-making ability, awareness of consequences, and ability to make informed judgments. A person’s own intoxication or incapacitation from drugs or alcohol does not diminish that person’s responsibility to obtain Affirmative Consent before engaging in sexual activity.
Is a pattern of behavior in an intimate relationship that is used to establish power and control over another person through fear, intimidation and threats. Whether you refer to an experience as dating violence, domestic violence, intimate partner violence or relationship violence, all terms mean that one partner has gained more power over time through the use of controlling tactics.
Dating/domestic violence can take many different forms including, but not limited to the following:
- Physical: Inflicting or attempting to inflict physical injury
Example: grabbing, punching, pinching, shoving, slapping, hitting, biting, arm-twisting, kicking, punching, stabbing, strangling, smothering, using or threatening to use weapons, shoving, interrupting your sleep, throwing things, destroying property, hurting or killing pets, and denying medical treatment.
- Sexual: Coercing or attempting to coerce any sexual contact without consent
Example: physically forcing sex, making you feel fearful about saying no to sex, forcing sex with other partners, forcing you to participate in demeaning or degrading sexual acts, violence or name calling during sex, denying contraception or protection from sexually transmitted diseases, marital rape, acquaintance rape, forced sex after physical beating, attacks on the sexual parts of the body, forced prostitution.
- Psychological: Instilling or attempting to instill fear
Example: intimidation, threatening physical harm to self, victim, and/or others, threatening to harm and/or kidnap children, menacing, blackmail, harassment, destruction of pets and property, mind games, “crazy-making”, stalking.
- Emotional: Undermining or attempting to undermine victim’s sense of worth
Example: constant criticism, belittling victim's abilities and competency, name-calling, insults, put-downs, silent treatment, manipulating victim's feelings and emotions to induce guilt, repeatedly making and breaking promises, minimizing the abuse or blaming you for their behavior, excessive jealously, accusing you of having affairs, and watching where you go and who you talk to.
- Financial/Economic: Making or attempting to make the victim financially dependent
Example: giving you an allowance, not letting you have your own money or access to money, maintaining total control over financial resources, forbidding attendance at school, forbidding employment, on-the-job harassment, requiring accountability and justification for all money spent, running up debt, running credit.
Stalking is a pattern of behavior that makes you feel afraid, nervous, harassed or in danger. It is when someone repeatedly contacts you, follows you, sends you things, talks to you when you don't want them to or threatens you. Stalking is unpredictable and dangerous. No two stalking situations are alike. There are no guarantees that what works for one person will work for another, yet you can take steps to increase your safety.