Terms and Definitions

Engaging in any type of sexual activity without first obtaining Affirmative Consent to the specific activity.

Sexual activity includes, but is not limited to, kissing, touching intimate body parts, fondling, intercourse, penetration of any body part, and oral sex. It also includes any unwelcome physical sexual acts, such as unwelcome sexual touching, Sexual Assault, Sexual Battery, Rape, and Dating Violence. When based on Gender, Domestic Violence or Stalking also constitute Sexual Misconduct. Sexual Misconduct may include using physical force, violence, threat, or intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication) to engage in sexual activity. Men as well as women can be victims of these forms of Sexual Misconduct. Sexual activity with a minor is never consensual when the Complainant is under 18 years old, because the minor is considered incapable of giving legal consent due to age.

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.

Is a form of Sexual Misconduct and is an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person’s gender or sex.

Is a form of Sexual Misconduct and is any willful and unlawful use of force or violence upon the person of another because of that person’s gender or sex.

Is a form of Sexual Misconduct, and is non-consensual sexual intercourse that may also involve the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. Any sexual penetration, however slight, is sufficient to constitute rape. Sexual acts including intercourse are considered non-consensual when a person is incapable of giving consent because s/he is incapacitated from alcohol and/or drugs, is under 18 years old, or if a mental disorder or developmental or physical disability renders the person incapable of giving consent. The accused’s relationship to the person (such as family member, spouse, friend, acquaintance or stranger) is irrelevant.

Is a form of Sexual Misconduct committed by an individual known to the victim. This includes a person the victim may have just met; i.e., at a party, introduced through a friend, or on a social networking website. See above for definition of Rape.

Means an informed, affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity.

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.

Is abuse committed against someone who is a current or former spouse; current or former cohabitant; someone with whom the Respondent has a child; someone with whom the Respondent has or had a dating or engagement relationship; or a person similarly situated under California domestic or family violence law. Cohabitant means two unrelated persons living together for a substantial period of time, resulting in some permanency of relationship. It does not include roommates who do not have a romantic, intimate, or sexual relationship. Factors that may determine whether persons are cohabiting include, but are not limited to: (1) sexual relations between the Parties while sharing the same living quarters; (2) sharing of income or expenses; (3) joint use or ownership of property; (4) whether the Parties hold themselves out as spouses; (5) the continuity of the relationship; and, (6) the length of the relationship. For purposes of this definition, “abuse” means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. Abuse does not include non-physical emotional distress or injury.

Is abuse committed by a person who is or has been in a social or dating relationship of a romantic or intimate nature with the victim.This may include someone the victim just met; i.e., at a party, introduced through a friend, or on a social networking website. For purposes of this definition, “abuse” means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. Abuse does not include non-physical, emotional distress or injury.

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.