This section includes definitions of terms that are referenced throughout the procedure for SP 19-60.
“ADA, Title VI, and Title VII Coordinator (EO Coordinator) and Title IX Coordinator(s)” are the employee(s) designated at each College and the System Office to oversee all civil rights, including sexual misconduct, complaints. A “Deputy” EO and Title IX Coordinator may also be designated to act on behalf of the Coordinator. All references in policies and procedures to the Coordinator include the Deputy Coordinator.
“Coercion”, in the context of Sexual Misconduct, is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When a person makes it objectively clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
“Consent” for sexual activity must be clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions demonstrate permission, based on an objective standard, regarding willingness to engage in (and the conditions of) sexual activity. Further, consent to any one form of sexual activity does not automatically imply consent to any other forms of sexual activity. Previous sexual activity or prior consent do not imply consent to future sexual acts. The consideration of prior, irrelevant sexual conduct, except relating to a prior relationship or history between the parties if relevant to some material issue in the process, is prohibited.
“Disciplinary Authority” is the individual with authority, or delegated authority, to impose discipline upon a Respondent.
“Discrimination” is any distinction, preference, advantage, or detriment given to a person based on one or more actual or perceived protected classes.
“Force” is the use of physical violence and/or imposing on someone physically to engage in sexual activity. Force also includes threats, intimidation (implied threats) and coercion that overcomes resistance.
“Harassment” is a form of discrimination that includes Quid Pro Quo and Hostile Environment.
“Hostile Environment” occurs when a person is subjected to verbal or physical conduct based on a protected class that is sufficiently severe, persistent or pervasive, and objectively offensive to alter the conditions of a person’s employment or unreasonably interfere with a person’s ability to participate in or benefit from CCCS educational programs or activities, from both a subjective and objective viewpoint.
“Incapacitation” is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent. Incapacitation could result from mental or physical disability, sleep, unconsciousness, involuntary physical restraint, being underage, or from the ingestion of drugs or alcohol.
Sexual activity with someone whom one should know to be — or based on the circumstances should reasonably have known to be — mentally or physically incapacitated, is a form of Sexual Misconduct.
Use of alcohol or other drugs will never function as a defense to a violation of this procedure.
“Investigator” is a person charged to investigate the civil rights complaint by the Title IX/EO Coordinator.
“Jurisdiction” applies to behaviors that take place on a CCCS campus, at CCCS sponsored events, and may also apply to off-campus and online behavior when the Title IX/EO Coordinator determines that the off-campus or online behavior affects a substantial CCCS interest.
“Quid Pro Quo” is a type of Sexual Harassment that exists when an employee conditions the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct, such as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
“Respondent” is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a Respondent can be a CCCS employee, student, authorized volunteer, guest, or visitor.
“Retaliation” is any adverse employment or educational action taken against a person because of the person’s participation, or perceived participation, in a complaint or investigation of discrimination and/or harassment. Retaliation includes acts to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege provided by applicable civil rights laws, policies and procedures.
“Sexual Misconduct” is a type of prohibited discrimination based on sex and includes, but is not limited to:
“Supportive Measures” are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to educational and employment programs and/or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational/employment environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. CCCS will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of CCCS to provide the supportive measures. The Title IX/EO Coordinator is responsible for coordinating the effective implementation of supportive measures.
“Other Civil Rights Offenses” include, but are not limited to, the following, when the act is based upon one or more actual or perceived protected classes: