Sexual Misconduct Statement and Information

Board Policy 3540
Administrative Procedure 3540

Sexual assault is defined as any kind of unwanted sexual contact. This includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery or threat of sexual assault. Sexual violence may include sexual assault, rape, date rape, acquaintance rape, domestic violence, stalking, dating violence, forcing a person to watch/engage in pornography, harassment, exposing/flashing, voyeurism and/or fondling.

Any sexual violence or physical abuse, including but not limited to rape as defined by California law, whether committed by a student, faculty, staff or visitor that occurs on district property, on college-owned or controlled property, at college-sponsored or supervised functions or related to or arising from college attendance or activity is a violation of Citrus College Board Policies and Administrative Procedures and is subject to all applicable punishment, including criminal procedures and/or civil prosecution and employee or student discipline procedures. Students, faculty, staff and visitors who may be victims of sexual or other assaults shall be treated with dignity and provided comprehensive assistance.

Any sexual violence against the wishes and without the affirmative consent of the violated person, whether by a stranger or by an acquaintance, whether against a woman or a man, is a violation of the law. "Affirmative consent" means affirmative, conscious and voluntary agreements to engage in sexual activity. It is active, not passive. Silence, in and of itself, is not consent. Prior consent is not consent to future acts. A person must be fully conscious and aware of their actions to be able to give consent. This means that a person who is asleep, drugged, intoxicated, unconscious, a minor or an individual with a cognitive or developmental disability or who is otherwise incapacitated cannot give consent. Intercourse under any of these circumstances is rape.

• Both partners must be equally free to act. The decision to be sexually intimate must be made without coercion.
• Both partners have the right to revoke their consent at any time during sexual activity by actively (verbally or non-verbally) communicating their desire to stop the activity.

Board Policy 7102
Administrative Procedure 7102.1

Sexual harassment consists of unwelcome sexual advances, requests for sexual favors and other conduct of sexual nature when:

1. submission to the conduct is made a term or condition of an individual's academic status or progress;
2. submission to, or rejection of, the conduct by the individual is used as a basis of academic decisions affecting the individual;
3. the conduct is so severe, pervasive and objectively offensive that the victim is effectively denied access to an educational opportunity or benefit; or
4. submission to or rejection of such conduct by an individual is used as the basis for decisions affecting that individual's access to benefits, services, programs or activities offered at or through the community college.

Any student, faculty, staff or visitor who believes that he/she has been harassed or retaliated against in violation of Board Policy 7102 should immediately report such incidents by following the procedure described in Administrative Procedure 7102.1 entitled "Prohibition of Harassment: Students and Employees."​

• Supervisors are mandated to report all incidents of harassment and retaliation that come to their attention.
• Employees who violate the policy and procedures may be subject to disciplinary action up to and including termination.
• Students who violate this policy and related procedures may be subject to disciplinary measures up to and including expulsion.

Sexual misconduct is a term used to describe any sexual contact or activity that occurs without the affirmative consent of any individual involved. It may include, but is not limited to: sexual assault, sexual violence, dating violence, domestic violence and stalking.​

​​​Sexual assault is a crime of violence. A large percentage of sexual assaults involve the use of weapons, or the threat of violence or death. Rapists often look for potential victims who appear weak or vulnerable; however, anyone can be a victim of a sexual assault, regardless of behavior or appearance. Rape can happen to any person, anywhere or anytime. In a significant number of cases, the rapist is known to the victim.

Rape is not just an act committed in a dark alley by an assailant the victim has never met. Over half of the assualts occur at or near the victim's home and in 80% of cases the perpetrator is known to the victim. These facts challenge common myths and highlight that rape is not usually an attack by a stranger in a dark alley. You can be aware without being afraid.

There are harmful myths that suggest rape is the result of uncontrollable sexual desire, that victims provoke assault by how they dress or act, or even that some people "want" to be raped. These beliefs are completely false and perpetuate dangerous misunderstandings about sexual violence.

Rape is not an act of passion — it is a violent crime. It is a hostile, aggressive act intended to dominate, control and humiliate the victim. At its core, rape is about power, not desire.

In the State of California, any sexual act committed against a person's will is a criminal offense. According to California Penal Code Sections 261 and 263, rape is defined as non-consensual sexual intercourse accomplished through force, violence, duress, menace or fear of immediate bodily injury. Even the slightest sexual penetration is enough to constitute rape under the law.

While no one is ever to blame for being assaulted, there are steps you can take to increase personal safety and reduce vulnerability in certain situations:

1. Avoid walking alone after dark. Travel with a friend, use campus escort services or call for a ride if needed.

2. Consider self-defense training. A reputable class can teach you awareness, assertiveness and physical defense techniques.

3. Get involved. Learn about legislation and policies that affect your rights and safety. Contact lawmakers to advocate for gender equity and survivor support.

4. If followed, act immediately. Cross the street, change directions or head toward the nearest public place and seek help.

5. Keep your hands free. When possible, avoid carrying items that prevent you from reacting quickly or defending yourself.

6. Let someone know your plans. Call a friend, roommate or family member before heading home so they're aware of your expected arrival.

7. Lock doors at all times. Keep your vehicle and home secured, even when you're inside or only stepping away briefly.

8. Project confidence. Walk with purpose and stay alert to your surroundings. Attackers are less likely to target someone who appears aware and self-assured.

9. Stay in well-lit, populated areas. Avoid isolated places — especially at night or when alone.

Important Note: No safety tip can guarantee prevention. If an assault occurs, it is never the victim's fault. The responsibility always lies with the perpetrator.

• ​When dating someone for the first time, seriously consider doing so in a group situation or meeting the person at a public place. This will allow you assess your date's behavior in a relatively safe environment.

• Watch for inclinations that your date may be a controlling or dominating person who may try to control your behavior. A person who plans all activities and makes all decisions during a date may also be inclined to dominate in a private setting.

• If the person drives and pays for all expenses, they may think they are justified in using force to get "what they paid for." If you cover some of the expenses, they may be less inclined to use this rationale to justify acting in a sexually coercive manner.

• Avoid using alcohol or other drugs when you definitely do not wish to be sexually intimate with your date. Consumption of alcohol and/or other drugs, by both victim and perpetrator, is commonly associated with acquaintance rape. Drug intoxication can both diminish your capacity to escape from an assault and reduce your date's reluctance to engage in assaultive behavior.

• Avoid behavior that may be interpreted as "teasing." Clearly state what you do and do not wish to do in regard to sexual contact. Such direct communication can markedly reduce a person's inclinations to force unwanted sexual activity or to "feel led on."

• If your date or partner continues to behave in a sexually coercive manner after you've clearly communicated your lack of consent, you have every right to take steps to protect yourself.

  Research suggests that using a strategy of escalating assertiveness — starting with a direct verbal refusal, followed by a firm and unequivocal protest and, if necessary, physical resistance — can be effective in some situations.

  For instance, in one study, the response most likely to deter unwanted advances was a clear and forceful verbal statement such as:

  "This is rape and I'm calling the police."

  
  If verbal communication is ignored or ineffective, reinforcing your refusal with physical resistance — such as pushing, slapping, biting, kicking or clawing — may deter the aggressor and signal the seriousness of the situation.

  Studies have shown that individuals are more likely to recognize that their behavior is inappropriate or constitutes sexual assault when the person they are targeting protests both verbally and physically.

  Using physical force is a personal decision and may not always be safe or possible. Lack of resistance does not equal consent, and no one is ever to blame for being assaulted — regardless of how they respond in the moment. The responsibility always lies with the perpetrator.

If you have experienced rape or sexual assault, know that you are not alone and it is not your fault. The following steps may help ensure your safety, preserve evidence and begin the process of healing:

• Get to a safe place.
  Your immediate safety is the top priority. Go somewhere secure, such as a friend's home, public place or shelter.

• Call someone you trust.
  Reach out to a trusted friend, family member or support person who can be with you and offer emotional support.

• Consider reporting the assault.
  Reporting a rape — whether completed or attempted — is your choice. The information you provide may help prevent future assaults. Try to recall and write down any details about the attacker: physical description, voice, clothing, vehicle or anything unusual (e.g., smell, tattoos, accents).

• Preserve evidence.
  If you decide to report or may want to later:
  – Do not bathe, shower, brush your teeth, eat, drink or change your clothes before seeking medical care.
  – Evidence like semen, hair or material under your fingernails or on clothing can be helpful for investigators and prosecutors.

• Seek medical care.
  Visit a hospital or clinic as soon as possible for:
  – A sexual assault forensic exam (SAFE) (commonly known as a rape kit)
  – Emergency contraception and STI testing/treatment
  – Documentation of injuries for legal purposes

• Contact a rape crisis center.
  Trained advocates can offer confidential support, help you understand your rights, connect you with resources and accompany you to the hospital or police, if you choose. If you can't make the call yourself, ask a trusted person or police officer to do it for you.

• Be kind to yourself.
  Many survivors wrongly blame themselves after an assault. Remember: the responsibility lies with the perpetrator, not you. No one ever deserves to be assaulted, regardless of circumstances.

If you find yourself in a threatening or potentially dangerous situation, your safety is the top priority. While no single response is right for every person or every situation, here are strategies that may help:

• Stay as calm as possible.
  Take a deep breath and assess your options. Think about what response might help you stay safest — whether that means resisting, escaping or de-escalating.

• Use a firm, direct voice.
  Say "No!" strongly and clearly. Avoid smiling or appearing friendly, as these cues can sometimes be misread. A strong, assertive tone can help communicate your boundaries.

• Name the behavior.
  If possible, say something like:

  "Stop! This is sexual assault!" or "This is rape and I will report you."

  
  Clearly identifying the behavior can sometimes stop an assailant or alert bystanders.

• If unarmed and safe to do so, physically resist.
  If the attacker is not armed and you believe fighting back could help, aim for vulnerable areas such as the eyes, throat or groin. Yell "FIRE!" instead of "help" to attract more attention and escape as soon as possible.

• If the attacker is armed, prioritize survival.
  When weapons are involved, physical resistance can increase danger. Consider strategies such as talking, stalling or using passive resistance (e.g., pretending to faint, vomit or urinate). These tactics have helped some survivors escape — but trust your instincts and do what feels safest in the moment.

Remember: There is no "right" way to respond to assault. Whether you fight, freeze, flee or comply for survival, you are not at fault. Every response is valid. Your goal is to survive the situation however you can.

• NAMI San Gabriel Valley "If In Crisis" Hotlines

• National Domestic Violence Hotline · (800) 799-7233

• National Sexual Violence Resource Center (NSVRC) Victim/Survivor Support in California

• Rape, Abuse and Incest National Network (RAINN) organizes the National Sexual Assault Telephone Hotline. The hotline is a referral service that can put you in contact with your local rape crisis center. You can call the Hotline at (800) 656-4673 or access RAINN's online chat service.

Get medical care as soon as possible to assess and treat any physical injuries and to preserve evidence, should you choose to report the assault. You may go directly to a hospital emergency room for care.

• Foothill Presbyterian Hospital · (626) 963-8411
• Glendora Police Department · (626) 914-8250

There are several off-campus, confidential resources available to provide support services during this time. These include, but are not limited to:

• Project SISTER Sexual Assault Crisis and Prevention Services
  Offers immediate crisis assistance in seven languages, seven days a week. They also provide accompaniment and advocacy services, including trained volunteers who support survivors at hospitals, police stations and court proceedings. Project SISTER is dedicated to reducing the incidence and trauma of sexual assault in the West San Gabriel and Pomona Valleys.

• Rape Treatment Center UCLA Health · (424) 259-7208
  24 hour emergency care
  1250 16th St, Santa Monica, CA 90404
  Provides free rape exams with police authorization. Exams are also available without police involvement, although law enforcement presence is strongly encouraged.

The Title IX coordinator exercises discretion and makes every effort to protect the privacy of all individuals involved in reports of sexual harassment or misconduct. However, unless specifically designated as confidential, most individuals and departments on campus are required to report such disclosures to the director of employee relations and Title IX.

If you have experienced any form of sexual misconduct and wish to speak with someone confidentially about your rights, options and available support, you are encouraged to contact a confidential resource.

Sexual assault, including rape and other serious felony offenses, must be reported immediately to the Glendora Police Department. All incidents of sex-related crimes — including indecent exposure — reported to Citrus College Campus Safety will be documented and forwarded promptly to the investigations division of the Glendora Police Department. If a survivor chooses to withhold personal identifying information, campus safety will submit a "Jane Doe" or "John Doe" report in accordance with the Family Educational Rights and Privacy Act (FERPA).

Retaliation against anyone who engages in the protected activity of reporting sexual harassment or sexual misconduct is strictly prohibited. Any retaliation should be promptly reported to the director of employee relations and Title IX at (626) 914-8830.

If you have experienced sexual misconduct or have information about an incident of sexual violence on campus, you are strongly encouraged to report it immediately by calling 911 or contacting the local police or sheriff's department in the city where the incident occurred.

If the perpetrator is a student at Citrus College, you may also report the incident to the director of employee relations and Title IX at (626) 914-8830, in addition to notifying law enforcement. Reporting to the police does not obligate you to pursue legal action — it simply ensures that your report is documented and that support resources can be offered.