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 an 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 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 visitor who may be victims of sexual and 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, mentally impaired, or 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.