Definitions

Definitions of Prohibited Conduct

Conduct Prohibited by the UC SVSH Policy (pages 3-7)

• Sexual Violence:

1. 1. Sexual Assault - Penetration: Without the consent of the Complainant, penetration, no matter how slight, of:
      1. the Complainant’s mouth by a penis or other genitalia; or
      2. the Complainant’s vagina or anus by any body part or object.
   2. Sexual Assault - Contact: Without the consent of the Complainant, intentionally:
      1.  touching Complainant’s intimate body part (genitals, anus, groin, breast, or buttocks);
      2. making the Complainant touch another or themselves on any intimate body part; or
      3. touching the Complainant with one’s intimate body part, whether the intimate body part is clothed or unclothed.
         Note: This definition encompasses a broad spectrum of conduct, not all of which is sexual violence. So, the Title IX Officer must sometimes determine whether an allegation should be charged as sexual violence or sexual harassment. (See FAQ #4 for more information.)
         Note 2 (not included in SVSH Policy): for purposes of Clery compliance, "Acquaintance Rape" falls under sexual assault. Aquaintance rape is a form of sexual violence 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. 

Conduct that meets the definition of both Sexual Assault—Contact and Sexual Assault—Penetration will be charged as Sexual Assault—Penetration.

Note: Sexual Assault—Penetration and Sexual Assault—Contact are aggravated when they include any of the following: 

• Overcoming the will of Complainant by:  
  • force (the use of physical force or inducing reasonable fear of immediate or future bodily injury);  
  • violence (the use of physical force to cause harm or injury); 
  • menace (a threat, statement, or act showing intent to injure);  
  • duress (a direct or implied threat of force, violence, danger, hardship, or retribution that is enough to cause a reasonable person of ordinary sensitivity, taking into account all circumstances including age and relationship (including a power imbalance), to do or submit to something that they would not otherwise do); or  
  • deliberately causing the Complainant to be incapacitated (for example, through drugs or alcohol); •

• Deliberately taking advantage of the Complainant’s incapacitation (including incapacitation that results from voluntary use of drugs or alcohol); 
• Recording, photographing, transmitting, or distributing intimate or sexual images of Complainant without Complainant’s prior knowledge and consent; or 
• Engaging in the conduct during or in connection with a clinical encounter (as defined in Appendix V) in which the Complainant was a patient and the Respondent was a health care provider or health care worker.  

• Relationship Violence: 

1. 1. Relationship Violence is:  
      1. physical violence toward the Complainant or a person who has a close relationship with the Complainant (such as a current or former spouse or intimate partner, a child or other relative), or  
      2. intentional or reckless physical or non-physical conduct toward the Complainant or someone who has a close relationship with the Complainant (such as a current or former spouse or intimate partner, a child or other relative) that would make a reasonable person in the Complainant’s position fear physical violence toward themselves or toward the person with whom they have the close relationship, that is by a person who is or has been in a spousal, romantic, or intimate relationship with the Complainant, or who shares a child with the Complainant, and that is part of a pattern of abusive behavior by the person toward the Complainant.

1. Physical violence is physical conduct that intentionally or recklessly threatens the health and safety of the recipient of the behavior, including assault. 
2. Patterns of abusive behavior may consist of or include non-physical tactics (such as threats, isolation, property destruction, abuse of pets, economic control, displaying weapons, degradation, or exploitation of a power imbalance). 
3. The nature of the relationship between the Complainant and Respondent is determined by the length and type of relationship, and the frequency of interaction between them. Relationship violence includes both “dating violence” and “domestic violence.”
4. Conduct by a party in defense of self or another is not Relationship Violence under this Policy. If either party asserts that they acted in defense of self or another, the Title IX Officer will use all available, relevant evidence to evaluate the assertion, including reasonableness of the defensive actions and which party is the predominant aggressor.

• Stalking: Repeated conduct directed at a Complainant (for example, following, monitoring, observing, surveilling, threatening, communicating or interfering with property), of a sexual, romantic or other sex-based nature or motivation, that would cause a reasonable person to fear for their safety, or the safety of others, or to suffer substantial emotional distress. Stalking that is not sex-based is addressed by other University policies including but not limited to the Policy on Student Conduct and Discipline Section 102.10.

• Sexual Exploitation: 
  1. Sexual Exploitation is taking sexual advantage of another, where the conduct is not otherwise addressed in this Policy, in the following circumstances: 
     1. The trafficking or prostituting of another without their consent: Inducing the Complainant to perform a commercial sex act through force, fraud, or coercion, or where the Complainant is under the age of 18; 
     2. Knowingly making a material false representation about sexually transmitted infection, birth control, or prophylactic status with the specific intent and effect of inducing the Complainant to participate in a specific sexual act or encounter; 
     3. Providing alcohol or drugs to the Complainant with the specific intent and effect of facilitating Prohibited Conduct; or 
     4. Actively facilitating or assisting another person in committing Prohibited Conduct. 
  2. As used in the above definition of Sexual Exploitation:
     1. Coercion is overcoming the will of Complainant through:  credible threats of serious physical or non-physical harm to the Complainant or another person; 
        1. a plan intended to make the Complainant believe that failure to perform an act would result in serious physical or non-physical harm to the Complainant or another person; or  
        2. the abuse or credible threat of abuse of a legal or University policy process. 
     2. A commercial sex act is any sex act for which anything of value is given to or received by any person. 
     3. Force is physical conduct that would reasonably overcome the will of another. 
     4. Fraud is intentional deception that would reasonably overcome the will of another.

•  Sexual Harassment: 

1. 1. 1. Sexual Harassment is when: 
         1. Quid Pro Quo: a person’s submission to unwelcome sexual conduct is implicitly or explicitly made the basis for employment decisions, academic evaluation, grades or advancement, or other decisions affecting participation in a University program or activity; or 
         2. Hostile Environment: unwelcome sexual or other sex-based conduct is sufficiently severe, persistent or pervasive that it unreasonably denies, adversely limits, or interferes with a person’s participation in or benefit from the education, employment or other programs or activities of the University, and creates an environment that a reasonable person would find to be intimidating or offensive. 
      2. Sexual conduct includes sexual or romantic advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. 
      3. Other sex-based conduct includes acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on gender, gender identity, gender expression, sex- or gender-stereotyping, or sexual orientation. 
      4. Consideration is given to the totality of the circumstances in which the conduct occurred.  
      5. This Policy will be implemented in a manner that recognizes the importance of the rights to freedom of speech and expression and will not be interpreted to prohibit expressive conduct that is protected by the free speech and academic freedom principles discussed in Section III.F.

• Other Prohibited Behavior: 

• Invasions of Sexual Privacy.

1. 1. 1. Without a person’s consent, watching or enabling others to watch that person’s nudity or sexual acts in a place where that person has a reasonable expectation of privacy;
      2. Without a person’s consent, making or attempting to make photographs (including videos) or audio recordings, or posting, transmitting or distributing such recorded material, depicting that person’s nudity or sexual acts in a place where that person has a reasonable expectation of privacy; 
      3. Using depictions of nudity or sexual activity to extort something of value from a person; or. 
      4. Threatening to post or share depictions of nudity or sexual activity unless a person takes a particular action. 
   2. Sexual intercourse with a person under the age of 18. 
   3. Exposing one’s genitals in a public place for the purpose of sexual gratification.
   4. Failing to comply with the terms of a no-contact order, a suspension of any length, or any order of exclusion issued under this Policy.
   5. Engaging in Retaliation. Retaliation is an adverse action against a person based on their report or other disclosure of alleged Prohibited Conduct to a University employee, or their participation in, refusal to participate in, or assistance with the investigation, reporting, remedial, or disciplinary processes provided for in this Policy. 

An adverse action is conduct that would discourage a reasonable person from reporting Prohibited Conduct or participating in a process provided for in this Policy, such as threats, intimidation, harassment, discrimination and coercion. Good faith actions lawfully pursued in response to a report of Prohibited Conduct (such as gathering evidence) are not, without more, retaliation. 

Note One: To determine whether conduct is DOE-Covered Conduct the Title IX Officer will do the assessment and apply the definitions in Appendix IV. The definitions here are broader than and encompass all conduct included in the Appendix IV definitions. 

Note Two: When Prohibited Conduct allegedly occurs in the context of patient care, the Title IX Officer will refer to Appendix V and, when indicated, apply the definitions in that Appendix.