IV. Sexual Harassment and Retaliation

Only allegations of Sexual Harassment, alleged to have occurred within TCC’s Education Programs or Activities, and Retaliation (as defined by this Policy) are addressed under this Policy. Sexual Harassment and Retaliation, as defined by this Policy, are prohibited within all of TCC. TCC will respond promptly and effectively to reports of Sexual Harassment and/or Retaliation, as outlined in this policy. Other forms of sex discrimination, sexual harassment, and sexual misconduct remain prohibited by each Institution in its individual policies. [1]

This section provides the definitions of Sexual Harassment and Retaliation, for purposes of this Policy.

Sexual Harassment is conduct on the basis of sex that satisfies one or more of the following:

  1. An employee of TCC conditioning the provision of an aid, benefit, or service of the Institution on an individual’s participation in unwelcome sexual conduct (also known as quid pro quo Sexual Harassment).
    • Complainant’s statement that they found the conduct to be unwelcome is sufficient to constitute “unwelcome conduct.”
  2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to TCC’s Education Programs or Activities.
    • “Unwelcome conduct” depends on a variety of factors and must be evaluated in light of the known circumstances.
    • “Severe, pervasive, and objectively offensive” must be evaluated in light of the known circumstances, and is dependent on the facts in each situation.  However, this element must be determined from the perspective of a reasonable person standing in the shoes of the Complainant.
  3. Sexual assault (as defined in the Clery Act), or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA).
    • A single instance of any conduct as defined below is sufficient to constitute Sexual Harassment. Any instance of any of the conduct defined below does not need to demonstrate severity, pervasiveness, objective offensiveness, or denial of equal access to education or employment, because denial of equal access is assumed.

Sexual Assault

As defined in the Clery Act (20 USC 1092(f)(6)(A)(v)), Sexual Assault is: an offense that meets the definition of rape, fondling, incest, or statutory rape, as used in the FBI’s Uniform Crime Reporting (UCR) Program. The relevant FBI UCR definitions are as follows:

Rape

The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.

Fondling

The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of age or permanent mental incapacity.

Incest

Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape

Sexual intercourse with a person who is under the statutory age of consent. In California, the statutory age of consent is 18.

Dating Violence

 As defined in VAWA (34 USC 12291(a)(10)), Dating Violence is: violence committed by a person:

  • Who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and,
  • Where the existence of such a relationship shall be determined based on a consideration of the following factors:
    • The length of the relationship;
    • The type of relationship; and,
    • The frequency of interactions between the persons involved in the relationship.

Domestic Violence

As defined in VAWA (34 USC 12291(a)(8)), Domestic Violence is: acts that include felony or misdemeanor crimes of violence committed by one of the following:

  • A current or former spouse or intimate partner of the Complainant;
  • A person with whom the Complainant shares a child in common;
  • A person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner;
  • A person similarly situated to a spouse of the Complainant under the domestic or family violence laws of the state of California; or,
  • Any other person whose acts an adult or youth Complainant is protected from under the domestic or family violence laws of the state of California.

Stalking

As defined in VAWA (34 USC 12291(a)(30), Stalking is: engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  • Fear for their safety or the safety of others; or,
  • Suffer substantial emotional distress.

Retaliation

No recipient or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or this Policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.

Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or Sexual Harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of Sexual Harassment, for the purpose of interfering with any right or privilege secured by Title IX or this Policy, constitutes Retaliation.

[1] Behavior which does not fall under this Policy’s definition of Sexual Harassment may be addressed through other policies and processes, such as those under the Institution’s student codes of conduct, civil rights policies, discrimination and harassment policies, and/or any other applicable policy adopted by an individual Institution.