Advisor
A person chosen by a party or appointed by De Anza College to accompany the party
to meetings with the investigator, the resolution process, to advise the party on
the grievance process, and to conduct cross-examination for the party at the live
hearing, if one commences.
Campus Sexual Violence Elimination Act (Campus SaVE)
The Campus Sexual Violence Elimination Act (Campus SaVE) was enacted in March 2013,
and amends the Jeanne Clery Act, creating additional protections for victims of dating
violence, domestic violence, sexual assault and stalking, as well as creating more
prescriptive requirements for prevention and awareness programs related to these offenses.
Clery Act
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act (20 USC § 1092(f)), commonly referred to as the Clery Act, requires colleges and
universities that participate in federal financial aid programs to report annual statistics
on crime on or near their campuses—including sexual assault and rape—and to develop
and disseminate prevention policies.
Complainant
An individual who is alleged to be the victim of sexual harassment or assault, or
retaliation for engaging in a protected activity.
Confidentiality
The college's policy states that names of individuals involved in sexual misconduct
cases will not be disclosed by the college, except on a need-to-know basis or as required
by law. Confidentiality is not the same as anonymity—which means not being named or
personally identified.
Confidential Employees
Confidential employees include only certain, specific individuals on our campus whom
are exempt from the reporting requirements of other college employees. These individuals
include licensed, professional mental health counselors working in that role through
the Psychological Services Office at Foothill.
Consent
The Foothill-De Anza Community College District Sexual Harassment and Sexual Assault
Policy requires consent to be affirmative, unambiguous and continuous, given freely
by someone who has the ability to consent. Consent cannot be given when a person
is incapacitated.
Dating Violence
Violence committed by a person against another person with whom he or she has been
in a relationship of a romantic or intimate nature. The existence of such a relationship
will be determined based on a consideration of the length of the relationship, the
type of relationship, and the frequency of interactions between the persons involved
in the relationship. (This definition is based on the VAWA definition 42 U.S.C. 13925 (a).)
Domestic Violence
Domestic violence is abuse or threats of abuse when the person being abused and the
abuser are or have been in an intimate relationship (married or domestic partners,
are dating or used to date, live or lived together, or have a child together). It
is also when the abused person and the abusive person are closely related by blood
or by marriage. See complete definition at
courts.ca.gov
Formal Grievance Process
A method of formal resolution designated by De Anza College to address conduct that
falls within the Foothill-De Anza District policies and which complies with the requirements
of the Title IX regulations (34 CFR §106.45).
Human Trafficking
A form of modern-day slavery where traffickers lure victims with false promises of
employment or a better life. Traffickers recruit, transport, or obtain victims by
force for the purpose of exploiting them. Human trafficking is divided into two categories:
sex and labor trafficking.
Investigator
A person(s) assigned by the Title IX Coordinator to gather facts about an alleged
violation of the Title IX Policy, assess relevance and credibility, compile evidence,
and document information into an investigative report, and file of directly related
evidence.
Parties
Include the Complainant(s) and Respondent(s), collectively.
Respondent
An individual who has been reported to be the perpetrator of conduct that could constitute
sexual harassment or retaliation for engaging in a protected activity.
Responsible Employee
An employee who has the authority to take action to redress sexual violence, who has
been given the duty of reporting incidents of sexual violence or any other misconduct
by students to the Title IX coordinator or other appropriate college designee, or
whom a student could reasonably believe has this authority or duty.
This includes, but is not limited to:
- Instructors, including full-time professors, adjunct professors, lecturers, and others
who offer classroom instruction or office hours to students
- Academic Counselors
- Coaches, trainers, and other athletic staff who interact directly with students
- Administrators
- Most classified employees who work in offices that interact with students
- Supervisors and college officials
Retaliation
Intimidation, threats, harassment, adverse changes in work or academic environments—or
other adverse actions threatened or taken against a complainant or a third party—in
an attempt to retaliate against, prevent, or otherwise obstruct the reporting of sexual
misconduct.
Sexual Assault
Any unwanted, non-consensual sexual act in which a person is threatened, coerced or
forced to comply against their will, or when a person is unable to give consent because
they are a minor, unconscious, asleep or incapacitated due to drugs or alcohol. A
perpetrator(s) of sexual assault may be known or unknown to the victim. He or she
could be a date, partner, spouse, acquaintance, family member or stranger.
Sexual Harassment
Sexual harassment is the umbrella category, including conduct on the basis of sex
that satisfies one or more of the following descriptions:
- A school employee conditioning educational benefit or service upon a person’s participation
in unwelcome sexual conduct (often called “quid pro quo” harassment)
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive and
objectively offensive that it effectively denies a person equal access to the school’s
education program or activity
- Sexual assault, rape, fondling, incest or statutory rape (as defined in the Clery
Act, 20 U.S.C.§1092(f))
- Dating violence, domestic violence or stalking (as defined by the Violence Against
Women Act (VAWA) 34 U.S.C.§12291(a))
Sexual Misconduct
Sexual harassment, sexual violence, dating violence, domestic assault, domestic violence,
rape, sexual assault, sexual exploitation, and stalking.
Sexual Violence
Physical sexual acts perpetrated against a person's will or when a person is incapable
of giving consent due to use of drugs or alcohol, or due to an intellectual disability
or other disability. Sexual violence includes rape, sexual assault, sexual battery,
and sexual coercion.
Stalking
A knowing or an intentional course of conduct involving repeated or continuing harassment
of another person that would cause a reasonable person to feel terrorized, frightened,
intimidated, or threatened and that actually causes the victim to feel terrorized,
frightened, intimidated, or threatened. The term does not include statutorily or constitutionally
protected activity.
Title IX Coordinator
Title IX Coordinator is at least one official designated by Foothill College to ensure
compliance with Title IX and the Title IX program. The Title IX Coordinator oversees
implementation of the Title IX policy. The Title IX Coordinator is responsible for
coordinating efforts related to the intake, investigation, resolution, and implementation
of supportive measures to stop, remediate, and prevent sexual harassment, and retaliation
prohibited under this the Title IX policy.
Violence Against Women Act
The Violence Against Women Act (VAWA) established federal legal definitions of domestic
violence, dating violence, sexual assault, and stalking.
In California, "Affirmative Consent" is defined as positive cooperation. Consent must be freely and voluntarily given, and participants must have knowledge
and understanding of the act. Consent cannot be given when force, threat of force,
coercion or fraud is used to gain compliance.