Definitions

Awareness Program

Community-wide and audience specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.

Bystander Intervention

Safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. This includes recognizing situations of potential harm and understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking actions to intervene.

Complainant (Reporting Party)

A person who reports he or she has been subjected to discrimination, harassment, or related retaliation.

Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

For the purposes of this definition:

  1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
  2. Dating violence does not include acts covered under the definition of domestic violence.
Domestic Violence

A felony or misdemeanor crime of violence committed--

  1. By a current or former spouse or intimate partner of the reporting party;
  2. By a person with whom the reporting party shares a child in common;
  3. By a person who is cohabitating with, or has cohabitated with, the reporting party as a spouse or intimate partner;
  4.  By a person similarly situated to a spouse of the reporting party under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
  5.  By any other person against an adult or youth reporting party who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Harassment

Verbal, emotional, or physical conduct related to a person’s protected class that unreasonably interferes with an individual’s work or academic performance or creates an intimidating or hostile work or educational environment.

Hostile Environment

Unwelcome conduct by an individual or individuals against another individual based upon her/ his protected class that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile, or offensive.

Impaired

Temporary incapacity to evaluate or control conduct, because the person is unconscious, asleep, intoxicated or under the influence of drugs or for any other reason is physically unable to communicate or grant consent.

Incapacitation/Impairment

Incapacity to evaluate or control conduct, because an individual is unconscious, asleep, intoxicated, or under the influence of other drugs or, for any other reason, physically, mentally or legally unable to communicate or grant consent.

Intimidation

Unlawfully placing another person in reasonable fear of bodily harm through the use of threat­ening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

Non-Responsible Employees

Contracted or third-party employees who are not mandated reporters and do not have to report any disclosures of sexual misconduct to the Title IX Coordinator.

Respondent (Responding Party)

A person who is charged with committing acts of discrimination, harassment, or retaliation.

Responsible Employee

A university employee who has the authority to redress sexual violence, who has the duty to report incidents of sexual violence or other student misconduct, or who a student could reasonably believe has this authority or duty. A responsible employee must report to the Title IX Coordinator all relevant details about the alleged sexual violence shared by the victim and that the university will need to determine what happened – including the names of the victim and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident.

Retaliation

An individual’s adverse action against another person because that person has filed a complaint or participated in an investigation. Retaliation is prohibited by Cal Lutheran University policy.

Sexual Assault

Any sexual act directed against another person, without the consent of the reporting party, including instances where the reporting party is incapable of giving consent. This includes, but is not limited to:         

                  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 reporting party

                  Fondling

The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the reporting party, including instances where the reporting party is incapable of giving consent because of his/her age or because of his/her temporary 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.

Sexual Harassment

Any sexual advances, requests or demands for sexual favors and other physical, verbal or visual conduct of sexual nature constitute sexual harassment when:

  1. Such conduct has the purpose or effect of substantially interfering with an individual’s work or academic performance, creating an intimidating, hostile or offensive work, learning, living or campus environment; or
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or
  3. Submission to such conduct is made either explicitly or implicitly a term of condition of an individual’s employment or academic programs.
Sexual Violence

Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the person’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the person from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

Stalking

The act of willfully, maliciously, and repeatedly following or willfully and maliciously harassing another person and making a credible threatwith the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family or suffer substantial emotional distress.

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