Page 39 - 2022-2023 Mt. San Antonio College Student Handbook & Planner
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                complaints of discrimination, harassment and retaliation. Students who believe they have been the target of unlawful discrimination, harassment or retaliation may initiate their complaint with the contact person listed on the next page.
Sokha Song, Ed.D.
Vice President, Human Resources & Title IX Coordinator Human Resources (Building 4, Room 1460) 909-274-4225
SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING
(Board Policies 3430, 3540, 5500, AP3434, California Education Code sections 67386, 76033, California Penal Code, sections 240, 242, 243.4, 261-266, 34 C.F.R.§ 668.46)
Sexual assault, domestic violence, dating violence and stalking are crimes that are not tolerated on this campus. Mt. San Antonio College has adopted Board Policies and procedures designed to prevent sexual crimes, stating sanctions for offenders, and supporting access to treatment and information for victims. All applicable punishment, including criminal charges, and/or employee or student disciplinary action, shall be applied whether the violator is an employee, student or member of the general public.
Sexual assault, domestic violence, dating violence, and stalking are difficult topics to discuss, but it is important that you have information to help reduce the risk of an assault and obtain immediate help should an assault occur. The following pages delineate on what to do if an assault occurs, where to get help, and to whom to report the incident.
Sexual Misconduct - Sexual Misconduct is defined as engaging in any sexual activity without first obtaining Affirmative Consent to the specific sexual activity. Sexual activity includes, but is not limited to, kissing, touching intimate body parts, fondling, intercourse, penetration of any intimate body part, and oral sex. It also includes any unwelcome physical sexual acts such as unwelcomed sexual touching, Sexual Assault, Sexual Battery, Rape, and Incest.
Sexual Misconduct may include using physical force, violence, threat, or intimidation; ignoring the objections of the other person; causing the other person’s intoxication or incapacitation through the use of drugs or alcohol; or taking advantage of the other person’s incapacitation (including voluntary intoxication) to engage in sexual activity. Sexual activity with a minor is never consensual when the Complainant is under 18 years old because the minor is considered incapable of giving legal consent due to age. Incest is also a form of Sexual Misconduct.
Sexual Assault - Actual or attempted sexual contact with another person without that person’s Affirmative Consent. Sexual Assault includes, but is not limited to, Sexual Battery, Rape, or an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another because of that person’s gender or sex.
Sexual Exploitation is defined under California Education Code 76033 as a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, regardless of the victim’s affiliation with the community college, including, but not limited to, any of the following:
1. Prostituting another person.
2. Recording images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent.
3. Distributing images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure and objected to the disclosure.
4. Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire.
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