Page 40 - 2022-2023 Mt. San Antonio College Student Handbook & Planner

Affirmative Consent - Consensual sexual activity requires an ongoing Affirmative Consent for the act in which the participants are involved. More specifically, Affirmative Consent means an expressed, affirmative, conscious, mutual, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that each person has the Affirmative Consent of the other, or others, to engage the sexual activity.
Lack of protest or resistance does not mean Affirmative Consent, nor does silence mean consent. There is no Affirmative Consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used to obtain Affirmative Consent. Affirmative Consent must be ongoing throughout a sexual activity and can be revoked at any time.
The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never, by itself, be assumed to be an indicator of Affirmative Consent.
If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no Affirmative Consent; this includes impairment or incapacitation due to alcohol or drug consumption or being asleep or unconscious. A person with a medical or mental disability may also lack the capacity to give Affirmative Consent.
Sexual activity with a minor (under 18 years old) is never consensual because a minor is considered incapable of giving legal consent due to age.
Domestic Violence - intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself or another, or a felony or misdemeanor crime of violence, committed:
1. By a current or former spouse or intimate partner of the victim;
2. By a person with whom the victim shares a child in common;
3. By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
4. By a person similarly situated to a spouse of the victim 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 victim 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.
Dating Violence - intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself or another, or a felony or misdemeanor crime of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim is Dating Violence. The existence of such a relationship shall be determined based on a consideration of the following factors: 1. The length of the relationship;
2. The type of relationship; and/or
3. The frequency of interaction between the persons involved in the relationship.
Stalking - a Course of Conduct directed at a specific person that would cause a Reasonable Person to fear for the safety of self or others’ safety or to suffer Substantial Emotional Distress.
For purposes of this definition:
1. Course of Conduct - two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a person’s property;
2. Reasonable Person - a reasonable person under similar circumstances and with the same Protected Category as the Complainant; and
3. Substantial Emotional Distress - significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.
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