Page 43 - Mt. San Antonio College Planner & Student Handbook 2024-2025

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.
Sexual harassment is defined as unwelcomed advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature made by someone from or in the work or educational setting, under any of the following conditions:
1. Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
2. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
3. The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
4. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.
Sexual Harassment is a form of harassment based on sex/gender, gender identity, gender expression, or sexual orientation. Individuals of any gender can be the target or sexual harassment. Sexual harassment does not have to be motivated by sexual desire.
"Quid pro quo" sexual harassment occurs when an individual makes educational or employment benefits conditional upon sex/gender, gender identity, gender expression, or sexual orientation.
"Hostile environment" sexual harassment occurs when unwelcome conduct, based sex/gender, gender identity, gender expression, or sexual orientation, is sufficiently severe or pervasive so as to unreasonably interfere with an individual's academic or work performance; or create an intimidating, hostile, or offensive learning or working environment. The victim must subjectively perceive the environment as hostile, and the harassment must be such that a reasonable person would perceive the environment as hostile.
Sexually harassing conduct can occur between people of the same or different genders. The standard for determining whether conduct constitutes sexual harassment is whether a reasonable person in the shoes of the victim would perceive the conduct as sufficiently severe or pervasive, and based on sex/gender, gender identity, gender expression, or sexual orientation.
Examples of sexual harassment include unwanted, uninvited, unsolicited verbal or written contacts; physical, verbal or nonverbal behavior that is sexual in nature or is hostile, demeaning, or intimidating; sexual advances or requests for sexual favors; sexual comments, jokes, or innuendoes; stalking; or leering with intention to harass, intimidate, threaten, retaliate or create conflict, including the use of electronic means of communication.
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