Title 5 Definitions

Age:

In respect to employment discrimination, refers to the chronological age of any individual who has reached his or her 40th birthday. (Ref. Cal. Govt. Code § 12926(b))

Complainant:

Any person who files a complaint of a violation of a board policy. Board policies are: BP 3410, 3430, 5500, 7700.

Confidentiality:

Information regarding the complaint may be shared on a “need to know” basis with other College employees, and with law enforcement, except for some limited exceptions.

Dating Violence:

Dating Violence is defined as violence, including but not limited to, sexual or physical abuse or the threat of such abuse 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:

the length of the relationship
the type of relationship
the frequency of interaction between the persons involved in the relationship

(Ref. 34 C.F.R.§ 668.46)

Disability (Mental or Physical):

Having a physical or mental condition that limits a major life activity. “Limits” means making the achievement of a major life activity difficult. “Limits” is determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. A “major life activity” is broadly construed and includes physical, mental, and social activities (such as walking, talking, seeing, hearing) and working; or
Having a known history of a qualifying impairment; or
Being regarded or treated as having or having had a qualifying impairment; or
Being regarded or treated as having or having had such an impairment that has no presently disabling effects but may become a qualifying impairment in the future.
Disability includes HIV and AIDS.

(Ref. Cal. Govt. Code § 12926 and Americans with Disabilities Act (ADA), 2008 Amendments)

Domestic Violence:

Domestic Violence is defined as 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 current or former spouse or intimate partner of the victim;
by a person with whom the victim shares a child in common;
by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
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
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.

(Ref. 34 C.F.R.§ 668.46 & Cal. Penal Code § 13700)

Genetic Information:

The person’s genetic tests.
The genetic tests of the person’s family members.
The manifestation of a disease or disorder in the person’s family members.
Any request for, or receipt of genetic services, or participation in clinical research that includes genetic services, by a person or any person’s family member: or
Genetic Information does not include information about the sex or age of any person.

(Ref. Cal. Govt. Code § 12926(g))

Gender Expression:

Inclusive of Gender Identity, meaning a person's gender - related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.

(Ref. Cal. Govt. Code § 12926(r))

Gender Identity:

Each person's internal understanding of their gender, or the perception of a person's gender identity, which may include male, female, a combination of male or female, neither male nor female, a gender different from the person's sex assigned at birth, or transgender. (Ref. 2 Cal. Code of Regs § 11030 (b))

Harassment:

Any hostile or offensive conduct based on gender, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, military status, or veteran status of any person can constitute prohibited harassment. (Ref. BP/AP 3430)

- Environmental Harassment:
  A hostile academic or work environment exists where it is permeated by sexual innuendo; insults or abusive comments directed at an individual or group based on gender, race, nationality, sexual orientation, disability, or other protected status; or gratuitous comments regarding gender, race, sexual orientation, disability, or other protected status that are not relevant to the subject matter of the class or activities on the job.
- Physical Harassment:
  Inappropriate or offensive touching, assault, or physical interference with free movement. This may include, but is not limited to, kissing, patting, lingering, or intimate touches; grabbing, pinching, leering, staring, unnecessarily brushing against; or blocking another person; or whistling or sexual gestures.
- Verbal Harassment:
  Inappropriate or offensive remarks, slurs, jokes, or innuendoes based on a person’s race, gender, sexual orientation, or other protected status. This may include, but is not limited to, inappropriate comments regarding an individual's body, physical appearance, attire, marital status, or sexual orientation; unwelcome flirting or propositions; demands for sexual favors; verbal abuse, threats, or intimidation; or sexist, patronizing, or ridiculing statements that convey derogatory attitudes based on gender, race, nationality, sexual orientation, disability, or other protected status.
- Visual/Written Harassment:
  The display or circulation of visual or written material that degrades an individual or group based on gender, race, nationality, sexual orientation, disability, or other protected status. This may include, but is not limited to, posters, cartoons, drawings, graffiti, reading materials, computer graphics, or electronic media transmissions.

Immigration Status:

The way in which a person is present in the United States and includes: U.S. Citizen; Permanent or Conditional Resident; Non-Immigrant (in the country legally, but only on a temporary basis); Asylee; Refugee, Person with Temporary Protected Status; or Undocumented.

Marital Status:

Means an individual’s state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state. (Ref. 2 Cal. Code Regs.§11053)

Medical Condition:

Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer; or
Genetic characteristics. For purposes of this section, "genetic characteristics" means either of the following:
1. Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder; or
2. Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.

(Ref. Cal. Govt. Code § 12926 (i))

National Origin:

Includes citizenship, country of origin, and national origin. It also includes language use restrictions and holding or presenting a driver’s license issued under section 12801.9 of the Vehicle Code. (Ref. Cal. Govt. Code § 12926 (o)(v) and Cal. Govt. Code § 12951)

Race, Ethnicity, Ancestry, or Color:

Includes ancestry, color, ethnic group identification, and ethnic background. "Race" is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles (includes, but is not limited to, such hairstyles as braids, locks, and twists). (Ref. Cal. Govt. Code § 12926 (o) and Cal Ed. Code § 212.1 (b, c)).

Respondent:

An Employee, Student, or Third Party who is alleged to have violated a board policy: BP 3410, 3430, 3540, 5500, 7700.

Responsible Employee:

An employee who has the authority to take action to redress sexual harassment or provide supportive measures to students, or who has the duty to report sexual harassment to an appropriate school official who has that authority.

“Responsible employee” includes, but is not limited to, those individuals with any of the following positions or substantially similar positions or job duties, regardless of the specific title the institution may attach to the position:

Title IX coordinator or other deputy coordinator(s)
Classified Managers
Educational Administrators
Student life directors, coordinators, or deans
Athletic directors, coordinators, or deans
Coaches of any student athletic or academic team or activity
Faculty and associate faculty, teachers, instructors, or lecturers
Graduate student instructors, while performing the duties of employment by the institution
Laboratory directors, coordinators, or principal investigators
Internship or externship directors or coordinators
Study abroad program directors or coordinators

Religion:

All aspects of religious belief, observance, and practice, including religious dress and grooming practices. “Religious dress practice” shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of the observance by an individual of his or her religious creed. “Religious grooming practice” shall be construed broadly to include all forms of head, facial, and body hair that are part of the observance by an individual of his or her religious creed. Religion includes agnosticism and atheism. (Ref. Cal Ed. Code § 212.3, 66262; Cal. Govt. Code § 12926(q))

Retaliation:

An adverse action taken by an individual against another individual who opposes, reports, or assists someone in reporting discrimination, or otherwise participates in an investigation. An adverse action is a course or pattern of conduct that, taken as a whole, materially and substantially affects a Complainants participation in College programs and activities. Minor or trivial actions or conduct that is not reasonably likely to do more than anger or upset a Complainant cannot constitute an adverse action. (Ref. BP/AP 7700)

Sex/Gender:

Defined as sex, and includes but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. Sex also includes, but is not limited to, pregnancy, childbirth, breastfeeding, or any related medical condition(s). (Ref. Cal. Govt. Code § 12926(r))

Sex Stereotype:

An assumption about a person's appearance or behavior, gender role, gender expression, gender identity, or about an individual's ability or inability to perform certain kinds of work based on a myth, social expectation, or generalization about the individual's sex. (Ref. 2 Cal. Code of Regs § 11030 (e))

Sexual Harassment:

Unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature when:
1. submission to the conduct is made a term or condition of an individual's employment, academic status, or progress, internship, or volunteer activity;
2. submission to, or rejection of, the conduct by the individual is used as a 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; or
4. submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding working conditions, employment or enrollment status, benefits and services, or activities available at or through the community college.
Sexual Violence - physical sexual acts perpetrated against a person without the person’s affirmative consent. Physical sexual acts include both of the following:
1. Rape, defined as penetration, no matter how slight, of the vagina or anus with any part or object, or oral copulation of a sex organ by another person, without the consent of the victim.
2. Sexual battery - the intentional touching of another person’s intimate parts without consent, intentionally causing a person to touch the intimate parts of another without consent, or using a person’s own intimate part to intentionally touch another person’s body without consent.
Sexual Exploitation - taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including, but not limited to, any of the following:
1. The prostituting of another person.
2. The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion.
3. Recording images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, without that person’s consent.
4. Distributing images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, 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.
5. Viewing another person’s sexual activity or intimate parts, 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.

(Ref. BP/AP 3430; Cal. Ed. Code § 212.5, 66262.5, 76033)

- “Quid Pro Quo”:
  A type of sexual harassment that occurs when a person in a position of authority makes educational or employment benefits conditional upon an individual's willingness to engage in or tolerate unwanted sexual conduct.
- Hostile Environment:
  A type of 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.

Sexual Orientation:

One’s preference in sexual partners and includes heterosexuality, homosexuality, or bisexuality. (Ref. Cal. Gov. Code § 12926(s))

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:

Course of Conduct means 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;
Reasonable Person means a reasonable person under similar circumstances and with the same Protected Category as the Complainant;
Substantial Emotional Distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.

(Ref. 34 C.F.R.§ 668.46 & See Cal. Penal Code § 646.9)

Unlawful Discrimination:

Unfair or unequal treatment of an individual (or group) based upon an actual or perceived characteristic related to ethnic group identification, national origin, immigration status, religion, age, sex, gender, gender identification, gender expression, military and veteran status, marital status, medical condition, race, color, ancestry, sexual orientation, physical or mental disability, or any other characteristic protected under applicable federal or state law.

Veteran or Military Status:

Means a person who serves in the active military, naval, or air service; or
A person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. (38 C.F.R.)