Definitions of Prohibited Conduct

Last updated on Sep 22, 2025

Students, staff, administrators, and faculty are entitled to an environment that is free of sex discrimination, sex-based harassment, and retaliation. This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters protected by academic freedom.

The sections below describe the specific forms of legally prohibited sex discrimination, sex-based harassment, and retaliation that are also prohibited under CCA Policy.

All offense definitions below encompass actual and/or attempted offenses.

Any of the following offenses can be charged as or combined as pattern offenses, in which case the Notice of Investigation and Allegation (NOIA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity between incidents where the proof of one could make it more likely that the other(s) occurred, and vice versa. Patterns may exist based on target selection, behavior similarity, or other factors. Where a pattern is found, it can be the basis to enhance sanctions accordingly.

Violation of any other CCA policies may constitute sex discrimination or sex-based harassment when motivated by actual or perceived protected characteristic(s), and the result is a limitation or denial of employment or educational access, benefits, or opportunities.

Sex-based Harassment

The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State of California regard Sexual Harassment, a specific form of Discriminatory Harassment, as an unlawful discriminatory practice.

Acts of Sexual Harassment may be committed by any person upon any other person, regardless of the Sex, sexual orientation, and/or gender identity of those involved.

The College has adopted the following definitions of Sexual Harassment in order to address the unique environment of an academic community. Two definitions are required by federal law. While they overlap, they are not identical, and they each apply as noted.

Title VII Sexual Harassment applies to situations where an Employee is subjected to workplace Sexual Harassment

Unwelcome verbal, written, graphic, and/or physical conduct;
that is severe or pervasive and objectively offensive;
on the basis of Sex, that
unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities.

Title IX Sexual Harassment, as an umbrella category, includes the offenses of Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking. This definition applies to all Formal Complaints that fall within Title IX jurisdiction as determined by the Title IX Coordinator. Sexual Harassment includes:

Conduct on the basis of Sex, or that is sexual in nature, that satisfies one or more of the following:

Quid Pro Quo:

An Employee of the College,
conditions the provision of an aid, benefit, or service of the College,
on an individual’s participation in unwelcome sexual conduct.

Sexual Harassment (Hostile Environment):

Unwelcome conduct,
determined by a Reasonable Person,
to be so severe, and
pervasive, and,
objectively offensive,
that it effectively denies a Complainant equal access to the College program or activity.

The College reserves the right to address offensive conduct that (1) does not rise to the level of creating a hostile environment and/or violating Title IX, or (2not based on a protected characteristic. Addressing such conduct may not result in the imposition of discipline under College Policy, but may be addressed through respectful conversation, remedial actions, education, effective Alternative Resolution, and/or other Informal Resolution mechanisms.

For assistance with Alternative Resolution and other Informal Resolution techniques and approaches, contact the Title IX Coordinator.

Sexual Assault

Any sexual act, including Rape, Sodomy, Sexual Assault with an Object, or Fondling directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent; also unlawful sexual intercourse.

Rape:

Penetration, no matter how slight,
of the vagina or anus of a person,
with any body part or object, OR
Oral penetration
- of a sex organ of the Complainant, or
- by the Respondent’s sex organ,
without the consent of the Complainant,
including instances where the Complainant is incapable of giving consent because of their age or because of a temporary or permanent mental or physical incapacity.

Sodomy

Oral or anal penetration
Of the Complainant by the Respondent
without the consent of the Complainant,
including instances where the Complainant is incapable of giving consent
because of their age or
because of their temporary or permanent mental or physical incapacity

Sexual Assault with an Object

Respondent’s use of an object or instrument
to unlawfully penetrate, however slightly, the genital or anal opening
of the body of the Complainant,
without the consent of the Complainant,
including instances where the Complainant is incapable of giving consent
because of their age or
because of their temporary or permanent mental or physical incapacity

Fondling:

The intentional touching of the clothed or unclothed genitals, buttocks, groin, breasts, or other body parts of the Complainant by the Respondent,
- without the consent of the Complainant,
- for the purpose of sexual degradation, sexual gratification, or sexual humiliation
Or, the intentional touching by the Complainant of the Respondent’s clothed or unclothed genitals, buttocks, groin, breasts, or other body parts,
- without the consent of the Complainant,
for the purpose of sexual degradation, sexual gratification, or sexual humiliation.

Incest:

Sexual intercourse,
between persons who are related to each other,
within the degrees wherein marriage is prohibited by California law.

Statutory Rape:

Sexual intercourse,
with a person who is under the statutory age of consent of 18 years old.

Dating Violence

Violence,
on the basis of Sex,
committed by a Respondent,
who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
The existence of such a relationship shall be determined based on the Complainant’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—
Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse
Dating Violence does not include acts covered under the definition of Domestic Violence

Domestic Violence

Violence,
on the basis of Sex,
committed by a Respondent who is a current or former spouse or intimate partner of the Complainant,
by a person with whom the Complainant shares a child in common, or
by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of California, or
by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of California.

Stalking

A Respondent engaging in a course of conduct,
on the basis of Sex,
directed at the Complainant, that
would cause a Reasonable Person to fear for the person’s safety, or the safety of others; or
Suffer substantial emotional distress.

For the purposes of this definition—

Course of conduct means two or more acts, including, but not limited to acts in which the Respondent 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
Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling

Sexual Exploitation

Any person taking non-consensual or abusive sexual advantage of another, that does not constitute Sexual Harassment as defined above,
for their own benefit or for the benefit of anyone other than the person being exploited.

Examples of Sexual Exploitation include, but are not limited to:

Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
Invasion of sexual privacy (e.g., doxxing)
Knowingly making an unwelcome disclosure of (or threatening to disclose) an individual's sexual orientation, gender identity, or gender expression
Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
Prostituting another person
Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection
Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
Knowingly soliciting a minor for sexual activity
Engaging in sex trafficking
Knowingly creating, possessing, or disseminating child sexual abuse images or recordings
Creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually-related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (i.e., Deepfakes)
Creating or disseminating images or videos of child sexual abuse material

Consent, Force, and Incapacitation

Consent means “affirmative consent,” which means affirmative, conscious, and voluntary agreement to engage in sexual activity.

Consent must be given without coercion, force, threats, or intimidation.

Consent cannot be given when a person is deemed to be incapacitated. Being intoxicated by drugs or alcohol does not diminish one’s responsibility to obtain consent. The factors to be considered when determining whether consent was given include whether a person knew or should have reasonably known that the other person was incapacitated.

A person cannot freely give consent if they are:

(A) asleep or unconscious;

(B) incapacitated due to the influence of drugs, alcohol, or medication, such that they cannot understand the fact, nature, or extent of the sexual activity; or

It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean 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 consent.

Force:

Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”).

Coercion

A form of force that comprises unreasonable pressure for sexual activity. When someone makes clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point, continued pressure beyond that point can be coercive.

Incapacitation:

Incapacitation is a state where a person cannot make an informed and rational decision because the person lacks conscious knowledge of the nature of the act (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction).

A person is incapacitated, and therefor unable to give consent, if that person is asleep, unconscious, or otherwise unaware that sexual activity is occurring. Incapacitation may occur as the result of alcohol or other drug consumption.

Other Prohibited Conduct

Discrimination

Discrimination is different treatment with respect to a person’s employment or participation in an Education Program or Activity based, in whole or in part, upon the person’s actual or perceived Protected Characteristic(s). Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed.

Discrimination can take multiple forms, including:

Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived Protected Characteristic and that:
- Excludes a person from participation in;
- Denies the person benefits of; or
- Otherwise adversely affects a term or condition of a person’s participation in a College program or activity.
Unwelcome conduct on the basis of actual or perceived Protected Characteristic(s),
based on the totality of the circumstances,
that is subjectively and objectively offensive, and
is so severe or pervasive,
that it limits or denies a person’s ability to participate in or benefit from the College’s program or activity

Bullying

repeated and/or severe aggressive behavior
that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish the Complainant.

Endangerment

threatening or causing physical harm;
extreme verbal, emotional, or psychological abuse; or
other conduct which threatens or endangers the health or safety of any person or damages their property.

Hazing

any act or action
which does or is likely to endanger the mental or physical health or safety of any individual
as it relates to an individual’s initiation, admission into, or affiliation with any CCA group or organization.

For the purposes of this definition:

It is not necessary that a person’s initiation or continued membership is contingent upon participation in the activity, or that the activity was sanctioned or approved by the Student Group or Student Organization, for an allegation of hazing to be upheld.
It shall not constitute an excuse or defense to a hazing allegation that the participants took part voluntarily, gave consent to the conduct, voluntarily assumed the risks or hardship of the activity, or that no injury was suffered or sustained.
The actions of alumni, active, new, and/or prospective members of a Student Group or Student Organization may be considered hazing.
Hazing is not confined to the Student Group or Student Organization with which the individual subjected to the hazing is associated.

Retaliation

Adverse action, including intimidation, threats, coercion, or discrimination,
against any person,
by CCA, a student, employee, or a person authorized by the College to provide aid, benefit, or service under CCA’s education program or activity,
for the purpose of interfering with any right or privilege secured by law or Policy, or
because the person has engaged in protected activity, including reporting information, making a Complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or Resolution Process under the Title IX Sexual Misconduct Policy and Procedures, including an Informal Resolution process, or in any other appropriate steps taken by CCA to promptly and effectively end any sex discrimination in its education program or activity, prevent its recurrence, and remedy its effects.

The exercise of rights protected under the First Amendment does not constitute retaliation. It is also not retaliation for the College to pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution under the Title IX Sexual Misconduct Policy. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.

Unauthorized Disclosure

Distributing or otherwise publicizing materials created or produced during an investigation or Resolution Process except as required by law or as expressly permitted by the College; or
publicly disclosing a party’s personally identifiable information without authorization or consent.

Failure to Comply/Process Interference

Intentional failure to comply with the reasonable directives of Deputy/Title IX Coordinator with respect to the terms of a no contact order
Intentional failure to comply with emergency removal or interim suspension terms
Intentional failure to comply with sanctions
Intentional failure to adhere to the terms of an agreement achieved through informal resolution
Intentional failure to comply with mandated reporting duties as defined in this Policy
Intentional interference with the Title IX resolution process, including but not limited to:
Destruction of or concealing of evidence
Actual or attempted solicitation of knowingly false testimony or providing false testimony or evidence
Intimidating or bribing a witness or party

Sanctions for the above-listed Civil Rights Offenses range from warning through expulsion/termination.

Standard of Evidence

The College uses the preponderance of the evidence standard of evidence when determining whether a Policy violation occurred. This means that the College will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent violated the Policy.

Policy Prohibiting Close Personal Relationships with Teachers, Mentors, and/or Supervisors

Continue to Reporting Procedures.

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