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.

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

Sex-based Harassment (applicable under Title IX, Title VII, the Fair Housing Act, and any other applicable laws) is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking.

Quid pro quo:

• an employee agent, or other person authorized by CCA,
• to provide an aid, benefit, or service under the CCA’s education program or activity,
• explicitly or impliedly conditioning the provision of such aid, benefit, or service,
• on a person’s participation in unwelcome sexual conduct.

Hostile Environment Harassment:

• unwelcome sex-based conduct, that
• based on the totality of the circumstances,
• 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 CCA’s education program or activity

The College reserves the right to address offensive conduct and/or harassment that (1) does not rise to the level of creating a hostile environment, or (2) that is of a generic nature and not based on a protected characteristic. Addressing such conduct may not result in the imposition of discipline under CCA 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,
• 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

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 touching of the private body parts (breasts, buttocks, groin) of the Complainant by the Respondent
• or causing the Complainant to touch the Respondent’s private body parts
• intentionally for a sexual purpose
• 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 incapacity or physical incapacity.

Incest:

• Nonforcible sexual intercourse between persons who are related to each other
• within the degrees wherein marriage is prohibited by the state of California law.

Statutory Rape:

• Nonforcible sexual intercourse with a person
• who is under the statutory age of consent of the state of California.

Dating Violence

• Violence committed by a Respondent,
• who is in or has been in a social relationship of a romantic or intimate nature with the Complainant; and
• where the existence of such a relationship shall be determined based on a consideration of the following factors:
• length of the relationship
• type of relationship
• frequency of the interaction between the Parties involved in the relationship.

Domestic Violence

• Felony or misdemeanor crimes committed by a person who:
• is a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of California or a person similarly situated to a spouse of the Complainant;
• is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner;
• shares a child in common with the Complainant; or
• commits acts against a youth or adult Complainant who is protected from those acts under the family or domestic violence laws of California.

Stalking

• engaging in a course of conduct on the basis of sex, that is,
• directed at a specific person that would cause a reasonable person to:
• fear for the person’s safety, or
• the safety of others; or
• suffer substantial emotional distress.

Sexual Exploitation

• an individual taking non-consensual or abusive sexual advantage of another, that does not constitute Sex-based 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

Other Prohibited Conduct

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.

Discrimination

Discrimination is different treatment with respect to an individual’s employment or participation in an education program or activity based, in whole or in part, upon the individual’s actual or perceived protected characteristic. 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 two primary forms:

Disparate Treatment Discrimination:

• Any intentional differential treatment of a person or persons that is based on an individual’s actual or perceived protected characteristic and that:
• Excludes an individual from participation in;
• Denies the individual benefits of; or
• Otherwise adversely affects a term or condition of an individual’s participation in a CCA program or activity.

Disparate Impact Discrimination:

• Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:
• Excludes an individual from participation in;
• Denies the individual benefits of; or
• Otherwise adversely affects a term or condition of an individual’s participation in a CCA program or activity.

Discriminatory Harassment

• unwelcome conduct on the basis of actual or perceived protected characteristic(s), that
• based on the totality of the circumstances,
• 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 CCA’s education 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.

Special Policy That Protects Students (No Close Personal Relationships with Teachers, Mentors or Supervisors)

Faculty and other employees of CCA are not allowed to participate in a close personal relationship with a student for whom that employee provides -- or might (by virtue of CCA assigned position or functions) in the future-provide teaching, mentoring or supervision. (Note: Only when explicit and advanced authorization has been obtained in writing from the Executive Vice President or from the Provost, can this kind of relationship with a student take place. This policy is for the protection of students.)

Close personal relationships include dating, sexual and similar close personal relationships that are or are not consensually undertaken by the supervisor and the student. Such relationships do not include the usual and customary socializing at CCA of teacher-student; mentor-mentee; supervisor-employee; faculty member-graduate student; coworkers; and supervisor-student employee. A person provides supervision when s/he oversees, directs or evaluates the work of others.

Standard of Proof

CCA uses the preponderance of the evidence standard of proof 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 is in violation of the alleged Policy violation(s).

Continue to Reporting Procedures.