This page include some of the terms used in Eastfield College’s nondiscrimination, harassment and sexual misconduct policies. This page also includes some examples of behavior that would be considered sexual misconduct and/or a violation of Eastfield College ’s Sexual Misconduct policy.
This glossary is intended to help you understand terms frequently used in Eastfield College ’s nondiscrimination, harassment and sexual misconduct policies.
In any case where the glossary and Eastfield College policy do not seem to match, Eastfield College policy should be relied on as the authoritative source.
Allegation. An allegation is a statement made by an individual who believes a violation of Eastfield College policy has occurred.
Complainant. Complainant refers to the person making the allegation or complaint.
Complaint or grievance. Notification, either orally or in writing, of the belief that a violation has occurred.
Consent. Knowing, voluntary and clear permission, by word or action, to engage in mutually agreed upon sexual activity.
Days. Refers to calendar days. Eastfield College (DCCCD) holidays (i.e., days when Eastfield College is officially closed) are excluded from the computation of time. If a duration of time ends on a Saturday or Sunday, the deadline is extended to the following Eastfield College (DCCCD) business day.
Decision maker. In the case of students, the student conduct officer or a designated representative. The chief Talent Central officer for Eastfield College, or a designated representative, may serve as the decision maker for employees and faculty.
Discrimination. The intentional or unintentional treatment of any member or visitor of the Eastfield College community less favorably than those similarly situated based on race, color, religion, age, disability, sex, ethnicity, national origin, sexual orientation, gender, gender identity, gender expression, genetic predisposition, veteran status or on any other basis prohibited by federal, state or local law.
Harassment. Unwelcome conduct on the basis of actual or perceived membership in a protected class, including but not limited to race, color, religion, age, disability, sex, national origin, sexual orientation, gender identity, gender expression and/or veteran status. Harassment is further defined as behavior so severe that it limits or denies an individual’s ability to participate in or benefit from his or her work or educational environment, creates a hostile environment or allows for the abuse of authority.
Interpersonal violence. Acts of dominance in which at least one individual imposes, or attempts to impose, his or her will on another individual or group in a way that threatens the other person’s rights, safety or welfare, or that of a group of people.
Investigation. The process Eastfield College uses to resolve complaints/grievances. This includes the fact-finding investigation and any hearing and decision-making process used to determine
Investigator. A trained person designated as an investigator by the Office of Institutional Equity or the Office of General Counsel who conducts a fact-finding inquiry (investigation) and writes an investigative report.
Investigative report. The report created by the investigator, which includes a summary of the complaint; description of the investigation, including names of people interviewed with dates, list of documents reviewed and findings.
Privileged. Information that is protected by law and cannot be disclosed to (shared with) anyone else without your permission. Individuals commonly, but not always, protected by statutory privilege (legal privilege) are religious leaders, therapists and domestic violence/rape crisis advocates.
Respondent. The person against whom an allegation or complaint is made.
Responsible employee. Any employee who has authority to take action to resolve sexual misconduct, who has been given the duty of reporting sexual misconduct to the Title IX coordinator or other appropriate party, or whom a student or employee could reasonably believe has such authority or duty.
Retaliation. Any harmful or hostile action taken against a person participating in a protected activity because of their participation in that protected activity. This includes action taken against a student or employee for reporting or intervening to stop discrimination, harassment or sexual misconduct. Retaliation includes intimidating, threatening or in any way discriminating against an individual because of the individual’s complaint or participation in the investigation or grievance process.
Sexual misconduct. Acts of sex/gender-based harassment, sexual/gender violence, sexual exploitation, relationship violence and stalking. For definitions of these terms, please see DCCCD’s Sexual Misconduct policy.
See below for some examples of sexual misconduct.
Substantial interest. A substantial interest is
Title IX coordinator. Eastfield College has a Title IX coordinator who is responsible for administrating responsibilities related to and compliance with Title IX.
Examples of Sexual Misconduct/Violations of the Sexual Misconduct Policy
Here are a few examples of behavior that would be considered either sexual misconduct and/or violations of the sexual misconduct policy. Please note that these examples are not all-inclusive.
Bill has violated Eastfield College’s Sexual Misconduct policy. It is likely that Eastfield College decision-makers would find the degree and duration of the pressure Bill applied to Amanda unreasonable. Bill pressured Amanda into performing unwanted sexual touching. Where sexual activity is coerced, it is forced. Sex (including sexual touching) without consent is sexual misconduct. Although the misconduct occurred off-campus, it is still subject to the Sexual Misconduct policy as it may have an ongoing effect on the DCCCD environment.
This is a form of sexual exploitation and is a violation of the Sexual Misconduct policy. Dave’s consent to engage in sexual intercourse with Kim did not mean she had his consent to videotape it.
The conduct by Jeff’s friends qualifies as retaliation and is a violation of the Sexual Misconduct policy.