Definitions

Complainant:   

A student, faculty, staff, administrator, visitor, or invitee of Laney College who believes herself/himself to have been a victim/survivor of sexual assault, dating & domestic violence, or stalking and who engages the Laney College sexual assault complaint procedure. If the alleged perpetrator of sexual assault, dating & domestic violence, or stalking is a faculty or staff member at Laney College, the victim/survivor will have the option of initiating a complaint with the Peralta Community College District (PCCD).

Rape:     

The California Penal Code prohibits acts of rape, some of which are summarized as follows: (a) sexual intercourse against a person’s will accomplished by force or threats of bodily injury; sexual intercourse against a person’s will where the person has reasonable fear that she/he or another will be injured if she/he does not submit to the intercourse;  (c) sexual intercourse where the person is incapable of giving consent, or is prevented from resisting, due to alcohol or drugs, and this condition was known, or reasonably should have been known by the accused; (d)  sexual intercourse where the person is incapable of resisting because she/he, at the time, is unconscious or asleep, and this is known to the accused; and (e) sexual intercourse where the person is incapable of giving consent or resisting due to youth (under the age of 18), and this condition was known, or reasonably should have been known by the accused. (See also California Penal Code 261.)

Sexual Assault: 

Sexual Assault includes threats of sexual violence (section 67385(d),  Calif. Ed. Code), incest (between persons who are related to each other within the degrees wherein marriage is prohibited by law), statutory rape (with a person who is under statutory age of consent), and, as defined by the California Penal Code, forced sodomy (anal intercourse),  forced oral copulation (oral‐genital contact), rape by foreign object  (forced penetration, however slightly, by a foreign object, including a finger, into a genital or anal opening), and sexual battery (the unwanted touching of an intimate part of another person for the purpose of sexual arousal). It also includes situations when the accused sexually assaults a complainant incapable of giving consent, including where the complainant is prevented from resisting due to alcohol or drugs or youth  (under the age of 18) and this condition was known, or reasonably should have been known by the accused.  Except where otherwise necessary, this policy will hereinafter refer to both rape and sexual assault simply as “sexual assault.”

NOTE:

Forced intercourse or other unwanted sexual contact is defined as sexual assault whether the assailant is a stranger or an acquaintance of the complainant.  Intoxication of the assailant shall not diminish the assailant’s responsibility for sexual assault.

 

Affirmative Consent:

“Affirmative consent” is defined as an affirmative, conscious, and voluntary agreement to engage in sexual activity. Under the law, neither the lack of protest or resistance nor silence constitutes consent, and consent may be withdrawn at any time. Affirmative consent must be given by all parties to sexual activity.

 

NOTE:

It is not a valid excuse that the accused believed the complainant consented if: (A) the accused’s belief arose from his or her own intoxication or recklessness, or (B) the accused did not take reasonable steps to ascertain whether the complainant affirmatively consented. Similarly, it will not be a valid excuse that the accused believed the complainant affirmatively consented where the accused knew or reasonably should have known that the complainant was unable to consent because he or she was: (A) asleep or unconscious, (B) incapacitated due to drugs/alcohol/medication, or (C) unable to communicate due to a mental or physical condition.

 

SaVE Act Definitions

 

Sexual assault

The Campus SaVE Act defines sexual assault, as “an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.”

 

Dating violence “Violence committed by a person— (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship (ii) the type of relationship  (iii) the frequency of interaction between the persons involved in the relationship” .

 

Domestic violence “Felony or misdemeanor crimes of violence committed by a current or former spouse 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, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction 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.”

 

Stalking

“Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

(A) fear for his or her safety or the safety of others; or

(B) suffer substantial emotional distress”

 

 

As Defined by Laney College

 

Sexual Assault

Sexual assault is any sexual contact without consent. The general term, sexual assault, covers a number of related crimes, including rape, which is penile-vaginal penetration. Other acts of sexual assault include oral copulation, anal intercourse, penetration of the anus or vagina with a foreign object, and touching an intimate part of another person, all without consent. The attempt to commit any act of sexual assault is also a crime. The absence of informed consent distinguishes a crime from a sexual encounter. Every person possesses the right to decide whether and when to be sexual. Consent signifies active participation; this cannot be inferred or assumed.

 

Dating and Domestic Violence

Dating and domestic violence, also referred to as relationship or intimate partner violence, is the use of power by one person to control another within an intimate relationship. Signs of an abusive relationship include jealousy, possessiveness, isolating and controlling behavior, threats and intimidations, put-downs and name-calling, yelling, breaking things, physical and sexual assault, and financial coercion or control. The rate of dating/domestic violence among undergraduate and graduate students is about the same rate as in the general population. Abuse occurs in same-gender relationships as often as in relationships between people of different genders.

 

Stalking

Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other conduct directed at a specific person that would cause a reasonable person to feel fear. These collection of behaviors, at one time in the recent past, tended to be excused or minimized by society. Now, it is generally understood these pattern of behaviors that causes impact and anxiety, and impacts the survivor’s ability to pursue his/her education and live a whole and healthy life.

 

More than half of all stalking survivors are between 18 and 29 years old and most stalkers are an acquaintance, such as a former dating partner.

  • The Campus Sexual Violence Elimination (SaVE) Act

    Tuesday 21 November 2017
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  • Peralta Community College District

    The District comprises four colleges serving northern Alameda County.
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