禁止行为的定义

圣何塞州立大学 does not discriminate on the basis of sex, gender, gender identity, gender expression, or sexual orientation in its education programs or activities. 第九条 protects all people regardless of their gender or gender identity from many 各种类型的歧视，暴力和不必要的接触. 然而，一些政策和 围绕这些术语的定义可能令人困惑. 让我们开始吧.

约会 & 家庭暴力

根据基社盟的政策 d操作暴力 is defined as "abuse committed by a person who is or has been in a social or dating 与受害人有浪漫或亲密的关系. “滥用”是指故意的 or recklessly causing, or attempting to cause, bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to self or another. 根据 to CSU policies, abuse does not include non-physical, emotional distress or injury." 

家庭暴力 is defined as "abuse committed against some一个 who is a current or former spouse; current or former cohabitant; some一个 with whom the Respondent has a child; some一个 with whom the Respondent has or had a dating or engagement relationship; or a person similarly situated under California domestic or family violence law. 同居者的意思 two unrelated persons living together for a substantial period of time, resulting 在某种永久的关系中. 它不包括 roommates who do not have a romantic, intimate, or sexual relationship."

While CSU policy focuses on dating and domestic violence where there is physical violence, there are several other forms of abuse that may be present in abusive and unhealthy 的关系.

其他形式的虐待行为包括:

  • 情感虐待
  • 言语虐待
  • 生育强迫
  • 控制行为
  • 精神、文化和宗教上的虐待

For more information on other forms of abuse, please visit the National Resource Center 有关家庭暴力的网页: nrcdv.org.

性骚扰

性骚扰, a form of sex discrimination, is unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes but is not limited to sexual advances, requests for sexual favors, and any other conduct of a sexual nature where: 

  1. Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a Complainant's academic status or progress, or access to benefits and services, honors, programs, or activities available at or through 大学; or
  2. The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Complainant, and is in fact considered by the Complainant, as limiting his or her ability to participate in or benefit from the services, activities or opportunities offered by 大学; or
  3. The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Complainant, and is in fact considered by the Complainant, as creating an intimidating, hostile 或者恶劣的环境.

性骚扰 could include being forced to engage in unwanted sexual contact as a condition of membership in a student organization; being subjected to video exploitation or a campaign of sexually explicit graffiti; or frequently being exposed to unwanted images of a sexual nature in a classroom that are unrelated to the coursework.

性骚扰 also includes acts of verbal, non-verbal or physical aggression, intimidation or hostility based on gender or sex-stereotyping, even if those acts 不涉及性行为.

不正当的性行为

不正当的性行为, including sexual assault or rape, is any sexual act against a person’s will and/or 在他们不知情或不同意的情况下. 

All sexual 活动 between members of the CSU must be based in affirmative consent. 肯定同意 means an informed, affirmative, conscious, verbal, voluntary, and mutual agreement 进行性活动.

  • 同意 must be given without coercion, force, threats or intimidation. 缺乏抗议 或者抵抗并不意味着同意
  • 沉默不代表同意
  • 同意可以在任何时候撤回或撤销
  • 同意 to 一个 form of sexual 活动 does not mean consent to other forms of sexual 活动
  • 先前的性行为不代表对未来性行为的同意

同意 不能 如果这个人是: 

  • Unconscious, unresponsive, asleep, or incapacitated by alcohol or drugs
  • 18岁以下的
  • Unable to communicate due to their mental or physical condition

If you, or some一个 you know, has experienced 不正当的性行为, we encourage you to 联系校内外资源. 菠菜网lol正规平台致力于帮助幸存者 不正当的性行为.

跟踪

跟踪 is a course of conduct directed at a specific person that would cause some一个 to fear for their safety (or the safety of others) or suffer substantial emotional distress. 跟踪 includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell ph一个s, 使用文本，或其他类似的设备或形式的联系.

For more information and resources on stalking, please visit the 跟踪 Prevention, 意识和资源中心在 stalkingawareness.org.

报复

学校严禁报复行为.  我们鼓励您与我们的办公室联系 如果你认为自己遭到了报复.

报复 means that a substantial motivating reason for an adverse action taken against a Person是因为这个人有或被认为有:

  • 行使其在本政策下的权利;
  • Reported or opposed conduct which was reasonably and in good faith believed to be 违反本政策的;
  • Assisted or participated in an investigation/proceeding under the Policy, regardless of whether the Complaint was substantiated; or
  • Assisted some一个 in reporting or opposing a violation of the Policy.

不良行为 means an action engaged in by the Respondent that has a substantial and material adverse effect on the Complainant's ability to participate in a university program, 活动或就业. 不太可能发生的轻微或琐碎的行为或行为 to do more than anger or upset a Complainant does not constitute an adverse action.

报复 may occur whether or not there is a power or authority differential between 涉及的个人.