UC Santa Cruz Title IX/Sexual Harassment Office


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UCSC Policies and Procedures

UCSC Policy on Sexual Assault and UC Policy on Sexual Harassment

Appendix A: Glossary


Acquaintance Rape. This is the most prevalent form of rape on college campuses. The acquaintance may be a date or boyfriend of the target, or someone the target knows only casually, from her/his residence on campus, a class, or through mutual friends. Regardless of the relationship between them, if one person uses any of the seven circumstances listed under the definition of rape (see below), to force or coerce sexual intercourse with another, it is rape. The same criminal laws and penalties apply in cases of acquaintance rape as in cases of stranger rape.

Blue Light Telephones. Emergency Blue Light Telephones are available throughout the campus (see UCSC Emergency Management website http://emergency.ucsc.edu/bluelight).  These telephones connect directly with a police dispatcher in a similar manner as dialing 9-1-1.

Charges Committee. A standing Administrative Committee, composed of at least three Senate faculty members, and appointed by the Executive Vice Chancellor. The committee conducts investigations regarding complaints made against members of the faculty, charging violation of the Faculty Code of Conduct, sufficient to warrant a recommendation for disciplinary action.

Complaint of Sexual Harassment. (see Sexual Harassment Complaint)

Consent. Positive cooperation in the act or attitude pursuant to an exercise of free will. A current or previous dating relationship shall not be sufficient to constitute consent.

Counseling and Psychological Services. Counseling and Psychological Services offers confidential short-term and crisis counseling to all members of the campus community on an emergency basis, or by appointment. Psychiatric referrals are also available.

Cunnilingus. Act, practice, or technique of orally stimulating the female genitalia.

Date Rape. (see Acquaintance Rape)

Disciplinary Process. The process and procedures which precede corrective action, discipline, or sanctions to be taken against a student, staff or member of the faculty. There are separate procedures for students, staff (by personnel program and those exclusively represented by a union), and faculty (senate, non-senate, and those exclusively represented by a union).

Due Process. As with other university policies and procedures, the Sex Offense Policy and the procedures for reporting sexual assault(s) and sexual harassment incorporate due process protections provided by the State and Federal constitutions. The essence of due process protection is twofold: the accused's right to notice of the action to be taken and the basis for the action, and the right to respond. Accordingly, if the University intends to take adverse action against an individual, based on allegations of sexual harassment, sexual assault, or rape, the individual has a right to understand the nature of the allegations, including who brought them, and the right to respond to those allegations. This right to notice and to respond are incorporated into the Rule Book and various university policies related to discipline and corrective action.

Emergency Blue Light Telephones. Emergency Blue Light Telephones are available throughout the campus (see UCSC Emergency Management website http://emergency.ucsc.edu/bluelight).  These telephones connect directly with a police dispatcher in a similar manner as dialing 9-1-1.

Fact-finding investigation. Refers to process used by Title IX/SHO to investigate complaints of sexual harassment and reports of sexual assault.

Faculty-Student Relations (Academic Personnel Manual Section 015). Two sections in the Academic Personnel Policy 015 (Faculty Code of Conduct (Code) Part II.A) make it a violation of the Code for a faculty member to engage in a romantic or sexual relationshop with a student for whom he or she has academic responsibility or should expect to have such a responsibility. (Appendix D)

Fellatio. Oral stimulation of the penis.

Findings. Refers to the report of the Title IX/SHO resulting from an administrative investigation when there has been an allegation of sexual harassment or when an administrative review of an alleged sexual assault or rape has been requested by a complainant.

Gender. Concepts and terms relevant to gender: http://queer.ucsc.edu/resources/trans/index.html

Grievances. Separate grievance procedures exist for students, staff, and faculty. These grievance procedures can be used: 1) by a staff or faculty complainant as an alternative to the Procedures for Reporting Sexual Harassment, Sexual Assaults, or rape; or 2) by the accused to appeal corrective action or disciplinary actions taken against him/her.

Harassment. Harassment that is not sexual in nature but is based on gender, sex-stereotyping, or sexual orientation also is prohibited by the University’s nondiscrimination policies if it is sufficiently severe to deny or limit a person’s ability to participate in or benefit from University educational programs, employment, or services.  While discrimination based on these factors may be distinguished from sexual harassment, these types of discrimination may contribute to the creation of a hostile work or academic environment.  Thus, in determining whether a hostile environment due to sexual harassment exists, the University may take into account acts of discrimination based on gender, sex-stereotyping, or sexual orientation.

Rape. Rape is an act of sexual intercourse. Any sexual penetration, however slight, is sufficient to complete the crime (i.e., the penis just needs to touch the vaginal opening for rape to occur). Rape is accomplished with a person under any of the following circumstances:

1. Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known, or reasonably should be known, to the person committing the act.

2. Where the act is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person of another.

a. Duress
A direct or implied threat of force, violence, danger, hardship, or retribution sufficient to coerce a reasonable person of ordinary susceptibility (liable to be affected by something) to perform an act which otherwise would not have been performed, or acquiesce in an act to which one would not have submitted.

b. Menace
Any threat, declaration or act which shows an intention to inflict an injury upon another.

c. Consent
Positive cooperation in the act or attitude pursuant to an exercise of free will. A current or previous dating relationship shall not be sufficient to constitute consent.

3. Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, administered by, or with the privity (knowledge), of the accused.

4. Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in the paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions:

a. was unconscious or asleep;

b. was not aware, knowing, perceiving, or cognizant that the act occurred;

c. was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact (trickery).

5. Where a person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused with intent to induce the belief.

6. Where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat.

7. Where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official.

Remedies. Refers to recommendations for actions to be taken to support or otherwise aid the complainant (as opposed to discipline or sanctions recommended against the accused) in the report of the Title IX/SHO resulting from an administrative investigation when there has been an allegation of sexual harassment or when an administrative review of an alleged sexual assault or rape has been requested by a complainant.

Also refers to the remedies requested by a grievant, which are usually limited to actions that would make the grievant whole, in contrast to discipline or sanctions taken against the accused.

Resolution on Romantic Relationships (Academic Senate). Resolution passed by the UCSC Academic Senate on May 20, 1987, concerning faculty-student relationships (Appendix C).

Report of Sexual Harassment. A "report" of sexual harassment is defined as any meeting or discussion with a University official in order to inform the University that sexual harassment may have occurred. Another example of a "report" would be information contained in a student evaluation of a course or in an anonymous letter. Persons experiencing problems with sexual harassment are encouraged to report them as soon as possible. Once a report has been made, the matter must be reported to the Title IX/SHO by the University official who has received the report.

Sanctions. Corrective or disciplinary action taken against the accused after appropriate due process, or restraining actions imposed upon the accused, in order to safeguard the complainant.

Sexual Assault. Sexual assault is a general term which covers a range of crimes, including rape and sexual battery.

Sexual Assault Nurse Examiner (S.A.N.E.). A specially trained nurse who collects physical evidence when an assault is reported to the police. The Sexual Assault Nurse Examiner is a member of the Sexual Assault Response Team (see S.A.R.T. below).

Sexual Assault Response Team (S.A.R.T.). A specially trained team of police officers and medical personnel who handle reports of sexual assault. If the University police receive a report of sexual assault, an officer trained in sexual assault cases will be dispatched to the scene and will explain police and medical procedures to the victim. If the police transport the victim to Dominican Hospital, which is equipped to perform medical examinations for legal purposes, then an advocate and a specially trained nurse/examiner who are members of the Santa Cruz Sexual Assault Response Team (S.A.R.T.) will be dispatched to the hospital to be available to the victim. A Sexual Assault Nurse Examiner (S.A.N.E.) must conduct a medical examination as soon as possible to maximize the collection of evidence for criminal prosecution.

Sexual Harassment. The University of California defines sexual harassment as follows:

Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when submission to or rejection of this conduct explicitly or implicitly affects a person's employment or education, unreasonably interferes with a person's work or educational performance, or creates an intimidating, hostile or offensive working or learning environment. In the interest of preventing sexual harassment, the University will respond to reports of any such conduct.

Section 102.09 of the Code of Student Conduct:

Harassment, defined as conduct that is so severe and/or pervasive, and objectively offensive, and that so substantially impairs a person’s access to University programs or activities that the person is effectively denied equal access to the University’s resources and opportunities.
Harassment includes, but is not limited to, conduct that is motivated  on the basis of  a person’s race, color, national or ethnic origin, citizenship, sex, religion, age, sexual orientation, gender identity, pregnancy, marital status, ancestry, service in the uniformed services, physical or mental disability, medical condition, or perceived membership in any of these classifications. Pursuant to section 104.90, sanctions may be enhanced for conduct motivated on the basis of the above classifications.

Student Employees: When employed by the University of California, and acting within the course and scope of that employment, students are subject to the University of California Policy on Sexual Harassment.  Otherwise, Section 102.09, above, is the applicable standard for harassment by students.

For both student and/or employee sexual harassment, please refer to the UC Policy on Sexual Harassment and the University of California, Santa Cruz Procedures For Reporting Sexual Harassment. 

Sexual harassment may include incidents between any members of the University community, including faculty and other academic appointees, staff, coaches, housestaff, students, and non-student or non-employee participants in University programs, such as vendors, contractors, visitors, and patients. Sexual harassment may occur in hierarchical relationships or between peers, or between persons of the same sex or opposite sex.

In determining whether the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.

This policy covers unwelcome conduct of a sexual nature. Consensual romantic relationships between members of the University community are subject to other University policies, for example, those governing faculty-student relationships are detailed in the Faculty Code of Conduct. While romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to charges of sexual harassment, subject to this policy.

Sexual Harassment Complaint. A "complaint" of sexual harassment is defined as a signed, written statement informing the University that sexual harassment may have occurred and providing information sufficient for further inquiry. Complaints require an investigation by the Title IX/SHO and may result in disciplinary or corrective action if it is found that harassment has taken place.

Statutory Rape. (see Unlawful Sexual Intercourse with a Minor)

Title IX/Sexual Harassment Officer (Title IX/SHO). The Title IX/SHO is responsible for receiving and investigating all reports of sexual harassment and sexual assault (filed by students, staff, and/or academic appointees) and is available to discuss options, provide support, explain university policies and procedures, and provide education on relevant issues. The Title IX/SHO is available only during working hours. (http://www2.ucsc.edu/title9-sh/)

University Official. University officials will include but are not limited to: Vice Chancellors (Assistant & Associate), Deans (Assistant & Associate), Dean of University Extension, Director of Summer Session, Provosts, Department Chairs, Department Undergraduate/Graduate Adviser, Department Assistant/Manager, College Administrative Officers, Assistant College Administrative Officers, Managers of: Family Student Housing; Graduate Housing; Camper Park; UCSC Inn; & University Town Center, Unit Heads, Program Directors, Supervisors, University Police, Rape, HIV & AOD Prevention Education Coordinators, Resource Center Directors, Director Student Judicial Affairs, Residential Life Staff, College Proctors, Resident Preceptors, and Coordinators for Residential Education. University officials are responsible for receiving training and keeping abreast of university policy and procedures concerning sex offenses. Any University official receiving a report of sexual harassment and/or assault must advise the Title IX/SHO, who is also a University official, of the report.

University Police. Staff, students, faculty, and members of the community experiencing a sexual assault on campus will receive a speedy response from the University Police. (For assaults off campus, local police should be contacted). In addition, the police, and only the police, can arrange for medical examinations in order to provide admissible evidence when the complainant desires prosecution through the criminal justice system. It is important to remember that "reporting" a rape is not the same thing as prosecuting through the criminal justice system. If the complainant files a report and then later refuses to prosecute through the criminal justice system or cooperate in a police investigation, there is little that the police or courts will be able to do. On the other hand, if the complainant initially decides that s/he does not want to file a police report and then, a month later, wants to prosecute through the criminal justice system, s/he has lost the opportunity for best evidence, not only in terms of immediate police investigative interviews, but also the collection of physical evidence. For these reasons, the University strongly encourages victims of sexual assault to call the police as soon as possible. (http://www2.ucsc.edu/police/)

Unlawful Sexual Intercourse with a Minor. This occurs when the victim is considered incapable of giving legal consent because they are 17 years or younger, even if the intercourse is consensual. Where the person engaging in sexual intercourse with a minor is younger, or not more than three years older than the minor, the crime is a misdemeanor. If more than three years older, then the crime is a felony.

Victim/Witness Program. The Victim/Witness Assistance Center, established by the District Attorney's Office, addresses the needs of victims and witnesses. By meeting financial, emotional, social, and information needs, the Center hopes to enhance the quality of justice and be the human link in the criminal justice system. Victim/Witness Program services include crisis intervention/hospital response; emergency services, such as shelter, food, and clothing; outreach and screening services; liaison and referral to community agencies; follow-up support to victims and their families; intervention with employers and creditors; bereavement and injury notification; coordination with criminal justice agencies; witness notification and information; court reception and escort; explanation of court procedures; companionship, transportation, and child care; property return assistance; restitution assistance. The services of this program are available only when a police report has been filed.


Amended 2012

 

 

UCSC Policies

UCSC Procedures

Appendices:

 

Contact Rita Walker , Title IX Officer: 105 Kerr Hall . email: rew@ucsc.edu . phone 831.459.2462 * 831.459.4825