Appendix A: Legal Definitions

Complainant means an individual who is alleged to be have been subjected to conduct that could constitute Sexual Harassment. (Executive Order 1097, Rev. August 14, 2020, Addendum B, Article II, Section B.)

Respondent means an individual who has been reported to a perpetrator of conduct that could constitute Sexual Harassment. (Executive Order 1097, Rev. August 14, 2020, Addendum B, Article II, Section H.)

Sexual Harassment means conduct on the basis of Sex that satisfies one or more of the following:

  1. An Employee conditioning the provision of an aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct;
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an Education Program or Activity. (Executive Order 1097, Rev. August 14, 2020, Article II, Section I.)

Affirmative Consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that Affirmative Consent has been obtained from the other participant(s) to engage in the sexual activity. Lack of protest or resistance does not mean consent nor does silence mean consent.

  • Affirmative Consent can be withdrawn or revoked.
  • Affirmative Consent cannot be given by a person who is incapacitated.
  • A person with a medical or mental Disability may also lack the capacity to give consent.
  • Sexual activity with a minor (under 18 years old) is never consensual because a minor is considered incapable of giving legal consent due to age. (Executive Order 1097, Rev. August 14, 2020, Article VI, Section B.)

Sexual Misconduct is engaging in any sexual activity without first obtaining Affirmative Consent to the specific activity.  Sexual Misconduct and is a violation of this policy, whether or not the conduct violates any civil or criminal law. All sexual activity between members of the CSU community must be based on Affirmative Consent. (Executive Order 1097, Rev. August 14, 2020, Art. I, Section E)

Sexual Assault is a form of Sexual Misconduct and is an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person's Gender or sex. (Executive Order 1097, Rev. August 14, 2020, Addendum B, Article II, Section I, 3)

Sexual Battery is a form of Sexual Misconduct and is any willful and unlawful use of force or violence upon the person of another because of that person's Gender or sex as well as touching an intimate part of another person against that person's will and for the purpose of sexual arousal, gratification, or abuse. (Executive Order 1097, Rev. August 14, 2020, Article VI, Section HH, 2.).

Rape is the penetration, or attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant. Rape also includes the attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant, with the present ability and the intent to commit Rape. (Executive Order 1097, Rev. August 14, 2020, Addendum B, Article II, Section I, 3, a.)

Statutory Rape is sexual intercourse with a person who is under the age of 18 years, the California statutory age of consent. (Executive Order 1097, Rev. August 14, 2020, Addendum B, Article II, Section I, 3, d.)

Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the Affirmative Consent of the victim, including instances where the Complainant is incapable of giving Affirmative Consent because of their age or because of their temporary or permanent mental incapacity. (Executive Order 1097, Rev. August 14, 2020, Addendum B, Article II, Section I, 3, b.)

Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. (Executive Order 1097, Rev. August 14, 2020, Addendum B, Article II, Section I, 3, c.)

Acquaintance Rape is a form of Sexual Misconduct committed by an individual known to the victim. This may include romantic partners, friends, classmates, coworkers, and even a person the victim may have just met (i.e., at a party, introduced through a friend, or on a social networking website. (Executive Order 1097, Rev. August 14, 2020, Article VI, Section HH, 4.)

Intimate partner violence is an umbrella term that encompasses any form of abuse or control by a current or past dating partner or spouse.  Abuse can include both minor and severe forms of physical violence, sexual violence, and stalking that may vary in frequency and chronicity over time.  Although the term intimate partner violence also encompasses psychological abuse (e.g., threats, insults) and other forms of coercive control (e.g., economic abuse, isolation), faculty are only required to report physical forms of abuse.

Domestic Violence means physical violence or threat of physical violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant. (Executive Order 1097, Rev. August 14, 2020, Addendum B, Article II, Section I, 5.)

Dating Violence means physical violence or threat of physical violence committed by a person—

  1. who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
  2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
    1. The length of the relationship.
    2. The type of relationship.
    3. The frequency of interaction between the persons involved in the relationship. (Executive Order 1097, Rev. August 14, 2020, Addendum B, Article II, Section I., 4.)

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  1. fear for his or her safety or the safety of others; or
  2. suffer substantial emotional distress. (Executive Order 1097, Rev. August 14, 2020, Addendum B, Article II, Section I., 6.)
  3. Harassment means unwelcome conduct, based on the Complainant's Protected Status, that is sufficiently severe, persistent and 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 her/his ability to participate in or benefit from the services, activities or opportunities offered by the University.  Examples: of Harassment may be of a sexual nature (e.g., sexual innuendo or propositions) or can be about one’s protected status (i.e., age, disability, sex, race/ethnicity, gender identity, sexual orientation, religion, marital status, veteran or military status).  Such harassment must be sufficiently severe, persistent, and pervasive as to limit the victim’s ability to participate in or benefit from the services, activities, or opportunities offered by the University.  (Executive Order 1097, Rev. August 14, 2020, Article VI, Section S.)

For further information about actions covered by each term above and faculty reporting requirements, please view:

Executive Order 1096 (Employees)

Executive Order 1097 (Students)

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