Definition of Terms

A preference for, or prejudice against, a person or group of people that can easily translate into unfair treatment. Certain groups of people (e.g., people of color) experience widespread bias as being perceived or treated as inferior or unwanted. Bias can be implicit (unconscious) or explicit. For additional context, see Discrimination and Harassment.

Campus Climate is a term that refers to many of the invisible but nonetheless powerful aspects of the campus environment – things like how welcoming the campus is to people from different backgrounds and identities; how good the morale is among staff to work productively and happily; and how much institutional support faculty receive for teaching, scholarship, and service. Although different scholars and universities define the term with somewhat different vocabulary, the concepts of access, safety and inclusivity, mutual respect, spirit and positive morale, and quality of the learning environment are standard. At SSU we strive for an inclusive, welcoming campus environment where all campus members feel inspired and supported to thrive, can speak freely and feel heard, and view differences among individuals as a collective strength. (SSU Office of Diversity, Equity, and Inclusion)

According to CSU policy, disability means:

a.       Having a physical or mental condition that limits a major life activity. "Limits" means making the achievement of a major life activity difficult. "Limits" is determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. A "major life activity" is broadly construed and includes physical, mental, and social activities (such as walking, talking, seeing, hearing) and working; or

b.      Having a known history of a qualifying impairment; or

c.       Being regarded or treated as having or having had a qualifying impairment; or

d.      Being regarded or treated as having or having had such an impairment that has no presently disabling effects but may become a qualifying impairment in the future.

Disability is a protected status that also includes HIV and AIDS.

Includes all the ways in which people differ, and it encompasses all the different characteristics that make one individual or group different from another. It is all-inclusive and recognizes everyone and every group as part of the diversity that should be valued. A broad definition includes not only race, ethnicity, and gender—the groups that most in often come to mind when the term "diversity" is used—but also age, national origin, religion, disability, sexual orientation, socioeconomic status, education, marital status, language, and physical appearance. It also involves different ideas, perspectives, and values. (UC Berkeley Center for Equity, Inclusion, and Diversity)

According to CSU policy, gender means sex, and includes Gender Identity, Gender Expression, and Sex Stereotyping. Sex includes, but is not limited to pregnancy, childbirth, breastfeeding or any related medical conditions. Gender is a Protected Status.

Means a person's identification as female, male, nonbinary, or another gender different from the person's sex assigned at birth.
 

Authentically bringing traditionally excluded individuals and/or groups into processes, activities, and decision/policy making in a way that shares power. (OpenSource Leadership Strategies). Inclusion [depends on a sense of belonging that] connotes full membership in the [campus] community. This entails success in achieving not merely formal participation but also rewarding participation for all members of a diverse campus community in the opportunities, resources, and decision-making structures of the campus. Because membership entails not only rights but also responsibilities...success requires that each of us understands how he, she, or they contributes to crafting this community, to supporting academic excellence, to fostering individual well-being, and to respecting each other’s dignity. (SSU Academic Senate Diversity Subcommittee and Harvard Presidential Task Force on Inclusion and Belonging)

Is a general term for people whose gender identities fall outside of the binary conception of male or female. Nonbinary people may or may not identify as transgender.

Per CSU policy, Retaliation means that a substantial motivating reason for an Adverse Action taken against a person was because the person has or is believed to have:

a.       Exercised their rights under this Nondiscrimination Policy,

b.      Reported or opposed conduct which was reasonably and in good faith believed to be in violation of this Nondiscrimination Policy,

c.       Assisted or participated in an investigation/proceeding under this Nondiscrimination Policy, regardless of whether the Complaint was substantiated,

d.      Assisted someone in reporting or opposing a violation of this Nondiscrimination Policy or assisted someone in reporting or opposing Retaliation under this Nondiscrimination Policy.

Adverse Action 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, activity, or employment. Minor or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant does not constitute an Adverse Action. Retaliation may occur whether or not there is a power or authority differential between the individuals involved.

See Sexual Misconduct

All sexual activity between members of the CSU community must be based on Affirmative Consent. Engaging in any sexual activity without first obtaining Affirmative Consent to the specific activity is Sexual Misconduct, whether or not the conduct violates any civil or criminal law.

Sexual activity includes, but is not limited to:

o   kissing,

o   touching intimate body parts

o   fondling,

o   intercourse,

o   penetration, no matter how slight, of the vagina or anus with any part or object,

o   oral copulation of a sex organ by another person.

Sexual Misconduct includes, but is not limited to, the following conduct:

o   an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person's Gender or Sex,

o   the intentional touching of another person's intimate body parts without Affirmative Consent,

o   intentionally causing a person to touch the intimate body parts of another without Affirmative Consent,

o   using a person's own intimate body part to intentionally touch another person's body without Affirmative Consent,

o   any unwelcome physical sexual acts, such as unwelcome sexual touching,

o   using physical force, violence, threat, or intimidation to engage in sexual activity,

o   ignoring the objections of the other person to engage in sexual activity,

o   causing the other person's incapacitation through the use of drugs or alcohol to engage in sexual activity,

o   taking advantage of the other person's incapacitation to engage in sexual activity.

Intimate body part means the sexual organ, anus, groin, buttocks, or breasts of any person.

Sexual activity between a Minor (a person younger than 18 years old) and a person who is at least 18 and two years older than the Minor always constitutes Sexual Misconduct, even if there is Affirmative Consent to all sexual activity. The existence of Affirmative Consent and/or the type of sexual activity may be relevant to the determination of an appropriate Sanction.

Persons of all Genders, Gender Identities, Gender Expressions, and Sexual Orientations can be victims of these forms of Sexual Misconduct. Sexual Misconduct can be committed by an individual known to the victim including a person the Complainant may have just met, i.e., at a party, introduced through a friend, or on a social networking website.

Affirmative Consent

Affirmative Consent must be voluntary, and given without coercion, force, threats, or intimidation.
It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participant(s) prior to engaging in the sexual activity.
Affirmative Consent means an agreement to engage in sexual activity that is:

o   Informed,

o   Affirmative,

o   Conscious,

o   Voluntary, and

o   Mutual.

o   Lack of protest or resistance does not mean there is Affirmative Consent.

o   Silence does not mean there is Affirmative Consent.

o   The existence of a dating or social relationship between those involved, or the fact of past sexual activities between them, should never by itself be assumed to be an indicator of Affirmative Consent.

o   A request for someone to use a condom or birth control does not, in and of itself, mean there is Affirmative Consent.

o   Affirmative Consent can be withdrawn or revoked. Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after sexual activity begins. Once consent is withdrawn or revoked, the sexual activity must stop immediately. Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity. Consent given to sexual activity on one occasion does not constitute consent on another occasion.

Incapacitation

Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious, or incapacitated due to the influence of drugs, alcohol, or medication so that the person could not understand the fact, nature, or extent of the sexual activity. A person is incapacitated if the person lacks the physical and/or mental ability to make informed, rational decisions. A person with a medical or mental disability may also lack the capacity to give consent.
Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person's decision-making ability, awareness of consequences, and ability to make informed judgments. A person's own intoxication or incapacitation from drugs or alcohol does not diminish that person's responsibility to obtain Affirmative Consent before engaging in sexual activity.
Sexual activity with a minor (a person under 18 years old) is not consensual, because a minor is considered incapable of giving consent due to age.
It shall not be a valid excuse that a person affirmatively consented to the sexual activity if the Respondent knew or reasonably should have known that the person was unable to consent to the sexual activity under any of the following circumstances:

o   The person was asleep or unconscious

o   The person was incapacitated due to the influence of drugs, alcohol, or medication, so that the person could not understand the fact, nature, or extent of the sexual activity

o   The person could not understand the fact, nature, or extent of the sexual activity, or was unable to communicate, due to a mental or physical condition

It shall not be a valid excuse that the Respondent believed that the person consented to the sexual activity under either of the following circumstances:

o   The Respondent's belief in Affirmative Consent arose from the intoxication or recklessness of the Respondent;

o   The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the person affirmatively consented.

1.      Sexual Harassment
Sexual Harassment means unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes, but is not limited to, sexual advances, requests for sexual favors, offering employment benefits or giving preferential treatment in exchange for sexual favors, or indecent exposure, and any other conduct of a sexual nature where:

a.       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 the university; or

b.      Submission to, or rejection of, the conduct by the Complainant is explicitly or implicitly used as the basis for any decision affecting a term or condition of the Complainant's employment, or an employment decision; or

c.       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 their ability to participate in or benefit from the services, activities or opportunities offered by the university; or

d.      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 or offensive environment.

Sexual Harassment could include being forced to engage in unwanted sexual contact as a condition of membership in a student organization or in exchange for a raise or promotion; 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 work environment, or in a classroom where the images are unrelated to the coursework.

Claiming that the conduct was not motivated by sexual desire is not a defense to a complaint of Sexual Harassment.

Sexual and/or romantic relationships between members of the campus community may begin as consensual, and may develop into situations that lead to Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence, or Stalking subject to this Nondiscrimination Policy.

2.      Sexual Exploitation
Sexual Exploitation means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person's consent, including, but not limited to, any of the following acts:

a.       The prostituting of another person.

b.      The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor of services, through force, fraud, or coercion.

c.       The recording of images, including video or photograph, or audio of another person's sexual activity or intimate parts, without that person's consent.

d.      The distribution of images, including video or photographs, or audio of another person's sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure.

e.      The viewing of another person's sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person's consent, for the purpose of arousing or gratifying sexual desire.

3.      Dating Violence and Domestic Violence
Dating Violence means physical violence or threat of physical violence committed by a person—

a.       who is or has been in a social relationship of a romantic or intimate nature with the Complainant; 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 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, or by a person similarly situated to a spouse of the Complainant.

Physical violence means physical conduct that intentionally or recklessly threatens the health and safety of the recipient of the behavior, including assault.

4.      Stalking
Stalking means engaging in a Course of Conduct directed at a specific person that would cause a reasonable person to fear for the safety of self or others' safety or to suffer Substantial Emotional Distress. For purposes of this definition:

a.       Course of Conduct means two or more acts, including but not limited to, acts in which one party directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about the other party, or interferes with the other party's property.

b.      Substantial Emotional Distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

5.      Prohibited Consensual Relationships
A Prohibited Consensual Relationship is a consensual sexual or romantic relationship between an Employee and any Student or Employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority.

A general term that refers to a person whose gender identity differs from their sex assigned at birth. A transgender person may or may not medically transition and may identify as male, female, or nonbinary.