SBCCD Board Policies and Divisions - Crafton Hills College

Crafton Hills College Related Policies​

CHC does not tolerate sexual misconduct. When an allegation of misconduct is brought to an appropriate employee's attention and a respondent is found to have violated any sexual misconduct district policies, appropriate sanctions will be used to reasonably ensure that such actions are never repeated. The following information is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated. Likewise, the information gives reporting options and on/off-campus resources to support students who have been victims of sexual misconduct.

All CHC community members have the duty to understand student rights and responsibilities; therefore, our Board has adopted and posted policies and procedures relating to gender equity and gender-based discrimination:

For District policies and procedures relating to discrimination, harassment, sexual assault, student rights, responsibilities, and code of conduct, as well as discipline, click on the links below: 

Definitions

Sexual Harassment under Title IX:  Conduct that satisfies one or more of the following:

  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the Crafton’s education program or activity.
  • Sexual assault, including the following:
    • Sex Offenses.  Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.
    • Rape (except Statutory Rape).  The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity. There is carnal knowledge if there is the slightest penetration of the genital or anal opening of the body of another person.
    • Sodomy.  Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.
    • Sexual Assault with an Object.  To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.  An "object" or "instrument" is anything the offender uses other than the offender's genitalia, e.g., a finger, bottle, handgun, stick.
    • Fondling.  The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.
    • Sex Offenses, Non-Forcible Unlawful, Non-Forcible Sexual Intercourse.
      • Incest.  Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
      • Statutory Rape – Non-Forcible.  Sexual intercourse with a person who is under the statutory age of consent.  There is no force or coercion used in Statutory Rape; the act is not an attack.
    • Dating violence.  Violence against a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  The existence of a relationship will be determined based on a consideration of the following factors:  the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
    • Domestic Violence.  Violence committed:
      • By a current or former spouse or intimate partner 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 or intimate partner;
      • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of California; or
      • By any other person against an adult or youth victim protected from that person’s acts under the domestic or family violence laws of California.
    • Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her/their safety or the safety of others or suffer substantial emotional distress.

Definition of Terms Throughout Process:

Advisor:  Throughout the grievance process, both the Complainant and Respondent have a right to an Advisor of their choice.  If a Party does not have an Advisor at the time of the hearing, Crafton must provide the Party with an Advisor of its choice, free of charge.  Crafton may establish restrictions regarding the extent to which the Advisor may participate in the proceedings as long as the restrictions apply equally to both Parties.

Complainant:  A Complainant is an individual who alleges he/she/they is the victim of conduct that could constitute sexual harassment.

Consent:  Consent means affirmative, conscious, and voluntary agreement to engage in sexual activity.  Both Parties must give affirmative consent to sexual activity.  It is the responsibility of each person involved in the sexual activity to ensure that he/she/they has the affirmative consent of the other or others to engage in the sexual activity.  Lack of protest, lack of resistance, or silence does not indicate consent. Affirmative consent must be ongoing throughout a sexual activity and one can revoke his/her/their consent at any time.  The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, is not an indicator of consent.

The Respondent’s belief that the Complainant consented will not provide a valid defense unless the belief was actual and reasonable, based on the facts and circumstances the Respondent knew, or reasonably should have known, at the time of the incident.  A Respondent’s belief is not a valid defense where:

  • The Respondent’s belief arose from the Respondent’s own intoxication or recklessness;
  • The Respondent did not take reasonable steps to ascertain whether the Complainant affirmatively consented; or
  • The Respondent knew or a reasonable person should have known that the Complainant was unable to consent because the Complainant was incapacitated, in that the Complainant was:
    • asleep or unconscious;
    • unable to understand the fact, nature, or extent of the sexual activity due to the influence of drugs, alcohol, or medication; or
    • unable to communicate due to a mental or physical condition.

Decision-Maker: The person who will oversee the live hearing and make a determination of responsibility. The Decision-Maker cannot be the Title IX Coordinator or the investigator.

Formal Complaint:  A written complaint signed by the Complainant or Title IX Coordinator, alleging sexual harassment and requesting an investigation. If the Title IX Coordinator signs the formal complaint, he/she/they will not become a Party to the complaint.

Parties:  As used in this procedure, this means the Complainant and Respondent.

Respondent:  A Respondent is an individual reported to be the perpetrator of conduct that could constitute sexual harassment.

Here is a link to a video that will help frame the context to this law:

​What is consent? See this video!  Tea and Consent (Vimeo) or Tea and Consent (YouTube).