Definitions Specific to My School

3 Mar, 2016
For purposes of the Clery Act, we classify crimes based on the Federal Bureau of Investigation Uniform Crime Reporting (UCR) Definitions.
Please note the following definitions:
Sexual Assault:
Sexual Assault is an umbrella term that includes but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.

California Senate Bill-967 Student Safety: Sexual Assault, Affirmative Consent

“Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity.

  • Lack of protest or resistance does not mean consent.
  • Silence does not mean consent.
  • Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.
  • The existence of a dating relationship between the persons involved, or the fact of past sexual relations between              them, should never by itself be assumed to be an indicator of consent.

It shall not be a valid excuse to believe that someone affirmatively consented to the sexual activity if they were unable to consent to the sexual activity under any of the following circumstances:

  • They were asleep or unconscious.
  • They were incapacitated due to the influence of drugs, alcohol, or medication, so that they could not understand the        fact, nature, or extent of the sexual activity.
  • They were unable to communicate due to a mental or physical condition.

View the entire bill here: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB967


Dating Violence:
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. This includes the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, or the frequency of interaction between the persons involved in the relationship.


Domestic Violence:
A felony or misdemeanor crime of 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 the jurisdiction receiving grant moneys, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Stalking:
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.