Under Title IX, domestic violence is defined as felony or misdemeanor crimes of violence committed between two people who have:

• Married or been intimate partners

• Lived together as spouses or intimate partners

• A child in common

• Protections under local domestic or family violence laws

Dating violence includes actual or threatened sexual or physical violence committed between two people who have been in a social relationship of a romantic or intimate nature, depending on the length and type of the relationship, and the frequency of their interactions.

California law defines domestic violence as abusive behavior between two people who:

• Have dated, married, or lived together

• Have a child in common

• Are related by blood or marriage

• Are parent and child

Domestic and dating abuse can be spoken, written, or physical, and includes:

• Sexual assault

• Actual or attempted physical injury

• Causing fear of imminent serious bodily injury

• Threatening, harassing, stalking, disturbing their peace, or destroying their personal property

• Emotional abuse, financial or property control, or other coercive and controlling behaviors

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Under California law, stalking is defined as repeatedly following someone or engaging in a course of conduct that seriously alarms a person and threatening to hurt them or a member of their immediate family or household.

The crime of cyberstalking involves annoying or harassing someone with repeated calls or electronic communications that are obscene or threatening.

It is also a crime to use an electronic device to distribute personal information about or digital images of someone with the intent to harass or harm that person.

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Consent and the Law

Under California law defining sex offenses, consent means an informed, voluntary, and affirmative decision to engage in sexual activity, which cannot be given by someone who is:

• Unconscious, asleep, or incapacitated by drugs or alcohol

• Unable to understand the nature of the activity due to a mental, physical, or developmental disability

• Forced, threatened, or coerced

• Underage (generally, the age of consent is 18)

• In addition, asking the perpetrator to use a condom or other birth control device does not imply consent.

Affirmative Consent

In campus disciplinary proceedings involving sexual assault, California colleges and universities* must use an "affirmative consent" standard to decide responsibility, which is defined as an affirmative, conscious, and voluntary agreement to engage in sexual activity. In applying this standard, California law provides these guidelines:

• Consent may be withdrawn at any time

• The other person's silence or lack of protest or resistance does not show consent

• A current dating relationship or past sexual relations with the accused does not necessarily mean consent was given

*Applies to schools that receive state funds for student financial aid.

In addition, the accused cannot avoid responsibility for failing to obtain consent if he or she:

• Was intoxicated or acted recklessly

• Did not take steps to get the other person's consent

• Knew or should have known that the complainant was: (A) asleep or unconscious, (B) incapacitated due to drugs, alcohol, or medication, or (C) unable to communicate due to a mental or physical condition.

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Sexual Assault

Under California law, sexual assault is engaging in sexual intercourse, oral or anal sex, or even slight penetration (including with an object), without the other person's consent.

Sexual Battery

Sexual Battery is touching (including through clothing) someone's intimate body parts for sexual arousal, gratification, or abuse, if the touching is accomplished:

• Against the victim's will,

• While the victim is unconscious or incapacitated, or

• Using force or fraud

Disorderly Conduct

Disorderly conduct includes these sexual offenses:

Voyeurism means peeking in a door or window of another person's home for no legitimate reason, or intentionally invading a person's privacy by using a telescope, binoculars, a mobile phone, or any other device to view the person in a place where privacy is expected.

Video voyeurism is secretly using a concealed video imaging or photographic device to record another person's intimate body parts (clothed or unclothed) without consent, in a place where privacy is expected, for the purpose of gratifying the viewer's sexual desire or invading the other person's privacy.

Unlawful distribution of images occurs when someone causes another person serious emotional distress by distributing an image of that person's intimate body parts, or of that person engaging in a sexual act, under circumstances in which it was understood that the image would remain private.

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Under California law, campus officials must alert campus or local police as soon as possible when a student or employee reports a violent crime, including:

• Sexual assault or battery

• Homicide, robbery, or aggravated assault

• Hate crime

No identifying information about the victim or the accused may be included in the report without the victim's consent, except the accused's identity may be disclosed if the institution determines that the accused presents a serious or an ongoing threat to campus safety, and immediately notifies the victim of the disclosure.

This law applies to California colleges and universities that receive state financial aid funds and have more than 1,000 full-time students.

California law also requires certain employees of post-secondary institutions to report suspected child abuse or neglect, including athletic coaches and other employees who have regular contact with children.

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Different types of protective orders are issued by California courts:

Restraining orders prohibit intimate partners from contacting, hurting, or threatening victims of domestic or dating abuse, and also protect members of the victim's family or household.

Police officers responding to domestic or dating violence calls may obtain emergency protective orders which are effective immediately and stay in effect for a week to allow time for a court hearing on a restraining order.

Harassment orders protect victims of violence, harassment, stalking, or credible threats of violence (whether or not the victim is related to or knows the perpetrator), and also protect members of the victim's immediate family.

Witness protection orders prohibit perpetrators of domestic violence and other crimes from intimidating, threatening, harming, or contacting witnesses and their immediate families.

A person who violates a protective order may go to jail. Local and campus police departments enforce these orders (including orders issued by a judge in another state), provided they have a copy of the order, so victims should carry a copy of the order with them at all times.

For more information, visit these websites:

1. WomensLaw.org

2. National Coalition Against Domestic Violence

3. California Victims' Bill of Rights

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California colleges and universities that provide state-funded student financial aid must have victim-centered policies and protocols to protect students involved in cases involving sexual assault, domestic violence, dating violence, and stalking, which cover at a minimum:

• Privacy protections, including confidential reporting

• Providing information in the initial response to a victim's report

• Protocols for interviewing complainants and respondents

• How to respond to stranger and acquaintance sexual assault

• Contacting victim advocates and other support resources

• Investigation protocols

• Amnesty from disciplinary sanctions for complainants and witnesses who participate in conduct proceedings, unless the violation was egregious

• The role of supervisory staff

• Trauma-informed training for campus officials involved in conduct proceedings

• Applying the preponderance of the evidence standard to determine responsibility for conduct violations

Title IX protects postsecondary students against pregnancy or parenting discrimination, and California law also requires that institutional policies:

• Allow graduate students to take a leave of absence, withdraw from the graduate program, or limit their studies solely due to pregnancy or pregnancy-related issues, and,

• Provide them reasonable accommodations so they may complete their graduate studies and research.

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