Sacramento State Housing Community Guide 2025-2026 - Flipbook - Page 17
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 kissing, touching intimate body parts, fondling, physical, sexual acts, such as unwelcome sexual touching, sexual
assault, sexual battery, rape, and dating violence. When it is based on gender, domestic violence and stalking also constitute sexual misconduct. Sexual misconduct
may include physical force, violence, threat, or intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation
through the use of drugs or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication). Men, as well as women, can be
victims of these forms of sexual misconduct. Sexual activity with a minor is never consensual when the Complainant is under 18 years old because the minor is
considered incapable of giving legal consent due to age.
• 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.
• 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.
• Rape is a form of sexual misconduct and is non-consensual sexual intercourse that may also involve the use of threat of force, violence, or immediate
and unlawful bodily injury or threats of future retaliation and duress. Any sexual penetration, however slight, is sufficient to constitute rape. Sexual acts,
including intercourse, are considered non-consensual when a person is incapable of giving consent because s/he is incapacitated from alcohol and/or
drugs, is under 18 years old, or if a mental disorder or developmental or physical disability renders a person incapable of giving consent. The Respondent’s
relationship to the person (such as a family member, spouse, friend, acquaintance, or stranger) is irrelevant. (See complete definition of affirmative consent
below.)
• Acquaintance Rape is a form of sexual misconduct committed by an individual known to the victim. This includes a person the victim may have just met,
i.e., at a party, introduced through a friend, or on a social networking website. (See above for definition of Rape.)
Sexual Discrimination
Sexual Discrimination means an adverse action taken against an individual because of gender of sex (including sexual harassment, sexual violence, domestic
violence, dating violence, stalking, and sexual misconduct) as prohibited by Title IX; VAWA/Campus SaVE ACT; California Education Code § 66250 et seq.; and/or
California Government Code § 11135. See also Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act (Cal. Govt. Code § 12940 et
seq.), and other applicable laws. Both men and women can be victims of Sex Discrimination.
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