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Prevention and Education Resources

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Affirmative Consent

What is affirmative consent?

Affirmative Consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that s/he has the Affirmative Consent of the other participant(s) to engage in the sexual activity.  Sexual activity includes but is not limited to kissing, touching intimate body parts, fondling, intercourse, penetration of any body part, and oral sex.

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 constitutes Sexual Misconduct and is a violation of CSU policy, whether or not the conduct violates any civil or criminal law.  

Important Things to Know About Affirmative Consent:

  • It is the responsibility of each person involved in the sexual activity to ensure that s/he has the Affirmative Consent of the other participant(s) to engage in the sexual activity.
  • Lack of protest or resistance does not mean Affirmative Consent, nor does silence mean Affirmative Consent.
  • Affirmative Consent must be voluntary, and given without coercion, force, threats or intimidation.
  • 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.
  • A request for someone to use a condom or birth control does not, in and of itself, constitute Affirmative Consent.
  • Affirmative Consent can be withdrawn or revoked.
  • 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.
  • There must always be mutual and affirmative consent to engage in sexual activity.
  • Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after penetration.
  • Once consent is withdrawn or revoked, the sexual activity must stop immediately.

When can affirmative consent not be given?

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.

A person with a medical or mental disability may also lack the capacity to give consent.

Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when they are asleep, unconscious, or 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.  Learn more about incapcitation on the next tab.

Intoxication and Incapacitation

Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when they are asleep, unconscious, or 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. A person is incapacitated if they lack the physical and/or mental ability to make informed, rational decisions. 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.

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:

  • The person was asleep or unconscious;
  • 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;
  • The person 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:

  • The Respondent’s belief in Affirmative Consent arose from the intoxication or recklessness of the Respondent;
  • The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the person affirmatively consented. 
     
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Preventing Sexual Misconduct & Addressing Rape-Supportive Culture

Risk Reduction

Preventing Sexual Misconduct

Note: The tips below reflect suggestions made in Attachment G of CSU systemwide policy. While risk reduction tips can often take a victim-blaming tone, even unintentionally, CSUF's Office for Civil Rights and Equity maintains that only those who commit Sexual Misconduct are responsible for those actions. It is never your fault if you are subjected to Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, and/or Stalking.

  • Talk to your friends and intimate partners about the importance of Affirmative Consent. Practice communicating with others about what Affirmative Consent is and what it is not. The more comfortable you are talking about the definition of Affirmative Consent, the more comfortable you will be in communicating about consent and respecting others' boundaries if you are in an intimate situation with them.
  • Remember that an incapacitated person does not have the capacity to give Affirmative Consent, and so it is important to know the observable signs of incapacitation. 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 capacity, awareness of consequences, and ability to make fully informed judgments.
  • Do not engage in any behavior that may be considered Sexual Assault, Sexual Exploitation, Domestic Violence, Dating Violence, Stalking, or any other form of Sexual Misconduct, Harassment, or Discrimination.
  • Discuss Sexual Misconduct, Sexual Exploitation, Dating and Domestic Violence, and Stalking with friends – speak out against non-consensual sex or violence and clear up misconceptions.
  • If you have limits, make them known as early as possible. If you are not interested in sexual activity with someone, clearly tell them "no" and attempt to remove yourself from the physical presence of that person.
  • Do your best to engage responsibly with any alcohol intake/drug use. Consider telling a friend what your intentions are for a night out so that they are aware and can help you get home if you become more intoxicated or high than you anticipated.
  • Take care of your friends and ask that they take care of you.
  • In an emergency, call 9-1-1.

Evaluating Your Relationship

Ask yourself if your partner does any of the following:

  • Do they threaten to hurt you or your children?
  • Do they say it’s your fault if they hurt you and then promise it won’t happen again (but it does)?
  • Do they you down in public?
  • Do they engage in sexual activity with you when you don’t want to?
  • Do they send you unwanted messages and gifts?
  • Do they limit the time you have to spend with others outside of your relationship?
  • Do they engage in behaviors that make you feel like you have limited options?

If you answered yes to any of these questions, you may wish to re-evaluate whether your relationship is healthy. Share with trusted individuals about your concerns, and consider scheduling an appointment with a confidential support resource like a Campus Confidential Advocate.

You may also want to consider doing the following:

  • Watch out for dates and/or anyone who tries to get you drunk or high beyond what you set out to do.
  • Set and maintain boundaries with partners, friends, and acquaintances.
  • Never leave a social situation with someone you don’t know well and trust.
  • Learn all you can and talk with your friends.
  • Remember that you have options to report an incident if something may have violated the CSU Nondiscrimination Policy.

What You Can Do If You Have Experienced Sexual Misconduct

Go to a safe place as soon as possible. Know that you are not at fault. Below are some options available to you:

Reducing Your Risk of Engaging in Sexual Misconduct

These suggestions may help you to reduce your risk of engaging in harmful behavior like Sexual Misconduct:

  • Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.
  • Understand and respect personal boundaries. Ask others what they feel comfortable with, and treat them as they want to be treated. Respect their choice if they say they are not interested in sexual activity or other behaviors.
  • Don’t make assumptions about consent, someone’s sexual or personal boundaries, whether they are attracted to you, or whether they want to have a relationship with you. If there are any questions or ambiguity, then you do not have consent. Mixed messages from your partner are a clear indication that you should stop and communicate better.
  • Remember that an incapacitated person does not have the capacity to give Affirmative Consent, and so it is important to know the observable signs of incapacitation. 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 capacity, awareness of consequences, and ability to make fully informed judgments.
  • Understand that consent to some form of sexual behavior does not automatically imply consent to any other forms of sexual behavior.
  • Silence and passivity cannot be interpreted as an indication of consent. Read your potential partner carefully, paying attention to verbal and non-verbal communication and body language. Affirmative Consent is only present when everyone involved has communicated (either verbally or nonverbally) in a clear way to indicate their agreement to engage in sexual activity before sexual activity occurs.

Men’s Roles in Prevention

Male-identifying individuals play an important role in ending sexual harassment and misconduct.

Despite common myths and misconceptions, all people who have been harmed should have a voice in prevention education to dispel myths about who is vulnerable to harassment and abuse and to provide support to others who may feel isolated and misunderstood. Stereotypes around femininity and masculinity and around sexual orientation can often leave those who have been harmed feeling ignored or invisible. This is why attention to intersectionality plays such an important role in prevention education.

Additionally, male-identifying individuals can contribute to prevention efforts by positively modeling forms of masculinity that do not lend themselves to sexual harassment and misconduct. For instance, studies have shown that those who hold rape-supportive attitudes and adhere to strict gender roles may be less likely to intervene as bystanders or may be less likely to report sexual misconduct or harassment (CAPPA’s “Addressing Alcohol’s Role in Campus Sexual Assault Toolkit,” pp. 12). It is up to all of us to hold those within our own communities accountable for upholding problematic social norms that lend themselves to discrimination, harassment, and sexual misconduct. While it may be difficult to speak up, countering discriminatory or violent language can help stop it from continuing. It is everyone’s responsibility to undermine rape-supportive myths, and male-identifying individuals play an important role in this effort.  

Learn more about CSUF's Male Success Initiative.

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Bystander Intervention

CSUF and the Office for Civil Rights and Equity encourages you to intervene as an active bystander in potentially harmful situations. Bystander intervention is acting to prevent or reduce harm by confronting or interrupting problematic behaviors or practices. When we intervene to stop dangerous, harmful, or discriminatory behavior, we send the message to others that such behavior is not acceptable within the CSUF community. Bystander intervention can be used to prevent or address non-inclusive language, harmful assumptions or "jokes," and possible safety issues. If you notice a situation and assume responsibility to help address it, you are showing others with your actions that their well-being matters. Being an active bystander can help shape a culture where everyone looks out for one another.

If it is not safe to intervene immediately or if an intervention in the moment may escalate the situation, it is okay to wait until a safer or more appropriate time to check in with someone to see if they are safe. Consider offering to connect someone who has experienced potential harm to support resources on campus. Never put yourself in harm's way to intervene as an active bystander. If you witness an emergency situation, please call 9-1-1.

Cal State Fullerton embraces three core methods of Bystander Intervention: Direct, Distract, and Delegate. 

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Direct  means to immediately and actively intervene in a situation to prevent harm. If it is safe to do so, you could calmly and assertively address what is happening – whether that is communicating directly to others in person or online.

Distract  means finding a way to divert attention or otherwise interrupt what’s happening to create an opportunity for the individuals involved in the possibly harmful interaction to separate from one another.

Delegate  means to identify someone else with more knowledge or authority who can help either in the moment or later. This is best when you feel uncomfortable or unsafe jumping in directly or even creating a distraction.

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Overcoming Barriers to Intervening

Barriers that students might face depend on their identities, lived experiences, access to information, or other circumstances

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Students may:

  • Lack information about what options are available
  • Be concerned they won’t be believed
  • Worry about getting in trouble
  • Worry about this being on their student records
  • Not want to get the other person in trouble
  • Worry about how the other person will react
  • Have concerns about social/friend group impacts

Reducing Barriers to Reporting Alleged Misconduct:

  • Individual and community safety is our top priority
  • There is no time limit for reporting alleged violations  of the CSU Nondiscrimination Policy
  • The policy applies across all 23 CSU campuses, and  our office often collaborates with other Title IX offices
  • Students reporting sex-based misconduct will not be disciplined for related Student Conduct violations that happened at or near the same time as the alleged incident unless the Student Conduct issue was egregious
  • Everyone can exercise their rights outlined the CSU Nondiscrimination Policy without facing Retaliation
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Respecting Diverse CSUF Identities and Addressing Microaggressions & Implicit Bias

CSU Nondiscrimination Policy Statement of Values:

The California State University (CSU or University) is committed to maintaining an inclusive and equitable community that values diversity and fosters mutual respect. We embrace our community differences in Age, Disability (physical and mental), Gender (or sex), Gender Identity (including nonbinary and transgender), Gender Expression, Genetic Information, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color, caste, or ancestry), Religion (or religious creed), Sexual Orientation, Veteran or Military Status. All Students and Employees have the right to participate fully in CSU programs, activities, and employment free from Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation.

Microaggressions

Microaggressions are the everyday, subtle, intentional or unintentional, verbal and nonverbal slights or prejudices that impact and exclude those from marginalized communities.

Implicit Bias

Implicit Biases are biases that are implied, suggested, hinted at, or felt, rather than expressed directly or explicitly.

Rape Culture

Rape Culture is one form of implicit bias. “Rape culture” refers to the cultural or institutional ways that rape is normalized and excused due to societal attitudes about gender and sexuality. It is perpetuated through gender stereotypes, certain dating practices, and rape myths.

Rape myths are false beliefs about the likelihood that individual behaviors, like dress, movement, or drug and alcohol consumption, will result in rape. Such myths enable victim-blaming, suggesting that if someone engages in those behaviors understood to increase one’s vulnerability, then the person “deserves” to be violated, either as punishment or to “teach a lesson.”

One can see rape culture enacted through misogynistic language, images, jokes, television, film, music, politics, etc. It can be difficult to identify because it is so pervasive, but this is exactly why it should be called out. Becoming more aware of rape culture is the first step towards preventing it.

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Other Conduct of Concern

What is "Other Conduct of Concern"?

The CSU refers to conduct that is incongruous with CSU’s shared values as “Other Conduct of Concern” (OCC). OCC includes one or more of the following:

Conduct that is directed at a person because of their protected status, but that does not violate CSU’s Nondiscrimination Policy because the conduct is not “severe,” “pervasive” or “persistent” as defined by CSU policy and federal and state law. 

Conduct that is materially disruptive to the learning, living, or working environment of the CSU, but for which discipline likely may not be imposed because it constitutes protected speech or conduct.  

Conduct that is considered “abusive” as defined in Cal. Govt Code section 12950.1(h)(2) or otherwise unprofessional, for which discipline may be imposed in accordance with Education Code section 89535(b).  

Why does the CSU address Other Conduct of Concern?

Left unaddressed, OCC can jeopardize the learning, living, and working environment at the CSU. Universities are marketplaces of ideas where principles of free speech and free scholarly inquiry are cherished and protected. These bedrock principles must be safeguarded along with CSU’s commitment to maintaining a culture of mutual respect. The CSU will not discipline employees or students for engaging in legally protected speech, but neither will it ignore the impacts of protected activity on our community and culture. Individuals who exercise personal rights of expression and inquiry in ways that are hurtful or offensive to others should be made aware of the effects of their actions and any harm they may knowingly or unknowingly have caused. Strategies for raising awareness about the effects of protected speech and other conduct include communicating and engaging with those involved in the exchange of concern, providing individual supportive measures, and developing community remedies through such activities as education and preventive programming.  This work has always been a fundamental responsibility of supervisors, guided by human resources, faculty affairs, and student affairs professionals. This guidance affirms and reinforces the CSU’s commitment to thoughtfully and proactively fostering and maintaining a climate that is anchored in respect and empathy in order to support the CSU’s educational mission.  

Through support services, policy, guidance, oversight, training, and action, the CSU supports the university community by fostering a thriving and positive community, and seeking to reduce instances of OCC. Collectively, we will work together to safeguard principles of protected speech and at the same time maintain a culture of care, consideration, and accountability.    

What is the CSU doing to reduce instances of Other Conduct of Concern?

The CSU provides training to supervisors and administrators in effectively responding to concerns raised by employees. Management, employee relations, and conflict resolution training, as well as other measures to support CSU leaders in this important and challenging work are critical to reducing and appropriately responding to instances of OCC.

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Building Healthy Relationships

Setting Healthy Boundaries

What are boundaries?

Boundaries are a form of self-care and a way for us to clarify for others what we value and what is acceptable and not acceptable in our relationships

Boundaries are not about saying “no” to others–they are about saying “yes” to yourself

Boundaries help others know how to best engage with you and treat you in the way you want to be treated, which can help strengthen relationships by helping each person feel respected

Types of Boundaries

Emotional boundaries

Emotional boundaries involve separating your feelings from another’s feelings

Physical boundaries

Physical boundaries include your needs for personal space, your comfort with touch, and your physical needs like needing to rest, eat, and relax  

Digital boundaries

Digital boundaries include what you are comfortable with in regards to devices and online posts or communications

What are some examples of healthy versus unhealthy boundaries?

Healthy Boundaries

Healthy boundaries start with an understanding of what we value and what we need from others to feel comfortable and respected

Healthy boundaries define what is acceptable and not acceptable in our relationships

Healthy boundaries help each person understand what behavior will keep both people safe and feeling respected

Healthy boundaries are not too rigid and not too porous–they might change as we grow and our relationship changes!

Unhealthy Boundaries
Examples of emotional boundary invasions:

Not knowing how to separate your feelings from your friend/partner’s feelings

Allowing their mood to dictate your level of happiness

Sacrificing your plans, dreams and goals for others

Not taking responsibility for yourself and blaming others

Examples of physical boundary invasions:

Violations of your body, sense of personal space, and privacy

Feeling as if you owe someone access to your body or physical intimacy or attention – you have the right to set physical boundaries with your partner(s) or others

Examples of digital boundary violations:

Texting in ways or at times you deem inappropriate or excessive

Texting or posting online unwanted photos or videos

Sharing things online that you considered private

How do I set healthy boundaries in my personal, romantic, and/or professional life?

Questions to ask when setting emotional boundaries:

How do the two of us show support for each other's interests and decisions?

How do we take action to validate each other’s feelings?

How do we demonstrate trustworthiness to each other?

Can we comfortably spend time away from one another?

How much physical contact is each partner comfortable with and/or expects?

How do you expect to deal with physical rejection – for instance, if one person makes a sexual advance but the other person is not in the mood?

Are we comfortable being tagged in posts?

What are our expectations for communication through texting or social media with each other?

Is it okay to use each other’s devices, and if so, when?

Is it okay to post about [insert topic here] publicly?

Tips for setting boundaries:

Find the right time when you are both calm and undistracted

Talk face to face if possible

Use “I” statements and avoid attacks or blame

Be honest with yourself and with the other person

Clearly state your boundary

Listen carefully to one another

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Domestic and Dating Violence

Definitions

Dating Violence means physical violence or threat of physical violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and

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.

Signs

Bullying or threatening behavior can include, but is not limited to:

Scaring you

Accusing you of cheating or being disloyal

Blaming you for their abuse

Criticizing you

Telling you how to dress and act

Threatening to harm you, your children, or a pet

Damaging your property

Yelling at or diminishing you

Financial abuse can include, but is not limited to:

Keeping money from you, even when you need to purchase basic items like food and clothing

Putting you on an allowance and making you account for all of your spending

Trying to control where and when you work

Taking money from your, your friends, or your family

Cutting you off from friends and family can include, but is not limited to:

Keeping tabs on where you go and with whom

Making you ask for permission to see friends and family

Embarrassing you in front of friends and family so that you avoid them

Physical abuse can include, but is not limited to:

Punching, pushing, kicking, orbiting you; pulling your hair

Using weapons to hurt you

Abandoning you in places you don’t know

Locking you in or out of your house

Keeping you from eating, sleeping, or access medical care

Sexual abuse can include, but is not limited to:

Forcing you to have sex

Making you dress in a provocative way dispute your discomfort

Making you feel as if you owe them sex

Doesn’t disclose an STI

Refuses to use, or lies about using, a condom or other form of birth control

What to look for if your suspect someone you know is being abused:

Injuries and excuses for them

Personality changes, such as changes in confidence or mood

Constant checking in with their partner

Constant fretting about pleasing their partner

Sudden loss of access to money

Sudden absences at work, school, or social gatherings without reason

Wearing unusual attire, either because it is out of character or because it is unseasonal (long sleeves in warm weather, for example, which help to cover injuries)

Are signs of abuse different according to gender?

The signs of abuse can often be the same, regardless of the gender identities of the couple.  

However, misconceptions can often make abuse of male-identifying individuals invisible or illegible. Over-investment in traditional gender roles or a strict gender binary can prevent victims from seeking or receiving help. Moreover, an abuser may rely upon gender stereotypes to dissuade their victim from reporting or seeking help. So, it is important to remember that abuse can happen to and by anyone.

While there may be a strength or power difference between the partners, this does not automatically mean that the stronger partner is incapable of being abused. Often abusers will rely on weapons or other objects or on the element of surprise to carry out physical abuse of a physically stronger partner. Abusive partners may also target children or pets if they cannot physically harm their partner directly.

Are signs of abuse different according to sexual orientation?

The signs can often be the same, regardless of the sexual orientation of the partners.  

However, misconceptions can often make abuse within same-sex couples invisible or illegible. Over-investment in heteronormativity – the idea that heterosexual coupling is the only normal or natural romantic or sexual option – can prevent victims from seeking or receiving help. Moreover, an abuser may rely upon gender stereotypes to dissuade their victim from reporting or seeking help. So, it is important to remember that abuse can happen to and by anyone.

The added marginalization of those of the LGBTQ community can also add complexity to cases of domestic or dating violence. For instance, in addition to the sign listed above, the following include additional forms of abuse specific to LGBTQ couples:

Telling you that you are not really the gender with which you identify

Threatening to out you to your friends or family

Weaponizing of heteronormativity to prevent you from reporting – for instance, suggesting that authority figures will never believe reports anymore so there is no point making one

Resources  

Click here for more information about resources for support.

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Stalking

Definition

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:

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.

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

Signs

Signs of stalking can include, but are not limited to:

Repeated phone calls, sometimes with hang-ups

Repeated texts, emails, letters, or gifts, despite you not reciprocating

Following you, lingering in places you frequent, or randomly showing up where you are

Monitoring your phone and/or computer use, possibly with spyware

Damage to your property

Using technology like GPS devices to track your movements

Threatening you or someone close to you, including you pets

Using other people to try to communicate with you, like friends, family, or children

Does Stalking only occur between individuals involved or previously involved in a romantic or intimate relationship?

Stalking can take place between individuals who have never been romantically or intimately involved. Stalking is any 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. 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. Substantial Emotional Distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

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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. While these relationships are consensual, they involve an unequal power dynamic and are therefore prohibited so as to avoid devolving into a harmful situation for the subordinate party. According to the CSU Nondiscrimination Policy, examples of Prohibited Consensual Relationships include, but are not limited to, a supervisor and an employee in their chain of command; a faculty member and a student enrolled in their class; a counselor and a student they are advising; a resident advisor and a student in their building; a club advisor and club member.