Federal and State Laws
All conduct prohibited by federal and state law is in violation of District policy. This includes, but is not limited to, sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual violence, and sexual exploitation.
The Title IX Coordinator oversees MSJC’s compliance with federal and state laws that prohibit sexual harassment and provide protections for those who are involved.
Federal Law: Title IX
Title IX of the Education Amendments of 1972 is a federal civil rights law. Title IX states:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Sexual harassment, sexual assault, dating violence, domestic violence, and stalking are all prohibited under Title IX.
For conduct to be addressed through guidelines set forth in Title IX, the following jurisdictional requirements must be met:
- Conduct took place in the United States;
- Conduct took place in a District "education program or activity," including locations, events, or circumstances over which the District exercised substantial control over both the Respondent and the context in which the harassment occurred, at on-campus and off-campus properties and buildings owned or controlled by the District or an officially recognized student organization;
- Conduct meets the definition of Title IX "sexual harassment."
See AP 3434 for the complete Title IX grievance process, including the prescribed timeline.
State Law: California SB 493
California Senate Bill 493 went into effect on January 1, 2022 and requires postsecondary institutions that receive state financial assistance to comply with requirements related to protecting students and providing procedural protections when there is a complaint of sexual harassment.
See AP 3410 for the grievance process that applies when conduct does not fall under Title IX.
State Law: California SB 967
California Senate Bill 967 was enacted into law in 2014 and requires schools whose students receive financial aid to uphold an affirmative consent standard. Sometimes called the “Yes Means Yes Law,” it defines what consent is, when it is required, and the circumstances under which someone can consent to engage in sexual activity.