Sexual Harassment and Sexual Assault Nontolerance


Sexual Harassment and Sexual Assault Nontolerance

CSUMB and its auxiliary organizations strive to maintain a working and learning environment free from sexual harassment. Sexual harassment may range from sexual innuendoes made at inappropriate times, perhaps in the guise of humor, to coerced sexual relations. One form of harassment occurs when a person in a position to control, influence, or affect another person's job, salary, career, or grades uses that authority to coerce the other person into sexual relations or to act in a punitive manner should the sexual advance be rejected. Another form of sexual harassment occurs when a person or group is treated adversely or subjected to offensive behavior on the basis of sex that, because it is sufficiently severe or pervasive, creates a hostile environment. For example, all of the following are considered discriminatory:

  • Verbal harassment or abuse
  • Subtle pressure for sexual activity
  • Persistent remarks about another person's clothing, body, or sexual activities
  • Unnecessary touching, patting, pinching, or brushing against another person's body
  • Requesting sexual favors accompanied by implied or overt threats concerning one's job, grades, or letters of recommendation
  • Disparaging comments about either gender as a group
  • Use of sexist humor or demeaning sexual allusions
  • Calling on students of either gender more or less frequently or being more critical of their comments
  • Giving employees of either gender more difficult assignments and being more critical of their work
  • Making statements which communicate to students or employees limiting preconceptions about appropriate and expected behaviors, abilities, career directions, and personal goals which are based on gender rather than individual interest or ability

CSUMB and its auxiliary organizations will not tolerate sexual assault in any form. CSUMB has adopted the state of California's definition of sexual assault to mean any involuntary sexual act in which a person is threatened, coerced, or forced to comply against will and includes rape, acquaintance rape, date rape, and sexual battery. Sexual assault, which is a form of sexual harassment, is included in the definition of sex discrimination which is prohibited in Title VII of the Civil Rights Act of 1964 as amended and Title IX of the Educational Amendments of 1972 as amended. It is also governed by the California Penal Code (Sections 261 and 243.4) and Assembly Concurrent Resolution No. 46 (Resolution Chapter 105, passed into law on September 14, 1987).