Title IX: Preventing Sex Discrimination
Overview
Please review the information below and then return to the sex discrimination prevention course.
What is Sexual Violence and Sexual Harassment
Under California law, sexual violence is physical sexual acts perpetrated against a person without the person’s affirmative consent.
- Affirmative consent is affirmative, conscious and voluntary agreement to engage in sexual activity.
- It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity.
- Lack of protest or resistance does not mean consent, nor does silence mean consent.
- Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.
- The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
Sexual harassment includes sexual battery, sexual violence, and sexual exploitation.
Sexual harassment of students is a form of illegal sex discrimination.
Community Resources
To access community resources for students who are victims of sexual violence and sexual harassment:
- Visit ValorUS (formerly the California Coalition Against Sexual Assault) to find a rape crisis center in your area and to get information on prevention resources related to healthy relationships and sexual violence.
- If you have been raped or experienced sexual violence, call the National Sexual Assault Hotline at 1-800-656-4673 or visit the website to chat one-on-one with a trained support specialist, any time 24/7.
Facts and Myths about Sexual Assault
MYTH
Sexual assault is provoked by the victim’s actions or behaviors, like the way they dress.
FACT
Sexual assault is never a victim’s fault. Sexual assault is an act of violence and control over another person. It is not a result of sexual desire. It is solely to responsibility of the person choosing to harm another person. Everyone has a right to be safe from sexual violence, regardless of what they wore or how they acted.
MYTH
Most sexual assaults occur between strangers.
FACT
Most sexual assaults are committed by someone the victim knows: a neighbor, friend, acquaintance, co-worker, classmate, spouse, partner or ex-partner. Research shows that approximately 80% of women reporting sexual assault knew their assailant.
MYTH
Men cannot be sexually assaulted.
FACT
People of any sex or gender can be targets of sexual assault. Men can be, and are, sexually assaulted. Sexual assault of men is thought to be greatly under-reported, partially because of this misconception. A person can be sexually assaulted regardless of size, strength, sexual orientation, or appearance.
MYTH
I would be able to recognize someone who would commit sexual assault.
FACT
Perpetrators of sexual assault come from all educational, socioeconomic, occupational, racial and cultural backgrounds. They are “ordinary” and “normal” individuals who sexually assault victims to assert power and control over them. A person who is a good friend, classmate, or teammate can still be a perpetrator of sexual assault.
MYTH
Victims who do not fight back have not been sexually assaulted.
FACT
Anytime a person is forced to have sexual contact against their will, they have been sexually assaulted, regardless of whether or not they fought back. There are many reasons why a victim might not physically fight their attacker including shock, fear, threats, incapacitation by alcohol or other drugs, or the size and strength of the attacker.
MYTH
A sexual assault survivor will be crying and emotional when they disclose their assault.
FACT
People react to crises in different ways. Reactions may include numbness, seeming shut down, anxiety, depression, flashbacks, and suicidal feelings.
MYTH
If a person is sexually assaulted while drinking, they are at least partially responsible.
FACT
Alcohol is not a cause of rape. It is a tool that some perpetrators use. An assailant may encourage the victim to drink, or intentionally target an individual who is already drunk.
MYTH
When a person says no or is silent, they really mean yes.
FACT
Saying yes to sexual contact is giving consent. Silence does not mean consent. We are all responsible for gaining consent from our partner at each step. If you are ever unclear about your partner’s wishes, ask for clarification. If your partner says no or seems unsure, respect that person and their wishes.
MYTH
Lesbian, gay, bisexual or transgender individuals are more likely to be perpetrators than other people.
FACT
Statistically, offenders are disproportionately likely to be heterosexual men. Studies have shown that LGBTQIA+ individuals are more likely to be targets of sexual violence, not perpetrators. Citation: The National Intimate Partner and Sexual Violence Survey (NISVS).
MYTH
It’s OK to pressure or talk someone into sexual activity, as long as they eventually say “yes”.
FACT
A “yes” given under threat or coercion is not true consent. Pressuring someone to have sex is coercion, a tactic used to intimidate, trick or force someone to have sex. A “yes” given under threat or coercion is not true consent.
How Common is Campus Sexual Assault
Campus sexual assault (CSA) makes up the greatest proportion, 43%, of total on-campus crimes in the United States, resulting in approximately eight forcible sex offenses per 10,000 students.
At the beginning of a new school year, there is a link between the increased frequency of social gatherings and rates of sexual assault. Research has found that 50% of CSAs occur during this period, especially for students who are new to campus.
Sexual Assault and Gender, Race, and Disability
Gender-based violence
- Rates of sexual assault victimization are particularly high among female college students, 25% of whom reported being victims of CSA in one study.
- College women in their first year are at the highest risk for sexual assault, including drug-and-alcohol facilitated sexual assault as well as attempted or completed forcible rape.
- Men also experience CSA, which one study showed affected 6.8% of undergraduate men and 2.5% of graduate student men.
- Men enrolled in college are 78% more likely to experience CSA when compared to other men of the same age not enrolled in college.
- LGBTQIA+ college students experience an elevated risk of sexual assault compared to their heterosexual and cisgender peers.
- Students who identify as sexual minority men are nine times as likely as heterosexual male students to have experienced sexual assaults.
- Students who identify as sexual minority women are twice as likely as heterosexual female students to have been sexually assaulted.
- Gay and bisexual men reported similar rates of CSA as heterosexual women.
- Transgender college students also face higher rates of sexual assault victimization than cisgender students.
- Rates of sexual assault victimization are particularly high among female college students, 25% of whom reported being victims of CSA in one study.
- Individuals with disabilities
- Students with disabilities are more likely to be victims of sexual assault and may be particularly vulnerable due to a range of factors, including:
- physical challenges,
- stereotypes about people with disabilities, and
- lack of opportunities for comprehensive sexual education.
- One study showed that 31.6% of undergraduate females with disabilities reported nonconsensual sexual contact involving physical force or incapacitation, compared to 18.4% of undergraduate females without a disability.
- Students with disabilities are six times less likely than their peers to report sexual assault, often due to lack of accessibility to information on reporting as well as stigma surrounding disability and sexual assault.
- Students with disabilities are more likely to be victims of sexual assault and may be particularly vulnerable due to a range of factors, including:
- Race and ethnicity
- Reported sexual assault experiences vary by race and ethnicity.
- A recent campus climate survey on sexual assault demonstrated higher rates of sexual assault reported by Hispanic students relative to non-Hispanic students.
- A separate study showed the highest rates of sexual assault for Black students, followed by those who reported “other” race/ethnicity, White, Hispanic, or Latino/a, and Asian or Pacific Islander students.
- Reported sexual assault experiences vary by race and ethnicity.