Page History

California Addendum

For Bethel students, employees, community members, and all others subject to this policy located in California, the following definitions based on California Statutes are substituted for the Minnesota Statutes referenced in the policy. California contact information is also included.

Definitions

Consent

Consent means positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have clear knowledge of the nature of the act or transaction involved.  A person must be of legal age to give consent. A person who is incapacitated cannot give consent. A current or previous dating or marital relationship shall not be sufficient to constitute consent. Consent to a prior sexual act does not imply ongoing future consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Silence, absence of resistance, or the failure to give a negative response does not imply consent. Consent can be withdrawn at any time.

The use of coercion, threat, or force takes away a person’s ability to give consent. Sexual coercion is the act of using pressure, alcohol, medications, drugs or force to have sexual contact against an another person’s will or with another person who already refused. Force is the use of physical violence to gain sexual access, including threats, intimidation, and actual physical imposition. See Cal. Code Section 261.6.

Domestic Violence

Domestic violence is felony or misdemeanor violence of abuse perpetrated against a spouse or former spouse, cohabitant or former cohabitant, person with whom the respondent is having or has had a dating or engagement relationship, a person with whom the respondent has had a child, a child of a party or a child who is the subject of an action under the Uniform Parentage Act, or any other person related by consanguinity or affinity within the second degree. See Cal. Fam. Code Section 6211; Cal. Code Section 273.5.

Dating Violence

Dating violence is a form of sexual violence and is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The relationship existence is determined based on a consideration of the following factors (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship. Dating relationship means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations. See Cal. Fam. Code Section 6210.  Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Sexual Assault

Sexual assault is a term that covers a range of forcible and non-forcible sexual misconduct, including sexual battery, rape, and sexual coercion. Sexual battery is touching the intimate part of another person, with no consent for the touching or that the consent was fraudulently obtained, and that the touching was done for sexual arousal, gratification, or abuse. Rape is nonconsensual sexual intercourse that involves the use or threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress.  Sexual coercion is the act of using pressure, alcohol, medications, drugs or force to have sexual contact against an another person’s will or with another person who already refused. See Cal. Code Section 243.4.

Stalking

Stalking means any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety. Stalking behavior includes, but is not limited to a person who (1) makes repeated, unwanted, intrusive, and frightening communications by phone, mail, or email; (2) repeatedly leaves or sends the victim unwanted items, presents, or flowers; or (3) follows or waits for the victim at places. See Cal. Code Section 646.9. This should generally be examined under a reasonable person standard in which a reasonable person under similar circumstances and with similar identities to the person affected suffers mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

 

Contact Information

24-Hour Emergency

911 (dial 9 first if using on-campus phone)

24-Hour Emergency On-Campus

Office of Security and Safety

651.638.6400

Office location HC103

Cara Wald, Director of Human Resources and Title IX Coordinator/Compliance Officer

c-wald@bethel.edu

Office: 651.635.8657

Cell: 612.709.4783

Office location: RC311