ARTICLE 2. Definitions [66260 - 66264]
( Article 2 added by Stats. 1998, Ch. 914, Sec. 49. )
The definitions in this article shall govern the use of the terms defined for purposes of this chapter.
(Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.)
“Disability” includes mental and physical disability as defined in Section 12926 of the Government Code.
(Added by Stats. 2007, Ch. 569, Sec. 36. Effective January 1, 2008.)
“Disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status,” includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(Amended by Stats. 2018, Ch. 779, Sec. 2. (SB 183) Effective January 1, 2019.)
“Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.
(Amended by Stats. 2011, Ch. 719, Sec. 10. (AB 887) Effective January 1, 2012.)
“Governing board” means the governing board of a community college.
(Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.)
“Nationality” or “national identity” includes a person’s actual or perceived shared ancestry or ethnic characteristics, citizenship, or residency in a country with a dominant religion or distinct religious identity. Discrimination against Jewish, Muslim, Sikh, Hindu, Christian, or Buddhist students, or students of another religious group, when the discrimination involves racial, ethnic, or ancestral slurs or stereotypes, constitutes discrimination on the basis of nationality or national identity.
(Amended by Stats. 2024, Ch. 844, Sec. 2. (AB 2925) Effective January 1, 2025.)
“Postsecondary educational institution” means a public or private institution of vocational, professional, or postsecondary education; the governing board of a community college district; the Regents of the University of California; or the Trustees of the California State University.
(Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.)
“Race or ethnicity” includes ancestry, color, ethnic group identification, and ethnic background.
(Added by Stats. 2007, Ch. 569, Sec. 39. Effective January 1, 2008.)
“Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. “Discrimination on the basis of religion” includes, but is not limited to, anti-Semitism and Islamophobia.
(Amended by Stats. 2024, Ch. 844, Sec. 3. (AB 2925) Effective January 1, 2025.)
(a) (1) “Sexual harassment” has the same meaning as defined in Section 212.5 and includes sexual battery, sexual violence, and sexual exploitation.
(2) Sexual harassment of students is a form of sex discrimination prohibited by Section 66270.
(b) For purposes of this chapter, the following terms have the following meanings:
(1) “Sexual violence” means physical sexual acts perpetrated against a person without the person’s affirmative consent, as defined in paragraph (1) of subdivision (a) of Section 67386. Physical sexual acts include both of the following:
(A) Rape, defined as penetration, no matter how slight, of the vagina or anus with any part or object, or oral copulation of a sex organ by another person, without the consent of the victim.
(B) Sexual battery, as defined in paragraph (2).
(2) “Sexual battery” means the intentional touching of another person’s intimate parts without consent, intentionally causing a person to touch the intimate parts of another without consent, or using a person’s own intimate part to intentionally touch another person’s body without consent.
(3) “Sexual exploitation” means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including, but not limited to, any of the following acts:
(A) The prostituting of another person.
(B) The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion.
(C) The recording of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, without that person’s consent.
(D) The distribution of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure.
(E) The viewing of another person’s sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person’s consent, for the purpose of arousing or gratifying sexual desire.
(Amended by Stats. 2020, Ch. 303, Sec. 2. (SB 493) Effective January 1, 2021.)
“Sexual orientation” means a person’s physical, emotional, and romantic attraction to other people. “Sexual orientation” includes, but is not limited to, heterosexuality, homosexuality, bisexuality, asexuality, and pansexuality.
(Amended by Stats. 2024, Ch. 490, Sec. 1. (SB 1491) Effective January 1, 2025.)
“State financial assistance” has the same meaning as defined in Section 213.
(Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.)
“State student financial aid” has the same meaning as defined in Section 214.
(Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.)