CACI No. 3065

Factual Elements (Civ. Code, § 51.9)

[Name of plaintiff] claims that [name of defendant] sexually harassed [him/

her/nonbinary pronoun]. To establish this claim, [name of plaintiff] must

prove all of the following:

1. [That [name of plaintiff] had a [business/service/ [or] professional]

relationship with [name of defendant];]

1. [or]

1. [That [name of defendant] held [himself/herself/ nonbinary pronoun]

out as being able to help [name of plaintiff] establish a [business/

service/ [or] professional] relationship with [[name of defendant]/

[or] [name of third party]];]

2. [That [name of defendant] made [sexual

advances/solicitations/sexual requests/demands for sexual

compliance/[insert other actionable conduct]] to [name of plaintiff];]

2. [or]

2. [That [name of defendant] engaged in [verbal/visual/physical]

conduct of a [sexual nature/hostile nature based on gender];]

3. That [name of defendant]’s conduct was unwelcome and also

pervasive or severe; and

4. That [name of plaintiff] has suffered or will suffer [economic loss

or disadvantage/personal injury/the violation of a statutory or

constitutional right] as a result of [name of defendant]’s conduct.

New September 2003; Revised April 2008; Renumbered from CACI No. 3024

December 2012; Revised January 2019