"No person in the U.S. shall on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial aid."

Title IX (20 U.S.C. § 1681 et seq.) is a federal law that prohibits discrimination on the basis of sex in educational programs and activates, including academic, educational, extracurricular, athletics and employment.  Title Ix protects all people regardless of their gender or gender identity from sex discrimination, including sexual harassment and sexual misconduct.

Title IX covered acts:

• Sexual discrimination/ harassment, sexual misconduct

• Sexual violence (rape, fondling, incest, sexual assault, statutory rape)

• Sexual exploitation

• Sex/gender based stalking

• Sex/gender based bullying

• Sex/gender based hazing

• Intimate partner violence

• Discrimination on the basis of sex:

  • Dating violence

  • Domestic violence

  • Gender identity

  • Hostile environment harassment

  • Pregnancy or related conditions

  • Sex characteristics

  • Sex stereotypes

  • Sex-based harassment

  • Sexual orientation

  • Stalking 

When sexual violence/sexual harassment is reported and found to have occurred, Title IX requires the District must take prompt and effective steps to:

1. End the sexual violence/sexual harassment,

2. Prevent its recurrence, and

3. Address its effects, whether or not the sexual violence/sexual harassment is the subject of a criminal investigation.

 

The Violence Against Women Act (42 U.S.C. § 13701 et seq.) is a federal law that provides funding for te investigation and prosecution of violent crimes against women, imposed automatic and mandatory restitution on the victims of those convicted, and allows civil redress in cases where prosecutors chose not to prosecute. The Act also established the Office on Violence Against Women within the Department of Justice

In 2013, the VAWA was strengthened and reauthorized with the inclusion of the Campus Sexual Violence Elimination Act (Campus Save). Campus Save also amended the Jeanne Clery Act and clarified that "sexual violence" includes domestic violence, dating violence and stalking which must be included in the Campus Clery reports, and also required that institutional policies address and prevent sexual violence through training and education, and certain discipline procedures.

 

Campus Save higher education institution obligations include:

1. Increased transparency about sexual assault issues on campus by expanding sexual crime reporting;

2. Identify the institution's Campus Security Authority (CSA's) personnel;

3. Create a Campus Sexual Assault Victim Bill of Rights;

4. Set standards for disciplinary proceedings; and

5. Require campus-wide prevention education programs

All San José Evergreen Community College District employees are mandated reports and must notify the Title IX Coordinator upon receipt of information about sex discrimination.  

Confidential employees are exempt from serving as mandated reporters.  Confidential employees include case managers, doctors, mental health counselors, and nurses working within Student Health Services.

• Title IX Coordinator
• William Garcia
• Vice President, Student Affairs
• (408) 288-3729
• William.Garcia@sjcc.edu

• Deputy Title IX Coordinator, SJCC Main Campus
• Blake Balajadia
• Director of Student Development
• (408) 288-3160
• Blake.Balajadia@sjcc.edu

• Deputy Title IX Coordinator, Milpitas Extension
• Azam Awan
• Director, Milpitas Extension
• (408) 947-5352
• Azam.Awan@sjcc.edu

• District Lead Title IX Coordinator
  
• Dio Shipp
• Vice Chancellor of Human Resources
• (408) 223-6704
• Dio.Shipp@sjeccd.edu

• District Title IX Investigator
• Lisa Owen
• Senior Human Resources Analyst Compliance, Training & Employee Relations
• (408) 274-6700 ext. 6586
• Lisa.Owen@sjeccd.edu

• Student Health Center Coordinator
• Open

• San José-Evergreen Community College District Police Department
• Chief Thomas Morales
• (408) 270-6468
• Thomas.Morales@sjeccd.edu

 

William Garcia (Title IX Coordinator for San José City College)

Title IX Coordinator 1 Training, ATIXA
(Online via Zoom) September 20-21, 2021

Title IX Training Series: Part 1, Liebert Cassidy Whitmore by Eileen O’Hare –Anderson & Monica Espejo
(Online via Zoom) October 29, 2021

Title IX Training Series: Part 2, Liebert Cassidy Whitmore by Eileen O’Hare –Anderson & Monica Espejo
(Online via Zoom) November 5, 2021

Title IX Training Series: Part 3, Liebert Cassidy Whitmore by Eileen O’Hare –Anderson & Monica Espejo
(Online via Zoom) November 11, 2021

Title IX training for Hearing Panel and Decision Makers [Part 1 and 2] by Grand River Solutions
(Online via Zoom) January 18, 2024, and January 19, 2024

Introduction to Title IX by Liebert Cassidy Whitmore
(In-person) August 22, 2024

Blake Balajadia (Deputy Title IX Coordinator for SJCC and Investigator)

ATIXA Title IX Coordinator and Administrator Training & Certification Course - June 13-16, 2016, Denver, CO

ATIXA Civil Rights Investigator Level Three Sexual Harassment Certification and Training Course
September 24 & 25, 2018, San José, CA

Title IX Coordinator 1 Training, ATIXA
(Online via Zoom) September 20-21, 2021

Title IX Training Series: Part 1, Liebert Cassidy Whitmore by Eileen O’Hare –Anderson & Monica Espejo
(Online via Zoom) October 29, 2021

Title IX Training Series: Part 2, Liebert Cassidy Whitmore by Eileen O’Hare –Anderson & Monica Espejo
(Online via Zoom) November 5, 2021

Title IX Training Series: Part 3, Liebert Cassidy Whitmore by Eileen O’Hare –Anderson & Monica Espejo
(Online via Zoom) November 11, 2021

Title IX training for Hearing Panel and Decision Makers [Part 1 and 2] by Grand River Solutions
(Online via Zoom) January 18, 2024, and January 19, 2024

Introduction to Title IX by Liebert Cassidy Whitmore
(In-person) August 22, 2024

Lisa Owen (Title IX Investigator)

NACUA Title IX Coordinator Training, completed August 13, 2015

ATIXA Civil Rights Investigator Training & Certification

Level One: January 14 & 15, 2016 

Level Two: September 29 & 30, 2016 

Level Three: September 20 & 21, 2018 

Level Four Due Process: July 25 & 26, 2018

ATIXA California Case Law Webinar, March 2019
 
ATIXA Preparing for the OCR Proposed Regulations: What Steps to be Taking Now?, March 2019
 
Lozano Smith Attorneys at Law – The Future is Here: Non-Binary Individuals in the Workplace, October 2019
 
Devaney Pate Morris & Cameron – 2019 Best Practices for Sexual Assault, Sexual Harassment Complaints and Investigations, October 2019
 
ACHRO EEO – Sexual Orientation and Gender Identify Discrimination, October 2019
 
ATIXA A Broad Research-Based Perspective on the Standard of Evidence – Campus Title IX and Beyond, October 2019
 
ATIXA 2020 Title IX Regulations Overview, May 2020
 
AALRR The Title IX New Regulations, June 2020
 
ATIXA 2020 Title IX Regulations Implementation Training & Certification Course, July 2020

ATIXA Title IX Coordinator and Administrator Training & Certification Course, February 2021

Title IX Training Series: Part 1, Liebert Cassidy Whitmore by Eileen O’Hare –Anderson & Monica Espejo
(Online via Zoom) October 29, 2021

Title IX Training Series: Part 2, Liebert Cassidy Whitmore by Eileen O’Hare –Anderson & Monica Espejo
(Online via Zoom) November 5, 2021

Title IX Training Series: Part 3, Liebert Cassidy Whitmore by Eileen O’Hare –Anderson & Monica Espejo
(Online via Zoom) November 11, 2021

ATIXA What California Schools Need to Know About SB 493, November 2021
 
AXITA NPRiMer – Preparing for the 2023 Title IX Regulations, June 2022
 
Understanding and Advocating for Gender, Justice & Inclusion, November 2022

Title IX training for Hearing Panel and Decision Makers [Part 1 and 2] by Grand River Solutions
(Online via Zoom) January 18, 2024, and January 19, 2024

Introduction to Title IX by Liebert Cassidy Whitmore
(In-person) August 22, 2024

Azam Awan (Deputy Title IX Coordinator for Milpitas Extension and Investigator)

Title IX training for Hearing Panel and Decision Makers [Part 1 and 2] by Grand River Solutions
(Online via Zoom) January 18, 2024, and January 19, 2024

Introduction to Title IX by Liebert Cassidy Whitmore
(In-person) August 22, 2024

Title IX Coordinator Foundations: Sex-Based Harassment for Higher Education Certification (2024 Regulations)

If you have been sexually harassed, physically or verbally assaulted the College urges to report the incident to the Vice President of Student Affairs/Title IX Coordinator or to District Police. Please click here  to file a  Title IX Incident Report.

1. FIRST AND FOREMOST, KNOW THAT WHAT HAPPENED WAS NOT YOUR FAULT!

2. After an assault has occurred, GO TO A SAFE PLACE. Seek a friend or a trusted person on campus to be with you for moral support.  You can also go to the home of a friend or a family member, or any place where you can find physical safety and receive emotional support.  The Student Health Center on each campus is a safe and confidential place to report.

3. Report the attack to law enforcement immediately. If the assault occurs on campus, we urge you to contact:
   San José-Evergreen Community College District (SJECCD) Police (408) 270-6468 from your cell phone or dial extension 6468 from any campus phone (If you have experienced or have witnessed sexual assault, harassment, or violence on campus, you may remain anonymous when calling 911 or the SJECCD District Police by identifying the call as a SaVe Act call instead of giving your name);

   or

   San José City College Vice President of Student Affairs/Title IX Coordinator located in Robert N. Chang Student Center, Room 216L (408) 288-3729.

4. ​Seek medical care as soon as possible. Even if you do not have any visible physical injuries, you may be at risk of acquiring a sexually transmitted disease (women may also be at risk for pregnancy). We encourage you to go to the Student Health Center for medical, counseling services and/or contact any of the following health referral services:  

5. Preserve all evidence of the attack.

   • Do not bathe, wash your hands, brush your teeth, eat, or smoke.

   • Do not clean or straighten up or remove anything if you are still at the location in which the crime occurred.

   • Take pictures of any bruises or marks present.

   • Write down all the details you can recall about the attack and the perpetrator.

Sexual discrimination, harassment, assault, misconduct or violence can take many forms, including any sexual conduct that lacks mutual consent.  Harassment may take the form of stalking or the distribution, display or discussion of any written, graphic, visual or auditory material that is sexual in nature and has the purpose or effect of threatening, intimidating or interfering with a person's ability to study or work.  All such behaviors should be reported immediately.

San José-Evergreen Community College District, San José City College, and Evergreen Valley College are committed to ensuring a community that is safe for all who study, live, work and visit here.  Immediate notification of an issue is critical to fulfilling our commitment to you.  We understand that sexual discrimination, harassment, assault, misconduct or violence may be difficult to report but immediate reporting allows for the best possible efforts to support victims and to investigate and address the report.

Retaliation against anyone who reports in good faith or participates in the investigative process is prohibited and may be subject to sanctions as determined by the College.​

When the incident is reported to Campus Police, the following can occur:

• The police will investigate and cooperate with the local police, District attorney, and other appropriate agencies, if the severity of the incident warrants such interactions.

• As a current student, the police also will report the incident to the College Title IX Coordinator and the Vice President of Student Affairs (VPSA).

• The Title IX Coordinator will provide you with referral information to appropriate   support services and resources.  You will be asked if you would like to file a formal complaint.  If you make the decision to formally file a complaint, the Title IX Coordinator will provide you with the San José-Evergreen Community College District Formal Discrimination Complaint Form.  He or she can assist you in completing the form if you prefer.

• If another student is involved, the VPSA or designee, who is usually the Director of Student Life or the Director of Student Development & Activities, will follow appropriate disciplinary procedures.  Should a staff or faculty member be involved in the complaint, the Vice-Chancellor of Human Resources will be contacted.​

Victims of sexual assault will have the right to:

• Reasonable changes to the academic and living situations

• Referrals to counseling & assistance in notifying law enforcement

• Same opportunity as accused to have others present at disciplinary hearing

• Unconditional notification of outcomes of hearing, sanctions, and terms of sanctions in place

• Opportunities and assistance to speak (or choose not to speak) to anyone regarding the outcome

• Name and identifying information kept confidential (FERPA).

San José City College is committed to supporting pregnant students achieve academic success and provide support services, resources, and referrals, as appropriate. Read More

San José City College is committed to supporting student parents to achieve academic success and provide support services, resources, and referrals, as appropriate. Read More

The District is committed to equal opportunity in educational programs, employment, and all access to institutional programs and activities.

The District, and each individual who represents the District, shall provide access to its services, classes, and programs without regard to national origin, religion, age, gender, gender identity, gender expression, race or ethnicity, color, medical condition, genetic information, ancestry, sexual orientation, marital status, physical or mental disability, pregnancy, or military and veteran status, or because he/she is perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics.

The District Chancellor shall establish administrative procedures that ensure all members of the college community can present complaints regarding alleged violations of this policy and have their complaints heard in accordance with the Title 5 regulations and those of other agencies that administer state and federal laws regarding nondiscrimination.

No District funds shall ever be used for membership, or for any participation involving financial payment or contribution on behalf of the District or any individual employed by or associated with it, to any private organization whose membership practices are discriminatory on the basis of national origin, religion, age, gender, gender identity, gender expression, race, color, medical condition, genetic information, ancestry, sexual orientation, marital status, physical or mental disability, pregnancy, or military and veteran status, or because he/she is perceived to have one or more of the foregoing characteristics, or because of his/her association with a person or group with one or more of these actual or perceived characteristics.

 

All forms of harassment are contrary to basic standards of conduct between individuals. State and federal law, and this policy prohibit harassment, and the District will not tolerate harassment.  The District is committed to providing an academic and work environment that respects the dignity of individuals and groups.  The District shall be free of unlawful harassment, including that which is based on any of the following statuses:  race (including natural hair), religious creed, color, national origin, ethnicity, ancestry, immigration status, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation of any person, or military and veteran status, or because he/she/they is perceived to have one or more of the foregoing characteristics.

The District seeks to foster an environment in which all employees, students, unpaid interns, and volunteers feel free to report incidents of harassment without fear of retaliation or reprisal.  Therefore, the District also strictly prohibits retaliation against any individual for filing a complaint of harassment or for participating in a harassment investigation.  Such conduct is illegal and constitutes a violation of this policy.  The District will investigate all allegations of retaliation swiftly and thoroughly. If the District determines that someone has retaliated, it will take all reasonable steps within its power to stop such conduct.  Individuals who engage in retaliatory conduct are subject to disciplinary action, up to and including termination or expulsion.

The District recognizes that sex discrimination, including sexual harassment and violence, harms all students, undermines students’ physical safety, impedes students’ ability to learn, and can reinforce social inequality throughout a student’s lifetime.  The District will include on its website statistics on the prevalence of sexual harassment and sexual violence in the educational setting, and the differing rates at which students experience sexual harassment and sexual assault in the educational setting based on their race, sexual orientation, disability, gender, and gender identity.  The District has a responsibility to make reasonable efforts to respond effectively when sexual harassment is reported to, or observed by, District employees.

Any student, employee, unpaid intern, or volunteer who believes that he/she/they has been harassed or retaliated against in violation of this policy should immediately report such incidents by following the procedures described in AP 3435.  The District requires supervisors to report all incidents of harassment and retaliation that come to their attention.

This policy applies to all aspects of the academic environment, including but not limited to classroom conditions, grades, academic standing, employment opportunities, scholarships, recommendations, disciplinary actions, and participation in any community college activity.  In addition, this policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities and compensation.

To this end the District Chancellor shall ensure that the institution undertakes education and training activities to counter harassment and to prevent, minimize, or eliminate any hostile environment that impairs access to equal education opportunity or impacts the terms and conditions of employment.

The District Chancellor shall establish procedures that define harassment on campus. The District Chancellor shall further establish procedures for employees, students, unpaid interns, volunteers, and other members of the campus community that provide for the investigation and resolution of complaints regarding harassment and discrimination, and procedures to resolve complaints of harassment and discrimination.  State and federal law and this policy prohibit retaliatory acts by the District, its employees, students, and agents.

The District will publish and publicize this policy and related written procedures (including the procedure for making complaints) to administrators, faculty, staff, students, unpaid interns, and volunteers particularly when they are new to the institution.  The District will make this policy and related written procedures (including the procedure for making complaints) available in all administrative offices, and will post them on the District’s website.

Employees who violate the policy and procedures may be subject to disciplinary action up to and including termination.  Students who violate this policy and related procedures may be subject to disciplinary measures up to and including expulsion.  Unpaid interns who violate this policy and related procedures may be subject to disciplinary measure up to and including termination from the internship or other unpaid work experience program.

Also see AP 3430 titled Prohibition of Harassment, AP 3435 titled Discrimination and Harassment Complaints and Investigations, and BP/AP 3410 titled Nondiscrimination.

References:
Education Code Sections 212.5, 44100, 66252, and 66281.5, and 66262.5;
Government Code Sections 12923, 12940 and 12950.1;
Civil Code Section 51.9;
Title 2 Sections 10500 et seq.;
Title VII of the Civil Rights Act of 1964, 42 U.S. Code Annotated Section 2000e;
Age Discrimination in Employment Act of 1967 (ADEA);
Americans with Disabilities Act of 1990 (ADA)

Any sexual assault or physical abuse or domestic violence, including, but not limited to rape as defined by California law, whether committed by an employee, student or member of the public, that occurs on District property, including off-campus grounds or facilities maintained by the District, or upon grounds or facilities maintained by affiliated student organizations, is a violation of District policies and procedures, and is subject to all applicable punishment, including criminal procedures and employee or student discipline procedures consistent with state and federal law. Students and employees who may be victims of sexual and other assaults and domestic violence shall be treated with dignity and provided comprehensive assistance.

The District Chancellor shall establish administrative procedures that ensure that students and employees who are victims of sexual and other assaults receive appropriate information and treatment, and that educational information about preventing sexual violence is provided and publicized as required by law.

The procedures shall meet the criteria contained in Education Code Sections 67385, 67385.7, and 67386 and 34 Code of Federal Regulations Part 668.46.

References:
Education Code Sections 67382, 67385, and 67386;
20 U.S. Code Section 1092 subdivision (f);
34 Code of Federal Regulations Part 668.46 subdivision (b)(11)

The President or designee shall establish procedures for the imposition of discipline on students in accordance with the requirements for due process of the federal and state law and regulations.

The procedures shall clearly define the conduct that is subject to discipline, and shall identify potential disciplinary actions, including but not limited to the removal, suspension or expulsion of a student.

Suspension or expulsion shall apply to both campuses.

The Board shall consider any recommendation from the President for expulsion. The Board shall consider an expulsion recommendation in closed session unless the student requests that the matter be considered in a public meeting. Final action by the Board on the expulsion shall be taken at a public meeting.

The procedures shall be made widely available to students through the college catalog and other means. 
 
Definitions: 
The following are examples of conduct that shall constitute good cause for discipline, including but not limited to the removal, suspension or expulsion of a student, except for conduct that constitutes sexual harassment under Title IX, which shall be addressed under BP 3433 Prohibition of Sexual Harassment under Title IX:

• Causing, attempting to cause, or threatening to cause physical injury to another person.

• Possession, sale or otherwise furnishing any firearm, knife, explosive or other dangerous object, including but not limited to any facsimile firearm, knife or explosive, unless, in the case of possession of any object of this type, the student has obtained written permission to possess the item from a District employee, which is concurred in by the Police Chief.

• Unlawful possession, use, sale, offer to sell, or furnishing, or being under the influence of, any controlled substance listed in California Health and Safety Code Section 11053 et seq., an alcoholic beverage, or an intoxicant of any kind; or unlawful possession of, or offering, arranging or negotiating the sale of any drug paraphernalia, as defined in California Health and Safety Code Section 11014.5.

• Committing or attempting to commit robbery or extortion.

• Causing or attempting to cause damage to District property or to private property on campus.

• Stealing or attempting to steal District property or private property on campus, or knowingly receiving stolen District property or private property on campus.

• Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the college or the District.

• Committing sexual harassment as defined by law or by District policies and procedures.

• Engaging in harassing or discriminatory behavior based on race, sex, religion, age, national origin, disability, or any other status protected by law.

• Willful misconduct that results in injury or death to a student or to District personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the District or on campus.

• Disruptive behavior, willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel.

• Cheating, plagiarism (including plagiarism in a student publication), or engaging in other academic dishonesty as defined by the college and the consequences that will be applied.

• Dishonesty; forgery; alteration or misuse of District documents, records or identification; or knowingly furnishing false information to the District.

• Unauthorized entry upon or use of District facilities.

• Lewd, indecent or obscene conduct or expression on District-owned or controlled property, or at District sponsored or supervised functions.

• Engaging in expression which includes but is not limited to obscene, libelous or slanderous remarks, or which so incites students as to create a clear and present danger of the commission of unlawful acts on District premises, or the violation of lawful District regulations, or the substantial disruption of the orderly operation of the District.

• Persistent, serious misconduct where other means of correction have failed to bring about proper conduct.

• Unauthorized preparation, giving, selling, transfer, distribution, or publication, for any commercial purpose, of any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction, including but not limited to handwritten or typewritten class notes, except as permitted by any district policy or administrative procedure.

• Sexual assault or stalking

References:
Education Code Sections 66300, 66301, and 76120;
Accreditation Standard 2

Education Programs
The District shall provide access to its services, classes and programs without regard to, national origin, religion, age, gender, gender identity, gender expression, race (including natural hair) or ethnicity, color, medical condition, genetic information, ancestry, sexual orientation, marital status, physical or mental disability, pregnancy, or because they are perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics.

All courses, including noncredit classes, shall be conducted without regard to the gender of the student enrolled in the classes.  As defined in the Penal Code, “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.

The District shall not prohibit any student from enrolling in any class or course on the basis of gender.

Academic staff, including but not limited to counselors, instructors and administrators shall not offer program guidance to students which differs on the basis of gender.  Insofar as practicable, the District shall offer opportunities for participation in health and wellness programs, including athletics equally to all students.

Employment
The District shall provide equal employment opportunities to all applicants and employees regardless of race (including natural hair), religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, immigration status, or military and veteran status. The District shall not discriminate against a person in hiring, termination, or any term or condition of employment or otherwise penalize a person based upon the person’s use of cannabis off the job and away from the workplace unless permitted under Government Code Section 12954.

All employment decisions, including but not limited to hiring, retention, assignment, transfer, evaluation, dismissal, compensation, and advancement for all position classifications shall be based on job-related criteria as well as be responsive to the District’s needs.

The District shall continue to provide professional and staff development activities and training to promote understanding of diversity.

It is unlawful to discriminate against a person who serves in an unpaid internship or any other limited-duration program to provide unpaid work experience in the selection, termination, training, or other terms and treatment of that person on any basis of their race (including natural hair), religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, immigration status, or military and veteran status.

References:
Nondiscrimination for Education Programs:
Title 5 Sections 59300 et seq.;
Education Code Sections 66250 et seq., 200 et seq., and 72010 et seq.;
Penal Code Sections 422.55 et seq.;
ACCJC Accreditation Eligibility Requirement 20 and 
ACCJC Accreditation Standard Catalog Requirements

References:
Nondiscrimination for Employment:
Government Code Sections 11135 et seq. and 12940 et seq.
Title 5 Sections 53000 et seq.;
Title 2 Sections 10500 et seq.;
Education Code Sections 87100 et seq.;
Labor Code Section 1197.5

The San José/Evergreen Community College District is committed to providing an educational and employment environment free of unlawful harassment / discrimination.  This procedure defines sexual harassment and other forms of harassment, and sets forth a procedure for the investigation and resolution of complaints of harassment / discrimination by or against any staff, faculty member, or student within the District.

Definitions

Academic Freedom
Institutions of higher learning exist for the common good and not to further the interest of either the individual instructor or the institution as a whole.  The common good depends on the uninhibited search for truth and its open expression, and to this end both faculty and students must hold the right of full freedom of inquiry and expression.

Academic freedom is equally essential to both teaching and research.  Freedom in research is fundamental to the advancement of truth.  Academic freedom is fundamental to the protection of the rights of the instructor in teaching and to the student in learning.

Academic freedom cannot be separated from academic and professional responsibility.  Instructors have the right to study and investigate, to interpret their findings, and express conclusions.  Instructors may present views that are controversial and may evaluate opinions held by others, while respecting the right of free expression.
 
Academic freedom does not include use of discriminatory, discourteous, offensive, abusive conduct or language toward students, supervisors, other employees, or the public while in performance of District employment.

"Appeal" means a request by a complainant made in writing to the Sample Community College District governing board pursuant to title 5, section 59338, and/or to the State Chancellor’s Office pursuant to title 5, section 59339, to review the administrative determination of the District regarding a complaint of discrimination.
 
"Association with a person or group with these actual or perceived characteristics" includes advocacy for or identification with people who have one or more characteristics of a protected category listed under the District’s Nondiscrimination policy, participation in a group associated with persons having such characteristics, or use of a facility associated with use by such persons.
 
"Days" means calendar days.
 
“Discrimination” means unfavorable or unfair treatment, or preferential treatment of a person or class of persons, or treatment that has an adverse impact on persons or a class of persons, on the basis of a person’s membership, or perceived membership, in a legally protected category.  Discrimination includes harassment and retaliation that occurs on the basis of these legally protected categories.  Discrimination can be a violation of the District Board policy on Nondiscrimination or can amount to a violation of state or federal law in the area of unlawful discrimination.
 
"District" means the San José/Evergreen Community College District or any District program or activity.
 
"Gender" means sex, and includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.
 
"Harassment" is a form of discrimination. A person must show that (1) he/she was subjected to verbal, written or physical conduct (including, but not limited to jokes, demeaning comments, derogatory remarks, slurs, name-calling, gestures, physical contact, bullying, stalking, threatening, or display or offensive materials) of a harassing nature because of a legally protected category; (2) the conduct was subjectively and objectively unwelcome; and (3) the conduct was such that a reasonable person with the same characteristics as the victim of the harassing conduct would alter the conditions of the victim’s working or learning environment so as to create an abusive working or learning environment. There are two types of harassment “quid pro quo” and “hostile work environment”.
 
"Hostile work/learning environment" is a form of harassment. A work or learning environment is hostile if it is both objectively offensive and subjectively offensive such that it interferes with a person’s ability to do his/her work or interferes with their ability to learn. The harassment must be severe or pervasive and must be based on a legally protected category. Important factors to be considered are the frequency, severity and the level of interference with work or learning performance. Hostile work environment can be created by supervisors, colleagues and in some instances other third parties.
 
"Legally protected categories", under SJECCD Policy, includes ethnic group identification, race, color, language, accent, immigration status, ancestry, national origin, age, sex or gender, religion, sexual, orientation, gender identity, marital status, medical condition, veteran status, and physical or mental disability.
 
"Mental health disability" includes, but is not limited to, all of the following:

1. Having any mental or psychological disorder or condition, such as intellectual developmental disorder, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity.  For purposes of this section:

1. 1. "Limits" shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity

   2. A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.

   3. "Major life activities" shall be broadly construed and shall include physical, mental, and social activities and working.

2. Any other health impairment not described in paragraph (1) that requires specialized supportive services.

3. Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the District.

4. Being regarded or treated by the District as having, or having had, any physical condition that makes achievement of a major life activity difficult.

5. Being regarded or treated by the District as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).

"Mental disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.¹
 
"Physical disability" includes, but is not limited to, all of the following:

1. Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:

   1. Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.

   2. Limits a major life activity. For purposes of this section:

      1. "Limits" shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.

      2. A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.

      3. "Major life activities" shall be broadly construed and include physical, mental, and social activities and working.

2. Any other health impairment not described in paragraph (1) that requires specialized supportive services.

3. Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the District.

4. Being regarded or treated by the District as having, or having had, any physical condition that makes achievement of a major life activity difficult.

5. Being regarded or treated by the District as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).

6. "Physical disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.²

Sexual Harassment:
 The definition encompasses two kinds of sexual harassment:

• “Quid Pro Quo” is a type of harassment. Quid Pro Quo means “this for that”. In the context of sexual harassment, quid pro quo occurs when submission to sexual conduct is explicitly or implicitly made a condition of a job, a job benefit, or the absence of a job detriment.  The accused harasser must be in a position to affect the accuser’s employment.  This form of harassment most often includes sexual propositions.

• "Hostile environment" sexual harassment occurs when unwelcome conduct based on a person's gender alters the conditions of an individual's academic or work performance, or create an intimidating, hostile, or abusive learning or work environment, unreasonably interfere with an individual's academic or work performance, or create an intimidating, hostile, or abusive learning or work environment. The victim must subjectively perceive the environment as hostile, and the harassment must be such that a reasonable person of the same gender would perceive the environment as hostile. A single or isolated incident of sexual harassment may be sufficient to create a hostile environment if it unreasonably interfered with the person's academic or work performance or created an intimidating, hostile, or offensive learning or working environment.

• "Retaliation” occurs when an individual can prove (1) he/she engaged in a protected activity; (2) the employee or student was subjected to an adverse employment or educational action and (3) there was a causal connection between the two.

Retaliation

The district will not tolerate retaliation against any individual for initiation, pursuit, defense or assistance with a lawful complaint of discrimination.

The term “retaliation” includes any negative action taken against an individual by anyone because of the individual’s filing of a complaint, making a charge of, or otherwise opposing, any discriminatory or harassing conduct.  Any individual who engages in retaliation against any District employee or student in violation of this policy may be subject to disciplinary or corrective action, up to and including termination for employees and expulsion for students. It is unlawful for anyone to retaliate against someone who files a discrimination complaint; who refers a matter for investigation or complaint; who participates in an investigation of a complaint; who represents, or serves as an advocate for an alleged victim or alleged offender; or who otherwise furthers the principles of this non-discrimination policy.

Refer to Board Policy 3410 for more information on the District’s Nondiscrimination Policy.

• “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. “Sex” also includes, but is not limited to, a person’s gender, as defined in section 422.56 of the Penal Code, Discrimination on the basis of sex or gender also includes sexual harassment.

• “Sex Discrimination” means sexual harassment or discrimination on the basis of gender.

• “Sexual harassment” is discrimination in the form of unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the workplace or in the educational setting, and includes but is not limited to:

  1. Making unsolicited written, verbal, physical, and/or visual contacts with sexual overtones.  (Examples of possible sexual harassment that appear in a written form include, but are not limited to: suggestive or obscene letters, notes, or invitations. Examples of possible visual sexual harassment include, but are not limited to: leering, gestures, display of sexually aggressive objects or pictures, cartoons, or posters.)

  2. Continuing to express sexual interest after being informed that the interest is unwelcome.

  3. Making reprisals, threats of reprisal, or implied threats of reprisal following a rebuff of harassing behavior.  The following are examples of conduct in an academic environment that might be found to be sexual harassment: implying or actually withholding grades earned or deserved; suggesting a poor performance evaluation will be prepared; or suggesting a scholarship recommendation or college application will be denied.

  4. Engaging in explicit or implicit coercive sexual behavior within the work environment which is used to control, influence, or affect the employee’s career, salary, and/or work environment.

  5. Engaging in explicit or implicit coercive sexual behavior within the educational environment that is used to control, influence, or affect the educational opportunities, grades, and/or learning environment of a student.

  6. Offering favors or educational or employment benefits, such as grades or promotions, favorable performance evaluations, favorable assignments, favorable duties or shifts, recommendations, reclassifications, etc., in exchange for sexual favors.

  7. Awarding educational or employment benefits, such as grades or duties or shifts, recommendations, reclassifications, etc., to any student or employee with whom the decision maker has a sexual relationship and denying such benefits to other students or employees.

• "Sexual orientation" means heterosexuality, homosexuality, or  bisexuality.

• “Zero Tolerance” means that in all instances where there is a finding that discrimination has occurred, corrective action or discipline will be taken in accordance with state law and the District’s collective bargaining agreements and District Policies.

 
¹ If the Americans with Disabilities Act of 1990 definitions would result in broader protection of the civil rights of individuals with a mental or physical disability, or would include any medical condition not included within these definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of the definitions in Government Code section 12926 and should be included in district policy. (Gov. Code, § 12926(l).)
² Ibid.

References:
Education Code Sections 212, 44100, and 66281.5, and 66281.8;
Government Code Sections 12940 and 12923;
Civil Code Section 51.9:     
Title 2 Sections 10500 et seq.;
Title IX, Education Amendments of 1972;
Title 5 Sections 59320 et seq.; and
Title VII of the Civil Rights Act of 1964,
42 U.S. Code Annotated Section 2000e

Definitions

Sexual Harassment under Title IX: Conduct that satisfies one or more of the following:

• A District employee conditions the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct (quid pro quo harassment);

• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity;

• Sexual assault, including the following:

  • Sex Offenses. Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

  • Rape (except Statutory Rape). The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. There is carnal knowledge if there is the slightest penetration of the genital or anal opening of the body of another person.

  • Sexual Assault with an Object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. An "object" or "instrument" is anything the offender uses other than the offender's genitalia, e.g., a finger, bottle, handgun, stick.

  • Fondling. The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

  • Sex Offenses, Non-Forcible Unlawful, Non-Forcible Sexual Intercourse.

• Incest. Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

• Statutory Rape – Non-Forcible. Sexual intercourse with a person who is under the statutory age of consent. There is no force or coercion used in Statutory Rape; the act is not an attack.

• Dating violence. Violence against a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of a relationship will be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

• Domestic Violence. Violence committed:

  • By a current or former spouse or intimate partner of the victim;

  • By a person with whom the victim shares a child in common;

  • By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;

  • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of California; or

  • By any other person against an adult or youth victim protected from that person’s acts under the domestic or family violence laws of California.

• Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

References:
Title IX, Education Amendments of 1972; Title 5 Sections 59320 et seq.; 
Title VII of the Civil Rights Act of 1964, 42 U.S. Code Annotated Section 2000e

The District is committed to providing an academic and work environment free of unlawful sexual harassment under Title IX. This procedure defines sexual harassment on campus.  This procedure and the related policy protects students, employees, in connection with all the academic, educational, extracurricular, athletic, and other programs of the District, whether those programs take place in the District’s facilities, District sponsored transportation, or at a class or training program sponsored by the District at another location.

Introduction

The District encourages members of the District community to report sexual harassment. This procedure only applies to conduct defined as sexual harassment under Title IX and applicable federal regulations and that meets Title IX jurisdictional requirements. The District will respond to sexual harassment and sexual misconduct that falls outside that definition and outside the jurisdiction of the Title IX federal regulations using California law and applicable District policies and procedures. In implementing these procedures discussed below, the District will also provide supportive measures, training, and resources in compliance with California law, unless they are preempted by the Title IX regulations.

Title IX Coordinators

Questions concerning Title IX may be referred to the District Title IX Coordinators whose contact information is below.

The District’s Lead Title IX Coordinator is the Vice Chancellor of Human Resources and the Lead Title IX Coordinator’s contact information is the District Office:

• Human Resources
• 40 South Market Street
• San José, CA 95113
• (408) 270-6404

• Each District College Campus has an on-site Title IX Coordinator.
• Evergreen Valley College’s Title IX Coordinator is the Vice President of Student Affairs.
• Office of Student Affairs
• EVC Campus, Student Center
• (408) 223-6749
• Howard.Willis@evc.edu

• San José City College’s Title IX Coordinator is the Vice President of Student Affairs.
• Office of Student Affairs
• SJCC Campus, Student Center Room SC-216-L
• (408) 288-3146
• William.Garcia@sjcc.edu

The Lead Title IX Coordinator has overall responsibility for District compliance with this procedure and related Board Policies and Administrative Regulations. The Title IX Coordinators are required to respond to reports of sexual harassment or misconduct. The Title IX Coordinators will handle information received with the utmost discretion and will share information with others on a need-to-know basis. For example, the Title IX Coordinators may need to address public safety concerns on campus, comply with state and federal legal requirements, or share information to implement supportive measures.

A report of sexual harassment to a Title IX Coordinator does not necessarily lead to a full investigation, as discussed more fully below. However, the Title IX Coordinator will make an assessment to determine if there is a safety risk to the campus. If the Title IX Coordinator finds there is a continued risk, the Title IX Coordinator will file the formal complaint without the Complainant's consent or cooperation.

Title IX Harassment Complaints, Investigations, and Hearings

These Title IX sexual harassment procedures and the related policy protect students, employees, applicants for employment, and applicants for admission.

Jurisdictional Requirements – Application of Procedures

These procedures apply if the conduct meets the following three jurisdictional requirements:

The conduct took place in the United States; The conduct took place in a District “education program or activity.” This includes locations, events, or circumstances over which the District exercised substantial control over both the Respondent and the context in which the harassment occurred, including on-campus and off-campus property and buildings the District owns or controls or student organizations officially recognized by the District own or control. The conduct meets the definition of Title IX “sexual harassment.”

Definitions

Advisor: Throughout the grievance process, both the Complainant and Respondent have a right to an Advisor of their choice. If a Party does not have an Advisor at the time of the hearing, the District must provide the Party an Advisor of the District’s choice, free of charge for the entire hearing so that the Advisor is able to observe the direct examination of all witnesses and thus better able to conduct cross-examination. The District may establish restrictions regarding the extent to which the Advisor may participate in the proceedings as long as the restrictions apply equally to both Parties.

Complainant: A Complainant is an individual who alleges he/she/they is the victim of conduct that could constitute sexual harassment.

Consent: Consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. Both Parties must give affirmative consent to sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he/she/they has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest, lack of resistance, or silence does not indicate consent. Affirmative consent must be ongoing throughout a sexual activity and one can revoke his/her/their consent at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, is not an indicator of consent.

The Respondent’s belief that the Complainant consented will not provide a valid defense unless the belief was actual and reasonable, based on the facts and circumstances the Respondent knew, or reasonably should have known, at the time of the incident. A Respondent’s belief is not a valid defense where:

The Respondent’s belief arose from the Respondent’s own intoxication or recklessness;

The Respondent did not take reasonable steps to ascertain whether the Complainant affirmatively consented; or

The Respondent knew or a reasonable person should have known that the Complainant was unable to consent because the Complainant was incapacitated, in that the Complainant was:

• Asleep or unconscious;

• Unable to understand the fact, nature, or extent of the sexual activity due to the influence of drugs, alcohol, or medication; or

• Unable to communicate due to a mental or physical condition.

Decision-Maker: The person who will oversee the live hearing and make a determination of responsibility. Human Resources will appoint the Decision-Maker. The Decision-Maker cannot be the Title IX Coordinator or the investigator in compliance with Title IX regulations. The District may hire a trained external independent third party to serve as the Decision-Maker.

Formal Complaint: A written complaint signed by the Complainant or Title IX Coordinator, alleging sexual harassment and requesting an investigation. If the Title IX Coordinator signs the formal complaint, he/she/they will not become a Party to the complaint.

Parties: As used in this procedure, this means the Complainant and Respondent.

Respondent: A Respondent is an individual reported to be the perpetrator of conduct that could constitute sexual harassment.

Sexual Harassment under Title IX: Conduct that satisfies one or more of the following:

A District employee conditions the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct (quid pro quo harassment);

Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; 

Sexual assault, including the following:

Sex Offenses. Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

Rape (except Statutory Rape). The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity. There is carnal knowledge if there is the slightest penetration of the genital or anal opening of the body of another person.

Sodomy. Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.

Sexual Assault with an Object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity. An "object" or "instrument" is anything the offender uses other than the offender's genitalia, e.g., a finger, bottle, handgun, stick.

Fondling. The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.

Sex Offenses, Non-Forcible Unlawful, Non-Forcible Sexual Intercourse.

Incest. Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape – Non-Forcible. Sexual intercourse with a person who is under the statutory age of consent. There is no force or coercion used in Statutory Rape; the act is not an attack.

Dating violence. Violence against a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of a relationship will be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence. Violence committed:

• By a current or former spouse or intimate partner of the victim;

• By a person with whom the victim shares a child in common;

• By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;

• By a person similarly situated to a spouse of the victim under the domestic or family violence laws of California; or

• By any other person against an adult or youth victim protected from that person’s acts under the domestic or family violence laws of California.

Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her/their safety or the safety of others or suffer substantial emotional distress.

Reporting Options

Any individual may report sexual harassment to the District’s Lead Title IX Coordinator or to the Evergreen Valley College’s or San José City College’s Title IX Coordinator. Reports may be made via multiple methods including, but not limited to, verbal, written, email, and the Grievance Complaint Management System.

The District strongly encourages prompt reporting of sexual harassment. Prompt reporting allows for the collection and preservation of evidence, including physical evidence, digital media, and witness statements. A delay may limit the District’s ability to effectively investigate and respond.

Because individuals may be deterred from reporting incidents of sexual harassment if alcohol, drugs, or other violations of District or campus rules were involved, the District will inform individuals that the primary concern is for student and employee safety and that use of alcohol or drugs never makes a Complainant at fault for sexual harassment. If other rules are violated, the District will address such violations separately from an allegation of sexual violence.

Individuals have the opportunity to decide whether they want to pursue a formal Title IX complaint. Reporting sexual harassment to the Title IX Coordinator does not automatically initiate an investigation under these procedures. A report allows the District to provide a wide variety of support and resources to impacted individuals and to prevent the reoccurrence of the conduct. A Complainant or the Title IX Coordinator filing a formal complaint will initiate an investigation.

If there are parallel criminal and Title IX investigations, the District will cooperate with the external law enforcement agency and will coordinate to ensure that the Title IX process does not hinder legal process or proceedings.

The District will document reports of sexual harassment in compliance with the Clery Act, a federal law requiring data collection of crime within the campus geography. Under the Clery Act, the District does not document personal information; the District reports the type of conduct, and the time, date, and location. (Also, see BP/AP 3540 Sexual and Other Assaults on Campus)

District Employees and Officials with Authority

District Officials with Authority are not confidential resources and are required to report allegations of sexual harassment to the Title IX Coordinator promptly. All other employees are encouraged to report allegations to the Title IX Coordinator but are not required to do so.

The District has designated the employees in the following positions as Officials with Authority:

Executive Employees:

• Chancellor

• Vice Chancellor, Administrative Services

• Vice Chancellor, Educational Services

• Vice Chancellor, Human Resources

• Vice Chancellor, Information Technology & Institutional Effectiveness

• Associate Vice Chancellor, Physical Plant Development and Operations

• President, Evergreen Valley College

• President, San José City College

Managers:

• Assistant Director, Fiscal Services

• Associate Dean, Career Technical Education

• Associate Dean, Noncredit Education

• Associate Dean, Student Services

• Associate Director, Admissions & Records

• Associate Director, Business & Workforce

• Associate Director, Financial Aid

• Associate Director, Human Resources

• Associate Director, Workforce Institute

• Bond Program Manager

• Contracts & Risk Manager

• Controller

• Dean, Academic Success & Student Equity

• Dean of Business & Workforce Development

• Dean of Counseling, Guidance & Matriculation

• Dean of Enrollment Services

• Dean of Language Arts

• Dean of Library, Learning Resource Center & Distance Education

• Dean of Library & Learning Resources, Adult Education, Dual Enrollment & Strategic Initiatives

• Dean of Math & Science

• Dean of Math, Science and Engineering

• Dean of Nursing & Allied Health

• Dean of Research, Planning & Institutional Effectiveness

• Dean of Social Science & Humanities

• Dean of Social Sciences, Humanities, Arts & Physical Education

• Dean of Student Success/Counseling

• Dean, Workforce & Economic Development (WI)

• Director, Admissions & Records

• Director, Adult & Noncredit Education

• Director, College Extension

• Director, College Fiscal Services

• Director, Communications, Community Relations & Diversity

• Director, Enterprise Application Services

• Director, Financial Aid & Scholarship

• Director, Marketing & Public Relations

• Director, METAS Program

• Director, Student Accessibility Services

• Director, Student Development & Activities

• Director, WIN/CalWORKs

• Executive Director, Fiscal Services

• Executive Director, Government & External Affairs

• Executive Director, Institutional Effectiveness & Educational Services

• Executive Director, Strategic Partnerships and Workforce Innovation

• Executive Director, Workforce Institute

• Facilities Manager

• Institutional Advancement Officer

• Marketing & Public Information Officer

• METAS Project Director

• Police Chief

• Police Services Lieutenant

• Senior Director, Information Technology Infrastructure & Security

• SparkPoint Manager

• Vice President, Academic Affairs

• Vice President, Administrative Services

• Vice President, Strategic Partnerships and Workforce Innovation

• Vice President, Student Affairs

Supervisors:

• Academic Affairs Supervisor

• Administrative Services Supervisor

• Business Services Supervisor

• Campus Technology Support Services Supervisor

• Corporate Account Supervisor

• Custodial Services Supervisor

• Facilities Supervisor

• Financial Aid Supervisor

• Grounds Services Supervisor

• Helpdesk & Reprographics Supervisor

• Maintenance Supervisor

• Police Sergeant

• Project Supervisor

• Student Success Supervisor

• Talent Search Program Supervisor

• Upward Bound Program Supervisor

Officials with Authority are required to report all relevant information they know about sexual harassment including the name of the Respondent, the Complainant, any other witnesses, and the date, time, and location of the alleged incident.

Intake and Processing of Report

Receipt of Report

After receiving a report of sexual harassment, the Title IX Coordinator will contact the Complainant and reporting party to explain rights under this policy and procedure and invite the Complainant to an in-person meeting. The Title IX Coordinator will discuss supportive measures with the Parties.

Timeframe for Reporting

To promote timely and effective review, the District strongly encourages individuals to report sexual harassment as soon possible because a delay in reporting may affect the ability to collect relevant evidence and may affect remedies the District can offer.

Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered free of charge to the Complainant or the Respondent regardless of whether a formal complaint has been filed. The District will provide the Complainant and Respondent with supportive measures as appropriate and as reasonably available to restore or preserve equal access to the District’s education program or activities. These measures are designed to protect the safety of all Parties, protect the District’s educational environment, or deter sexual harassment. The District will provide supportive measures on a confidential basis and will only make disclosures to those with a need to know to enable the District to provide the service. Supportive measures may include but are not limited to counseling, extensions of deadlines, other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the Parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

Removal of Respondent Pending Final Determination

Upon receiving a report regarding sexual harassment, the Title IX Coordinator will make an immediate assessment concerning the health and safety of the Complainant and campus community as a whole. The District has the right to order emergency removal of a Respondent, or if the Respondent is an employee, place the employee on administrative leave.

Emergency Removal

The District may remove a non-employee Respondent from the District’s education program or activity on an emergency basis after it conducts an individualized safety and risk analysis and determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal.

The District may not use emergency removal to address a Respondent’s threat of obstructing the sexual harassment investigation or destroying relevant evidence. Emergency removal is only available to address health or safety risks against individuals arising out of sexual harassment allegations, not to address other forms of misconduct that a Respondent might commit pending the processing of a complaint.

The Title IX Coordinator from the opposite campus from the Respondent’s home campus or his/her/their designee will conduct the individualized safety and risk analysis.

1. The Title IX Coordinator from the opposite campus from the Respondent’s home campus determines emergency removal is appropriate, he/she/they or designee will provide the person the District is removing from campus on an emergency basis with a notice and opportunity to attend a meeting and challenge the basis of his/her/their removal. A panel of three members from the Assessment Response & Coordination team from the opposite campus will determine whether the emergency removal from campus order is warranted after considering information provided by the Respondent challenging the emergency removal.

The review of the determination of emergency removal will never include the individual who made the original determination of emergency removal. However, the Title IX Coordinator from the opposite home campus from the Respondent’s (or his/her/their designee) who made the original determination of removal will provide the review panel with written rationale for their decision.

Administrative Leave

The District may place an employee (non-student) Respondent on administrative leave during the pendency of a grievance process described in the formal complaint process below. The District will follow any relevant policies, procedures, collective bargaining agreements, or state law in placing an employee on administrative leave.

Formal Complaint Grievance Process

Notice to Parties

Upon receipt of a formal complaint, the Title IX Coordinator will provide the following notice in writing, to the Parties:

Notice of the District’s Title IX grievance process:

Notice of the allegations of alleged sexual harassment with sufficient details known at the time and with sufficient time to prepare a response before any initial interview;

Statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;

Notice that the Parties may have Advisor of their choice, who may be, but is not required to be, an attorney;

Notice that the Parties may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the District does not intend to rely in reaching a determination regarding responsibility, and inculpatory or exculpatory evidence whether obtained from a Party or other source; and

Inform the Parties of any provision in the District’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If, in the course of an investigation, the District decides to investigate allegations about the Complainant or Respondent that are not included in the notice provided above, the Title IX Coordinator will provide notice in writing of the additional allegations to the Parties.

Dismissal of Formal Complaint

The District must investigate the allegations in a formal complaint. However, the District must dismiss the formal complaint and will not process the complaint under these procedures if any of the following three circumstances exist:

• If the conduct alleged in the formal complaint would not constitute Title IX sexual harassment as defined in this procedure;

• If the conduct alleged did not occur in the District’s education program or activity;

• If the conduct alleged did not occur against a person in the United States.

The District has discretion to dismiss a formal complaint or any allegation under the following circumstances:

• If at any time during the investigation or hearing: a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations;

• If the Respondent is no longer enrolled or employed by the District; or

• If there are specific circumstances that prevent the District from gathering evidence sufficient to reach a determination regarding responsibility as to the formal complaint or allegations.

If the District dismissed the formal complaint or any allegations, the Title IX Coordinator shall simultaneously provide the Parties with written notice of the dismissal and reason. The District will also notify the Parties of their right to appeal.

The District may commence proceedings under other policies and procedures after dismissing a formal complaint.

Consolidation of Formal Complaints

The District may, but is not required to, consolidate formal complaints as to allegations of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of sexual harassment arise out of the same facts or circumstances.

Equitable Treatment of the Parties

The District’s determination of responsibility is a neutral, fact-finding process. The District will treat Complainants and Respondents equitably. The procedures will apply equally to both Parties. The District will not discipline a Respondent unless it determines the Respondent was responsible for sexual harassment at the conclusion of the grievance process.

Statement of Presumption of Non-Responsibility

The investigation is a neutral, fact-finding process. The District presumes all reports are in good faith. Further, the District presumes the Respondent is not responsible for the alleged conduct. The District makes its determination regarding responsibility at the conclusion of the grievance process.

Bias or Conflict of Interest

The District’s Title IX Coordinator, investigator, Decision-Maker, or any person designated by the District to facilitate an informal resolution process, will not have potential actual bias or conflict of interest in the investigatory, hearing, sanctioning, or appeal process or bias for or against Complainants or Respondents generally. Actual bias is an articulated prejudice in favor of or against one Party or position; it is not generalized concern about the personal or professional backgrounds, positions, beliefs, or interests of the Decision-Maker in the process. The District will ensure that the Title IX Coordinator, investigator, Decision-Maker, and facilitator receive training on:

• The definition of sexual harassment in this procedure;

• The scope of the District’s education program or activity;

• How to conduct an investigation;

• The grievance process including conducting hearings, appeals, and informal resolution processes; and

• How to serve impartially, including avoiding: prejudgment of the facts at issue; conflicts of interest; and bias.

Timeline for Completion

The District will undertake its grievance process promptly and as swiftly as possible. The District will complete the investigation and its determination regarding responsibility or the informal resolution process within 180 calendar days from the date of filing of the formal complaint with the district.

When appropriate, the Title IX Coordinator may determine that good cause exists to extend the 180 calendar day period to conduct a fair and complete investigation, to accommodate an investigation by law enforcement, to accommodate the unavailability of witnesses or delays by the Parties, to account for District breaks or vacations, or due to the complexity of the investigation. The District will provide notice of this extension to the Complainant and Respondent in writing and include the reason for the delay and anticipated timing of completion.

A Party may request an extension from the Title IX Coordinator in writing by explaining the reason for the delay and the length of the continuance requested. The Title IX Coordinator will notify the Parties and document the grant or denial of a request for extension or delay as part of the case recordkeeping.

Role of Advisor

The role of the Advisor is to provide support and assistance in understanding and navigating the investigation process.

The Advisor may not testify in or obstruct an interview or disrupt the process. The Title IX Coordinator has the right to determine what constitutes appropriate behavior of an Advisor and take reasonable steps to ensure compliance with this procedure.

A Party does not have a right to self-representation at the hearing; an Advisor must conduct any cross-examination. The District must provide an Advisor of its choice, free of charge to any Party without an Advisor in order to conduct cross-examination. If an Advisor fails to appear at the hearing, the District will provide an Advisor to appear on behalf of the non-appearing Advisor. To limit the number of individuals with confidential information about the issues, each Party may identify one Advisor.

Confidentiality Agreements

To protect the privacy of those involved, the Parties and Advisors are required to sign a confidentiality agreement prior to attending an interview or otherwise participating in the District’s grievance process. The confidentiality agreement restricts dissemination of any of the evidence subject to inspection and review or use of this evidence for any purpose unrelated to the Title IX grievance process. The confidentiality agreement will not restrict the ability of either Party to discuss the allegations under investigation.

Use of Privileged Information

The District’s formal complaint procedure does not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally-recognized privilege (e.g., attorney-client privilege, doctor-patient privilege, spousal privilege, etc.), unless the person holding the privilege provides voluntary, written consent to waive the privilege.

Investigations

The Title IX Coordinator is responsible to oversee investigations to ensure timely resolution and compliance with Title IX and this procedure.

Both Parties have the right to have an Advisor present at every meeting described in this section.

Trained Investigators

The District will investigate Title IX formal complaints fairly and objectively. Individuals serving as investigators under this procedure will have adequate training on what constitutes sexual harassment and how the District’s grievance procedures operate. The District will also ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence and complies with this procedure.

Burden of Gathering Evidence

The District, not the Parties, has the responsibility to gather information and interview witnesses. As part of the District’s burden of gathering evidence, the District’s investigator will create an investigative report that fairly summarized relevant evidence, whether it is inculpatory or exculpatory. The investigator shall not make findings or determinations of law or fact.

Notice of Investigative Interview

The District will provide written notice of the date, time, location, participants, and purpose of all investigative interviews to a Party whose participation is invited or expected, with sufficient time for the Party to prepare to participate.

Evidence Review

Both Parties have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the District does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a Party or other source.

Prior to the investigator preparing an investigative report, the District will make available to each Party and the Party’s Advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The Parties will have at least ten business days to submit a written response. The investigator must consider this written response prior to completing the investigative report.

Investigative Report

The results of the investigation of a formal complaint will be set forth in a written report that will include at least all of the following information:

• A description of the circumstances giving rise to the formal complaint;

• A description of the procedural steps taken during the investigation, including all individuals contacted and interviewed;

• A summary of the testimony of each witness the investigator interviewed;

• An analysis of relevant evidence collected during the investigation, including a list of relevant documents;

• A specific finding as to whether the allegations occurred using a preponderance of the evidence standard; and

• Any other information deemed appropriate by the District.

The investigator will not make a determination regarding responsibility.

The investigator may redact information not directly related to the allegations or privileged information. However, the investigator will keep a log of information he/she/they do not produce to the Parties. The investigator will provide this log only to the Title IX Coordinator. The Title IX Coordinator will not disclose the log to the Parties, but will maintain the log in the Title IX Coordinator’s file, in the event it later becomes relevant.

At least ten business days prior to a hearing the District will send the investigative report to each Party and their Advisors, if any, the investigative report in an electronic format or a hard copy, for review and written response. The Parties will have at least ten business days to submit a written response.

Hearing

After completing an investigation and prior to completing a determination regarding responsibility, the District will hold a live hearing to provide the Complainant and Respondent an opportunity to respond to the evidence gathered before a Decision-Maker. Neither Party may choose to waive the right to a live hearing, but the Parties can choose whether to participate in the hearing or answer some or all cross-examination questions.

Notice

If the District proceeds to a hearing, the District will provide all Parties written notice of the date, time, location, participants, and purpose of the hearing with sufficient time for the Party to prepare to participate.

Hearing Format

The District may provide a live hearing with all Parties physically present in the same geographic location or, at the District’s discretion if either Party requests, the District may provide any or all Parties, witnesses, and other participants the ability to appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other in real time.

The District will make the information reviewed during the Evidence Review available at the hearing for reference and consultation. The District will not restrict the ability of either Party to discuss the allegations under investigation or to gather and present relevant evidence.

The District will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the Parties for inspection and review.

Decision-Maker

The Decision-Maker will be free from conflict of interest or bias, including bias for or against Complainants or Respondents. In cases where the Complainant or Respondent objects to the Decision-Maker based on a conflict of interest, the Complainant or Respondent may request the Title IX Coordinator select a different Decision-Maker. The Complainant or Respondent must make this request to the Title IX Coordinator in writing setting out the reason for the perceived conflict of interest or bias at least five business days prior to the hearing.

The Decision-Maker may ask the Parties and the witnesses questions during the hearing. The Decision-Maker must objectively evaluate all relevant evidence both inculpatory and exculpatory and must independently reach a determination regarding responsibility without giving deference to the investigative report. The Decision-Maker must receive training on issues of relevance, how to apply the rape-shield protections for Complainants, and any technology to be used at the hearing.

Presenting Witnesses

The District will provide the Complainant and Respondent an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence. Witnesses, like Parties, are not required to participate in the live hearing process.

Only relevant evidence will be admissible during the hearing. Relevant evidence means evidence, including evidence relevant to the credibility of a Party or witness, having any tendency in reason to prove or disprove any disputed fact material to the allegations under investigation.

Cross-Examination

The District shall permit each Party’s Advisor to ask the other Party and any witnesses relevant questions, including questions challenging credibility. The Party’s Advisor must conduct cross-examination directly, orally, and in real time. A Party may never personally conduct cross-examination.

If a Party or witness does not submit to cross-examination at the live hearing, the Decision-Maker will not rely on any statement of that Party or witness in reaching a determination regarding responsibility.

Before a Complainant, Respondent, or witness answers question, the Decision-Maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The Decision-Maker need not provide a lengthy or complicated explanation in support of a relevance determination. If a Party or witness disagrees with a relevance determination, that individual has the choice of either (1) abiding by the Decision-Maker’s determination and answering the question or (2) refusing to answer the question.

The Decision-Maker cannot rely on the statements or testimony of a Party or witness who has refused to answer a question the Decision-Maker had found relevant unless the Decision-Maker reconsiders and changes the ruling before reaching the determination of responsibility. If the Decision-Maker changes the determination of relevance of an unanswered question, the Decision-Maker must explain the decision to reconsider the ruling in the written determination of responsibility.

The Decision-Maker cannot draw an inference about the determination of responsibility based solely on a Party’s or witness’s absence from the live hearing or refusal to submit to cross-examination or to answer any questions.

The Decision-Maker may also ask any Party or witness questions. If a Party or witness refuses to respond to a Decision-Maker’s questions, the Decision-Maker is not precluded from relying on that Party or witness’ statements.

Determinations of Responsibility

When the Decision-Maker makes a determination of responsibility or non-responsibility, the Decision-Maker will issue a written determination regarding responsibility, no later than 30 calendar days after the date that the hearing ends.

When making a determination regarding responsibility, a Decision-Maker will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence. A Decision-Maker may not make credibility determinations based on an individual’s status as a Complainant, Respondent, or witness. In evaluating the evidence, the Decision-Maker will use the preponderance of the evidence standard. Thus, after considering all the evidence it has gathered, the District will decide whether it is more likely than not that sexual harassment occurred.

The written determination will include:

• Identification of the allegations potentially constituting Title IX sexual harassment as defined in these procedures;

• A description of the procedural steps taken from the receipt of the formal complaint through the determination, including who conducted the investigation and gave notifications to the Parties. The determination will also state when, where, and the date the investigator interviewed the Parties and witnesses, conducted site visits, the methods used to gather other evidence. The procedural section should also discuss the dates and how the Parties were provided the opportunity to review and inspect evidence and the date of any hearings held and who attended the hearing;

• Findings of fact supporting the determination. In making these findings, the Decision-Maker will focus on analyzing the findings of fact that support the determination of responsibility or non-responsibility;

• Conclusions regarding the application of the District’s code of conduct to the facts;

• A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility;

• A statement of, and rationale for, any disciplinary sanctions the District imposes on the Respondent;

• A statement of whether the District will provide the Complainant with remedies designed to restore or preserve equal access to the District’s education program or activity;

• The District need not disclose to the Respondent remedies that do not affect him/her/them as part of the written determination. The District can inform the Respondent that it will provide remedies to the Complainant. However, the District will inform the Complainant of the sanctions against the Respondent;

• The District’s procedures and permissible bases for the Complainant and Respondent to appeal.

The District will provide the written determination to the Parties simultaneously. The determination regarding responsibility becomes final either on the date that the District provides the Parties with the written determination of the result of the appeal, if the Parties file an appeal, or if the Parties do not file an appeal, the date on which an appeal would no longer be timely.

Disciplinary Sanctions and Remedies

The District must have completed the grievance procedures (investigation, hearing, and any appeal, if applicable) before the imposing disciplinary sanctions or any other actions that are not supportive measures against a Respondent. If the Decision-Maker determines the Respondent was responsible for conduct that constitutes sexual harassment, the District will take disciplinary action against the Respondent and any other remedial action it determines to be appropriate. The action will be prompt, effective, and commensurate with the severity of the offense.

Remedies for the Complainant might include, but are not limited to:

• Providing an escort to ensure that the Complainant can move safely between classes and activities;

• Ensuring that the Complainant and Respondent do not attend the same classes or work in the same work area;

• Providing counseling services or a referral to counseling services;

• Providing medical services or a referral to medical services;

• Providing academic support services, such as tutoring;

• Arranging for a Complainant, if a student, to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the Complainant’s academic record; and

• Reviewing any disciplinary actions taken against the Complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the Complainant’s discipline.

Possible disciplinary sanctions for student Respondents include, but not limited to, written or verbal reprimand, required training or counseling, non-academic probation, suspension, and expulsion. Possible disciplinary sanctions for employee Respondents include written or verbal reprimand, required training or counseling, reduction in pay, demotion, suspension, or discharge.

Appeal of Dismissal of a Formal Complaint or of the Determination of Responsibility

A Complainant or Respondent may appeal the District’s determination regarding responsibility or the dismissal of a formal complaint or any allegations. A Complainant or Respondent must submit a written appeal within ten business days from the date of the notice of determination regarding responsibility or from the date of the District’s notice of dismissal of a formal complaint or any allegations.

Grounds for Appeal

The President or his/her/their designee will serve as the Decision-Maker on Appeal. The President may choose to designate a trained external Decision-Maker for the Appeal. Faculty and Classified Professionals will have the right to a separate disciplinary hearing under Ed Code 88013 and Ed Code 87732 or Collective Bargaining Agreement before the district imposes discipline.

In filing an appeal of the District’s determination regarding responsibility or the District’s dismissal of a formal complaint, the Party must state the grounds for appeal and a statement of facts supporting those grounds. The grounds for appeal are as follows:

A procedural irregularity affected the outcome;

• New evidence was not reasonably available at the time the District’s determination regarding responsibility or dismissal was made, and this new evidence could affect the outcome; or

• The District’s Title IX Coordinator, investigator, or Decision-Maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome.

Appeal Procedure

If the Complainant or Respondent submit an appeal to the District, the District will:

Notify the other Party in writing within five business days of receiving a Party’s appeal;

Allow the non-appealing Parties at least ten business days from the date of receipt of the appeal to submit a written statement in support of, or challenging, the outcome;

The Decision-Maker will issue a written decision on whether to grant or deny the appeal, and the rationale for the decision, within 45 business days after the Decision-Maker receives the response to the appeal or the last day to provide a response. The District will provide the written decision simultaneously to both Parties.

The Decision-Maker may extend or otherwise modify the deadlines provided above. Either Party may seek an extension by submitting a written request to the Decision-Maker explaining the need for the extension and the proposed length of the extension. The Decision-Maker will respond to the request within 48 business hours in writing and will inform the Parties simultaneously whether the extension is granted.

Informal Resolution

If the District determines that a formal complaint is appropriate for informal resolution, it may provide the Parties with the opportunity to participate in an informal resolution process, including mediation, at any time prior to reaching a determination regarding responsibility.

The District will provide the Complainant and Respondent written disclosure of the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the Parties from resuming a formal complaint arising from the same allegations, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

The District must obtain the Parties’ voluntary, written consent to the informal resolution process. If the Parties reach an agreement, the District does not have to complete a full investigation and adjudication of a report of sexual harassment. At any time prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

The informal resolution process is not available to resolve allegations that an employee sexually harassed a student.

Retaliation Prohibited

The District prohibits any intimidation, threats, coercion, or discrimination against any individual who made a report or complaint of sexual harassment, testified, assisted, or participated or refused to participate in any manner in a Title IX investigation, proceeding, or hearing. Individuals who experience retaliation may file a complaint using the formal complaint process described above.

Dissemination of Policy and Procedures

The District will provide its policy and procedures related to Title IX on its website and in each handbook or catalog provided to applicants for admission and employment, students, employees, and all unions or professional organizations holding collective bargaining with the District.

When hired, employees are required to sign acknowledging that they have received the policy and procedures. The District will place the signed acknowledgment of receipt in each employee’s personnel file.

Training

The District will provide training to Title IX Coordinators, investigators, Decision-Maker, and any individual who facilitates an informal resolution process, on the definition of sexual harassment, the scope of the District’s education program or activities, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Any materials used to train the District’s Title IX Coordinator, investigators, Decision-Makers, and any person who facilitates an informal resolution process, will not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.

File Retention

The District will retain on file for a period of at least seven years after closing the case copies of:

• The original report or complaint;

• Any actions taken in response to the complaint, including supportive measures;

• The investigative report including all evidence gathered and any responses from the Parties;

• The District’s determination regarding responsibility;

• Audio or audiovisual recording or transcript from a hearing;

• Records of any disciplinary sanctions imposed on the Respondent;

• Records of any remedies provided to the Complainant;

• Any appeal and the result;

• Any informal resolution and the result; and

• All materials used to train Title IX Coordinators, investigators, Decision-Makers, and any person who facilitates an informal resolution process. The District will make these training materials publicly available on its website.

The District will make these documents available to the U.S. Department of Education Office for Civil Rights upon request.

Complaint Reporting

The District Chancellor shall provide the Board, upon request, a report of complaints filed pursuant to AP 3434. This report must disaggregate the complaints by complaint type (Student Complainant and Student Respondent, Student Complainant and Employee Respondent, Employee Complainant and Student Respondent, Employee Respondent and Employee Respondent, etc.). This report must also disaggregate the complaints by the Complainant’s race, age, gender, religion, or any other characteristic identified by the Board.

References:
20 U.S. Code Sections 1681 et seq.;
34 Code of Federal Regulations Parts 106.1 et seq.
Education Code Section 67386

Introduction and Scope

The purpose of these procedures is to provide a fair and prompt process for the resolution and investigation of internal complaints of discrimination.

Discrimination includes sexual harassment as well as any harassment that occurs on the basis of any of the protected categories listed below.

Any person, who believes that they have been discriminated against, in whole or in part, on the basis of ethnic group identification, race, color, language, accent, immigration status, ancestry, national origin, age, sex or gender, gender identity, religion, sexual orientation, marital status, medical condition, veteran status, physical or mental disability, or on the basis of these perceived characteristics or based on association with a person or group with one or more of these actual or perceived characteristics shall have the right to file a complaint. Complaints may also be filed by anyone who has learned of such discrimination in his or her official capacity as a classified employee, faculty member or administrator. The procedures outlined below govern the process for complaints filed against employees of the District, or any other person acting on behalf of the District. If the complaint is against a student that is not employed by the District, such complaints shall be handled through the Vice President of Student Affairs or Campus designee and student disciplinary procedures.

The law prohibits coworkers, supervisors, managers, and third parties with whom an employee comes into contact from engaging in harassment, discrimination, or retaliation. Any person who has suffered harassment, discrimination, or retaliation may file a formal or informal complaint of harassment, discrimination, or retaliation.

Application, Availability and Posting of Procedures

These written procedures on discrimination will be posted on the District and

Campus and made available in the Chancellor’s Office, the Presidents’ Offices, the Office of Human Resources, the Offices of Diversity, the Offices of Student Life, the Campus libraries, the Disabled Student’s Programs, Campus and District mailrooms, and each Dean’s office. The District will post a summary of these procedures in areas easily accessible to students, employees, and visitors including but not limited to the locations listed above. The District will post this summary in English and any other languages spoken by a substantial number of students, employees, or visitors of the District.

These procedures apply to complaints filed by an employee of the District against another employee, or a student against an employee or program of the District. If a student wishes to file a complaint against another student, they should contact the Vice President of Student Affairs or Campus designee at the appropriate campus. For additional information regarding such complaints, students at Evergreen Valley College should call (408) 274-7900, Extension 6117, and at San José City College should call (408) 298-2181, Extension 3190.

Employees who believe they are being harassed by a student should refer to the District regulations on disruptive students. Complaints by students or employees involving harassment or discrimination by third parties who are not employees or students will be investigated. The District will forward the complaint to the responsible party with a written request for (1) an investigation of the incident(s) giving rise to the complaint, and (2) a report of the findings to be sent to the District. The District will also review the matter and take appropriate action where possible.

The District will investigate complaints involving acts that occur off campus if they are related to an academic or work activity or if the harassing conduct interferes with or limits a student's or employee's ability to participate in or benefit from the school's programs or activities. The District shall promptly investigate complaints of harassment or discrimination that occur off campus if the alleged conduct creates a hostile environment on campus.

Students and Employees Notice, Training, and Education

The San José/Evergreen Community College District shall provide training to employees and students on the District’s discrimination policies and procedures. The District will provide members of the faculty, classified staff and administrative staff, a copy of the District’s written policies and procedures on discrimination during new employee orientation and at the beginning of the first semester of the academic year after it revises the policies and procedures.

All new District employees will receive training on the District’s discrimination policies and procedures. New employees are required to complete this training and receive a copy of the discrimination policies and procedures during the first year of their employment. Because of their special responsibilities under the law, supervisors will undergo mandatory training within six months of assuming a supervisory position and mandatory training every two years. In years in which a substantive policy or procedural change has occurred, training will be made available for all employees; and all District employees will receive a copy of the revised policies and procedures.

A training program or informational services will be made available to all students at least once annually. The student training or informational services should include an explanation of the policies and procedures and how to file a complaint. In addition, the District will provide a copy of the District’s written policies and procedures on discrimination, as they pertain to students, as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session, as applicable.

Responsible District Officer

The San José/Evergreen Community College District will identify to the State Chancellor’s Office and to the public the responsible district officer who will be responsible for coordination of all discrimination complaints filed pursuant to Title 5 section 59328, and who is responsible for maintaining communications with the State Chancellor’s Office on these matters. Informal charges of unlawful discrimination should be brought to the attention of the responsible district officer, who shall oversee the informal resolution process pursuant to section 59327. The responsible district officer is the Vice Chancellor of Human Resources located in the District Office.

Confidentiality of the Process

Investigative processes are confidential and the District shall not reveal information about such matters except as necessary to fulfill its legal obligations. Both the respondent and the complainant have privacy rights and the District will respect these rights to the extent possible in conducting the investigation.

Complainants, witnesses, and respondents will all be asked to sign a confidentiality acknowledgement statement.

Representation

Union representation will be allowed for respondent and/or complainant, where required by law and in other circumstances on a case-by-case basis. Where not required by law either party may request for a representative during interviews.  Such requests shall be granted on a case-by-case basis.

Discrimination Complaint Procedures

How to File a Complaint

The district encourages its employees and students to contact the appropriate Campus Coordinator or District designee prior to filing a formal complaint or to obtain assistance in determining whether or not an individual has been or is a victim of discrimination. The designated Campus Coordinator at each college is the Vice President of Student Affairs. At EVC the Vice President of Student Affairs can be contacted at (408) 274-7900 ext. 6749; at SJCC the Vice President of Student Affairs can be contacted at (408) 288-3729. For the District Office, contact the Vice Chancellor of Human Resources at (408) 270-6404. The Discrimination Complaint Procedures and the Discrimination Complaint Forms are also available online and can be on the District’s Web site.

Informal Complaint Procedure (Step One)

Employees and students who believe they have been discriminated against or harassed may lodge an informal complaint verbally and/or in writing to the complainant’s supervisor or to the supervisor of the person being complained against. Complainants may obtain assistance through the designated Campus Coordinator or District designee.

The purpose of the informal complaint procedure is to allow individuals who believe that they have been discriminated against to resolve the issue through a mediation focused process rather than a more formal procedure. The informal procedure allows for a quicker resolution than the formal procedure and allows for more flexibility and creativity in the resolution of complaints.  The District and all constituency groups encourage individuals to take advantage of the informal complaint procedure before proceeding with a formal complaint. Individuals, however, do have the right to forgo the informed complaint procedure and go directly to a formal complaint. 

If the District determines that a sexual misconduct complaint is appropriate for informal resolution, it may permit an informal resolution, including mediation.  All parties, including the complainant and respondent, must receive full disclosure of the allegations and information about options for formal resolution before voluntarily agreeing to participate in an informal resolution.  If parties agree to an informal resolution, the District does not have to complete a full investigation and adjudication of a report of sexual misconduct.

Complaints filed verbally and/or in writing through the informal procedure will be resolved within forty-five (45) calendar days. The parties may agree to extend this 45-day deadline by mutual agreement or extenuating circumstances.

1. Upon receipt of an informal complaint the appropriate administrator will do the following:
   1. Meet with the complainant within five (5) calendar days to make an initial assessment of the complaint and determine whether it is a discrimination complaint covered by these procedures and the District policy on Nondiscrimination.
      1. If, the administrator determines that the complaint is not properly a discrimination complaint, the administrator will refer the concerned individual to the appropriate process or department.
      2. If the complaint involves discrimination, the administrator shall:
   2. Provide a copy of these policies and procedures to the complainant and explain the informal and formal complaint procedures.
   3. Inform the complainant he/she is not required to participate in any mediation or other type of resolution.
   4. Explain that he or she may also file a non-employment-based complaint with the Office for Civil Rights of the U.S. Department of Education (OCR), and that employment-based complaints may be filed with the California Department of Fair Employment and Housing (DFEH), or the U.S. Equal Employment Opportunity Commission (EEOC).
   5. State that the District Officer ultimately responsible for the processing and handling of discrimination complaints is the Vice Chancellor of Human Resources.
   6. Provide written notice to the Vice Chancellor of Human Resources within ten (10) working days of the complaint when the complainant wishes to pursue the informal process. The notice shall include a summary of the complaint.
   7. Confer with the Vice Chancellor of Human Resources and when necessary, request the District designee’s assistance.
   8. Notify the respondent of the complaint within ten (10) calendar days of the complaint.
   9. Make reasonable and fair efforts to resolve the complaint, document and sign any resolution reached by agreement of the parties; each party shall receive a copy. If the parties cannot reach an agreement and the administrator is required to make a decision, each party will receive the administrator’s written decision on the complaint. The administrator shall provide a copy of the resolution of the complaint to the Vice Chancellor of Human Resources. The Vice Chancellor of Human Resources shall maintain the investigation file. 

Formal Complaint Procedure (Step Two)

If the complainant is not satisfied with the resolution in the informal complaint procedure, or if the complainant decides to forgo the informal process, he/she may file a formal complaint by filing a written complaint using the District’s formal complaint form with the Vice Chancellor of Human Resources. If the Vice Chancellor of Human Resources is the subject of the complaint, the complaint must be filed with the Chancellor. The Vice Chancellor  of  Human Resources is located in the San José/Evergreen Community College District Office. The phone number for the Vice Chancellor of Human Resources is (408) 270-6404. The mailing address is 40 South Market, San José, CA 95113.

The following deadlines apply to formal complaints:

1. A complainant must file any complaint not involving employment, within one year of the date of the alleged discrimination, or within one year of the date on which the complainant knew or should have known of the facts underlying the allegation of discrimination.
2. A complainant must file any complaint alleging discrimination in employment, within one-hundred-eighty (180) calendar days of the date the alleged discrimination occurred. The administrator should extend this period by no more than ninety (90) calendar days if the complainant first obtained knowledge of the facts of the alleged violation after the expiration of the one-hundred-eighty (180) days.
3. If the complainant files a complaint alleging discrimination or harassment in employment beyond the timeline in subsection “b” above, but no longer than one year, the District may nonetheless conduct an internal investigation as appropriate to address and/or remedy the allegations but is under no obligation to comply with the specific procedures required by the California Code of Regulations, Title 5, section 59300 et Seq.
4. The District will advise complainants that they may also file their non-employment-based complaints with OCR and their employment-based complaints with DFEH and/or EEOC. The District shall forward a copy of any filing by the complainant with DFEH or the EEOC to the State Chancellor's Office for a determination of whether the issues presented require an independent investigation.
5. The complainant shall describe in detail the alleged discriminatory conduct. All written complaints should be signed and dated by the complainant, and shall contain, to the best of the complainant’s ability at least the name(s) of the individual(s) involved, the date(s) of the event(s) at issue, and a detailed description of the actions constituting the alleged harassment or discrimination. The complainant should also include the names, addresses and phone numbers of witnesses or potential witnesses to the extent he or she has this information available.
6. The Vice Chancellor of Human Resources or his/her designee shall immediately send a copy of all formal complaints filed in accordance with section 59328 of the Title 5 regulations to the Chancellor of the California Community College System.

If the complaint is defective in any of the following ways:

• The complainant fails to use the proper complaint form, either the District or the State Chancellor Office’s form;
• The complaint fails to describe in detail the alleged discriminatory conduct (AP 3430);
• The complaint is not signed and dated by the complainant;

• The complaint does not identify the name of the individual(s) involved, the date of the event at issue, and a detailed description of the actions constituting the alleged harassment or discrimination;

• The complaint fails to be submitted within the designated time period.

The Vice Chancellor of Human Resources (VCHR) will immediately return it to the complainant and inform the complainant that the complaint does not meet these requirements and those of section 59328, and shall specify in what requirement the complaint is defective. The VCHR will also send a copy of this notice to the State Chancellor’s Office. The complainant shall have seven (7) working days to file an amended complaint.

1. The Vice Chancellor of Human Resources (VCHR) may appoint an appropriate administrator to conduct an impartial fact-finding investigation. This administrator will preferably be someone in the levels of supervision above the immediate supervising administrator of either the complainant or the individual complained against (respondent). The Vice Chancellor of Human Resources may appoint an independent third party to investigate, or may conduct the investigation himself or herself.
2. Within ten (10) working days of receiving the complaint, the Vice Chancellor of Human Resources (VCHR) or District designee shall notify the respondent of the complaint and shall provide the respondent a copy of the complaint. The VCHR or District designee will also send the respondent a copy of these procedures. The VCHR or District designee will inform the respondent of his/her right to have a representative present during any interview and will direct the respondent not to make contact or to discuss the issue with the complainant or potential witnesses. All employees must cooperate with lawful investigations.
3. The investigator shall meet separately with the complainant and respondent to review the scope and nature of the complaint; request names of witnesses or documents that may assist in the investigation. When possible, the investigator shall summarize for each party the information gathered in the course of the investigation so that they may respond to any adverse information.
4. The investigator will review all information presented and incorporate such information into an investigative report. The investigator will maintain confidentiality to the extent possible. The investigator will prepare   a written report setting out the results of the investigation. The written report shall include the following:
   1. A description of the circumstances giving rise to the complaint.
   2. A summary of the testimony provided by each witness including the complainant, respondent, and any viable witnesses identified by the complainant or respondent.
   3. An analysis of any relevant data or other evidence collected during the course of the investigation.
   4. Any other information deemed appropriate.
5. The investigator will send his/her report to the Chief Executive Officer (CEO) of the campus, or his/her designee.
   1. The CEO or his/her designee will:
      1. Be responsible for determining whether there is probable cause to believe that discrimination or harassment occurred with respect to each allegation in the complaint.
      2. Consider the severity of the conduct, the pertinent background, and other relevant District policies in making his/her recommendations.
      3. If the CEO or his/her designee finds probable cause to conclude that discrimination or harassment occurred, the CEO or his/her designee will make recommendations for corrective action that may include training, or any other measure, including disciplinary action.
      4. If the CEO or his/her designee recommends disciplinary action, the District will comply with applicable bargaining agreement provisions or state law.
6. In any case involving employment discrimination, within ninety (90) calendar days of receiving a complaint the District shall complete its investigation, and the Vice Chancellor of Human Resources shall forward to the complainant and respondent the following:
   1. A copy or summary of the investigative report
   2. A written notice setting forth:
      1. The determination of the Chief Executive Officer or his/her designee as to whether there is probable cause to believe that discrimination occurred with respect to each allegation in the complaint.
      2. A description of actions taken, if any, to prevent similar problems from occurring in the future.
      3. The proposed resolution of the complaint.
      4. The complainant’s right to appeal to the District Board of Trustees and to file a complaint with the Department of Fair Employment and Housing.
      5. The respondent’s right to file with the Vice Chancellor of Human Resources a written response to the Chief Executive Officer’s determination. Respondent’s written response and the results of the appropriate administrative review shall be included in the investigation file.
7. In any case not involving employment discrimination, within ninety (90) calendar days of receiving a complaint the District shall complete its investigation, and the Vice Chancellor of Human Resources shall forward to the State Chancellor’s Office a copy of the investigative report, and to the complainant and respondent:
   1. A copy or summary of the investigative report.
   2. A written notice setting forth.
      1. The determination of the Chief Executive Officer or his/her designee as to whether there is probable cause to believe that discrimination occurred with respect to each allegation in the complaint.
      2. A description of actions taken, if any, to remedy any discrimination that was believed to have occurred, and to prevent similar problems from occurring in the future.
      3. The proposed resolution of the complaint.
      4. The complainant’s right to appeal to the District Board of Trustees and the State Chancellor’s Office.
      5. The respondent’s right to file with the Vice Chancellor of Human Resources a written response to the Chief Executive Officer’s determination. Respondent’s written response and the results of the appropriate administrative review shall be included in the investigation file.
      6. When the Chief Executive Officer or his/her designee finds that disciplinary action is appropriate, the complainant will receive a summarized copy that will exclude the details of the discipline imposed. Personnel matters, in particular discipline actions taken against employees, are considered confidential; therefore, the District may not, unless otherwise mandated by law, release such details. 

Appeal Rights

First level of appeal:

If the complainant is not satisfied with the results of the formal complaint administrative determination, the complainant may appeal by submitting written objections, to the District Board of Trustees, through the District Chancellor, within fifteen (15) calendar days from the receipt date of the administrative determination.

The District's governing board will issue a final District decision on the matter within forty- five (45) calendar days after receiving the appeal. Alternatively, if the governing board does not act within forty-five (45) calendar days, the administrative determination will become the final District decision in the matter.

The Vice Chancellor of Human Resources shall:

In cases involving employment discrimination, forward a copy of the final decision rendered by the Board of Trustees on the appeal and a notice informing complainant of his/her right to file a complaint with the DFEH or EEOC where the case is within the jurisdiction of that agency, to the complainant.

In cases not involving employment discrimination, forward a copy of the final decision rendered by the Board of Trustees on the appeal and the notice informing complainant of his/her right to appeal to the State Chancellor’s Office to the complainant, and to the State Chancellor’s Office. 

Second level of appeal:

If the complainant is not satisfied with the District Board of Trustees’ decision, the complainant shall have the right to file a written appeal with the State Chancellor's Office in any case not involving employment discrimination. The State Chancellor’s Office will also only accept appeals based on the protected categories enumerated in section 59300 of Title 5. Appeals to the State Chancellor’s Office must be filed within thirty (30) calendar days after the Board of Trustees has issued the final District decision or allowed the administrative determination to become final by taking no action, or from the date of the notice provided pursuant to section 59338(b) or (d) , whichever is later. The appeal must be in writing and accompanied by a copy of the decision of the governing board or evidence showing the date on which the complainant filed an appeal with the governing board, and a statement under penalty of perjury that no response was received from the governing board within forty-five 45 days from that date.

In any case involving employment discrimination, the complainant may, at any time before or after the final District decision is rendered, file a complaint with the DFEH or EEOC where the complaint is within the jurisdiction of that agency.

Forward Provision of Information to State Chancellor

Within one-hundred-fifty (150) days of receiving a complaint, which does not involve employment discrimination, the District will forward it to the State Chancellor’s Office:

• A copy of the final District decision rendered by the governing board or a statement indicating the date on which the administrative determination became final as a result of the governing board’s decision to take no action on the appeal within forty-five (45) days.
• A copy of the notice of appeal rights the District sent the complainant.
• A copy of the complainant’s appeal of the District’s administrative determination; or a statement that the complainant has not appealed to the District Board of Trustees; and
• Such other information as the State Chancellor may require.

For a period of at least three years after closing a case, including a case involving employment discrimination, the VCHR or District designee shall retain and make available to the State Chancellor upon request the original complaint, the documents referenced in sections 59336 and 59338, and the documents identified in the preceding sections.

Extensions

If for reasons beyond its control, the District is unable to comply with the ninety 90–day or one-hundred-fifty 150-day deadlines specified above the VCHR or District designee will file a written request to the State Chancellor for an extension of the deadlines established by Title 5 in sections 59336 and/or 59340. When necessary, the District must request an extension whether or not the case involves employment discrimination. The District must request the extension no later than ten (10) days before the expiration of the established deadline and shall set forth the reasons for the request and the date by which the District expects to be able to submit the required materials.

The District must send a copy of the request for an extension to the complainant, and notify him/her that he/she may file written objections with the State Chancellor within five (5) calendar days of receipt.

The State Chancellor may grant the request unless delay would be prejudicial to the investigation. If the State Chancellor grants an extension of the ninety 90-day deadline, the one-hundred-fifty 150-day deadline is automatically extended by an equal amount.

Provision of Information to District Board of Trustees

The safety and security of District students, staff, and employees are among the District’s highest priorities.  To support the overall safety of campus environments, the District is committed to comprehensively addressing any hostile environment created by harassment on its campuses, including by considering policy measures that may mitigate the adverse impact of such harassment or lessen the likelihood of its recurrence.  The Board of Trustees plays an important role in setting policy related to the District’s educational programs, which can serve to address the campus environments of the District’s colleges. 

It is important for the Board of Trustees to have sufficient awareness of discriminatory harassment in District programs so that it may consider whether any hostile environment created by acts of harassment warrants a policy response and so that it may consider such incidents in setting relevant policy for the District.  This procedure regarding the provision of information relating to discriminatory harassment to the Board of Trustees applies to (a) complaints filed by a District student alleging harassment by District Faculty or a District or District College administrator; (b) that include sustained allegations of harassment on the basis of a protected category listed in the third paragraph of the Introduction and Scope of this Procedure; and (c) that have been upheld after appeal to the District Board of Trustees or for which the period in which a party to the complaint may file an appeal has expired.

The Chancellor will coordinate with outside counsel to provide the Board of Trustees with summary information regarding sustained allegations of discriminatory harassment (as specified in (a), (b), and (c) above).  After a sustained finding of discriminatory harassment and after the conclusion of any appeal to the Board of Trustees or the expiration of the period in which a student may appeal to the Board of Trustees, the Responsible District Officer charged with the coordination of discrimination complaints, the District official responsible for overseeing the investigation, or a designee of the Chancellor, will share the investigation reports for the specified complaints with the Chancellor and outside counsel specified by the Chancellor.  District counsel shall provide legal counsel regarding the sustained findings as necessary and appropriate, and it will provide the following overview of investigations within the scope of this Section to the Board of Trustees: 

• Summary of the relevant allegation; 
• Relevant findings and conclusions of the investigation;
• Resolution of the complaint, including any sanctions or disciplinary actions recommended or imposed, as well as any other recommended actions; and
• Policies or procedures that are particularly relevant to the incident.  

This summary information will be shared with the Board of Trustees for the sole purpose of informing its policymaking in furtherance of the District’s legal obligations, policies, and commitment related to supporting campus environments that are safe and free of discriminatory harassment or hostile environments.  This information will not include the names of any of the witnesses or parties to a complaint.  For the avoidance of doubt, the provision of information authorized by this Section is limited to the sharing of the summary information identified above to the Board of Trustees to support its policymaking function and the District’s obligation to support.  This Section does not authorize sharing of this summary information with any other individual or for any purpose other than the purpose described herein.  The District shall also ensure compliance with any applicate State or Federal laws (e.g., the Family Educational Rights and Privacy Act) and regulations in considering whether to disclose this summary information. 

The following Board polices are relevant to this provision of information: Nondiscrimination BP 3410 and Prohibition of Harassment BP 3430.

References:
20 U.S.C. Section 1681 et seq.;
Education Code Sections 212.5, 66281.5, and 67386;
Government Code Section 12950.1;
Title 2 Sections 110243 and 11024;
Title 5 Sections 59320, 59324, 59326, 59328, and 59300 et. seq.;
34 Code of Federal Regulations 106.8(b)

Any sexual assault or physical abuse, including, but not limited to, rape, domestic violence, dating violence, sexual assault, or stalking, as defined by California law, whether committed by an employee, student, or member of the public, occurring on District property, in connection with all the academic, educational, extracurricular, athletic, and other programs of the District, whether those programs take place in the District’s facilities or at another location, or on an off-campus site or facility maintained by the District, or on grounds or facilities maintained by a student organization, is a violation of District policies and regulations, and is subject to all applicable punishment, including criminal procedures and employee or student discipline procedures. (See also AP 5500 titled Standards of Student Conduct.)

It is the responsibility of each person involved in sexual activity to ensure that he/she/they 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.

“Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity.

These written procedures and protocols are designed to ensure victims of domestic violence, dating violence, sexual assault, or stalking receive treatment and information. (For physical assaults/violence, see also AP 3500, 3510, and 3515.)

All students and employees who allege they are the victims of domestic violence, dating violence, sexual assault or stalking on District property shall be provided with information regarding options and assistance available to them. Information for students shall be available from the campus Office of Title IV, Office of Student Affairs and the Office of Student Life which shall maintain the identity and other information about alleged sexual assault victims as confidential unless and until the Title IX Coordinator is authorized to release such information. Information for employees shall be available from the District Title IX Coordinator, the Associate Vice Chancellor of Human Resources, who shall maintain the identity and other information about alleged sexual assault victims as confidential unless and until the Title IX Officer Coordinator is authorized to release such information.

The Title IX Officers/Coordinator shall provide all alleged victims of domestic violence, dating violence, sexual assault, or stalking with the following:

• a copy of the District's policy and procedure regarding domestic violence, dating violence, sexual assault, or stalking;
• name of the Title IX Coordinator and/or Case Manager and a list of personnel on campus who should be notified and procedures for such notification, if the alleged victim consents;
• information about the importance of preserving evidence and the identification and location of witnesses;
• a description of available services, and the persons on campus available to provide those services if requested. Services and those responsible for providing or arranging them include: Title IX Coordinator, Office of Student Life or, if the individual is an employee, Human Resources Benefits Coordinator.
• transportation to a hospital, if necessary;
• appropriate counseling referral by Title IX Coordinator;
• a list of other available campus resources or appropriate off-campus resources;
• The victim’s option to:
• notify proper law enforcement authorities, including District Police and local police;
• be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and
• decline to notify such authorities;
• Information about the participation of victim advocates and other supporting people;
• The rights of victims and the institution’s responsibilities regarding orders of protection, no contact orders, or similar lawful orders issued by a court;
• Information about how the district will protect the confidentiality of victims;
• Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if requested and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to District Police or local law enforcement; and
• A description of each of the following procedures:
• criminal prosecution;
• civil lawsuit;
• District disciplinary procedures, both student and employee;
• modification of class schedules; or
• Other academic support, if necessary.

The Title IX Coordinator, Title IX Officer, Director of Student Life (Evergreen Valley College) or Director of Student Development and Activities (San José City College) should be available to provide assistance to District law enforcement unit employees regarding how to respond appropriately to reports of sexual violence.

The District will investigate all complaints alleging sexual assault under the procedures for sexual harassment investigations described in AP 3434 Responding to Harassment Based on Sex under Title IX, regardless of whether a complaint is filed with local law enforcement.

All alleged victims of domestic violence, dating violence, sexual assault, or stalking on District property shall be kept informed, through the Title IX Officer and Title IX Coordinator of any ongoing investigation. Information shall include the status of any student or employee disciplinary proceedings or appeal; alleged victims of domestic violence, dating violence, sexual assault, or stalking are required to maintain any such information in confidence, unless the alleged assailant has waived rights to confidentiality consistent with state and federal law.

A Complainant or witness who participates in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the District’s student conduct policy at or near the time of the incident, unless the District determines that the violation was egregious, including but not limited to, an action that places the health or safety of any other person at risk.

In the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the Complainant consented to the sexual activity under either of the following circumstances:

• The accused’s belief in affirmative consent arose from the intoxication or recklessness of the accused.
• The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the Complainant affirmatively consented.

In the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the Complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the Complainant was unable to consent to the sexual activity under any of the following circumstances:

• The Complainant was asleep or unconscious.
• The Complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the Complainant could not understand the fact, nature, or extent of the sexual activity.
• The Complainant was unable to communicate due to a mental or physical condition.

The District shall maintain the identity of any alleged victim, witness, or third-party reporter of domestic violence, dating violence, sexual assault, or stalking on District property, as defined above, in confidence consistent with state and federal law, unless the alleged victim, witness, or third-party reporter specifically waives that right to confidentiality. All inquiries from reporters or other media representatives about alleged domestic violence, dating violence, sexual assaults, or stalking on District property shall be referred to the District's Title IX Office Coordinator which shall work with District Police to assure that all confidentiality rights are maintained consistent with state and federal law. All investigations shall be conducted in a discrete manner.

Additionally, the Annual Security Report will include a statement regarding the District’s programs to prevent sexual assault, domestic violence, dating violence, and stalking and procedures that should be followed after an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any in any district proceeding arising from such a report. The statement must include the following:

• A description of educational programs to promote the awareness of rape, acquaintance rape, other forcible and non-forcible sex offenses, domestic violence, dating violence, or stalking;
• Procedures to follow if a domestic violence, dating violence, sex offense, or stalking occurs, including who should be contacted, the importance of preserving evidence to prove a criminal offense, and to whom the alleged offense should be reported;
• Information on a student’s right to notify appropriate law enforcement authorities, including District and local police, and a statement that campus personnel will assist the student in notifying these authorities, if the student so requests, and the right to decline to notify these authorities;
• Information about how the District will protect the confidentiality of victims;
• Information for students about existing on- and off-campus counseling, mental health, victim advocacy, legal assistance, or other services for victims;
• Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if requested and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to District Police or local law enforcement;
• Procedures for campus disciplinary action in cases of an alleged domestic violence, dating violence, sexual assault, or stalking including a clear statement that:
• Such proceedings shall provide a prompt, fair, and impartial resolution;
• Such proceedings shall be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability;
• The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding; and
• Both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding resulting from an alleged domestic violence, dating violence, sexual assault, or stalking.
• Both the accuser and the accused must be informed of the procedures to appeal the results of the disciplinary proceeding, of any changes to the results that occurs prior to the time that such results become final, and when such results become final. Compliance with this section does not violate the Family Educational Rights and Privacy Act. The outcome of a disciplinary proceeding means the final determination with respect to the alleged domestic violence, dating violence, sex offense, or stalking and any sanction that is imposed against the accused.
• A description of the sanctions the campus may impose following a final determination by a campus disciplinary proceeding regarding rape, acquaintance rape, or other forcible or non-forcible sex offenses, domestic violence, dating violence, or stalking.

Education and Prevention Information

The Title IX Coordinator, Title IX Officer, Director of Student Life (Evergreen Valley College) or Director of Student Development and Activities (San José City College) shall provide, as part of the District and each campus’ established orientation program, education, prevention, and outreach information about domestic violence, dating violence, sexual assault, and stalking. The information shall be developed in collaboration with campus-based and community-based victim advocacy organizations, and shall include the District’s sexual assault policy and prevention strategies including empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Sexual violence prevention and education information shall be posted on the campus internet website including information on domestic violence, dating violence, sexual assault and stalking.

The outreach programming included as part of an incoming student’s orientation must include, at a minimum, all of the following:

• The warning signs of intimate partner and dating violence.
• Campus policies and resources relating to intimate partner and dating violence.
• Off-campus resources and centers relating to intimate partner and dating violence.
• A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.

References:
Education Code Sections 67385, 67385.7, and 67386;
20 U.S. Code Section 1092 subdivision (f);
34 Code of Federal Regulations Part 668.46 subdivision (b)(11)

Definitions
The following conduct shall constitute good cause for discipline, including but not limited to the removal, suspension or expulsion of a student, except for conduct that constitutes sexual harassment under Title IX, which shall be addressed under AP 3433 Prohibition of Sexual Harassment under Title IX, and AP 3434 Responding to Harassment Based on Sex under Title IX.

• Causing, attempting to cause, or threatening to cause physical injury to another person.
• Possession, sale, or otherwise furnishing any firearm, knife, explosive or other dangerous object,  including but not limited to any facsimile firearm, knife or explosive, unless, in the case of possession of any object of this type, the student has obtained written permission to possess the item from a District employee, which is concurred in by the College President or designee.
• Unlawful possession, use, sale, offer to sell, or furnishing, or being under the influence of, any controlled substance listed in California Health and Safety Code Sections 11053 et seq., an alcoholic beverage, or an intoxicant of any kind; or unlawful possession of, or offering, arranging or negotiating the sale of any drug paraphernalia, as defined in California Health and Safety Code Section 11014.5.
• Committing or attempting to commit robbery or extortion.
• Causing or attempting to cause damage to District property or to private property on campus.
• Stealing or attempting to steal District property or private property on campus, or knowingly receiving stolen District property or private property on campus.
• Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the college or the District.
• Sexual assault or sexual exploitation regardless of the victim’s affiliation with the District.
• Committing sexual harassment as defined by law or by District policies and procedures.
• Engaging in harassing or discriminatory behavior based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other status protected by law.
• Engaging in intimidating conduct or bullying against another student through words or actions, including direct physical contact; verbal assaults, such as teasing or name-calling; social isolation or manipulation; and cyberbullying.
• Willful misconduct that results in injury or death to a student or to District personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the District or on campus.
• Disruptive behavior, willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel.
• Cheating, plagiarism (including plagiarism in a student publication), or engaging in other academic dishonesty is addressed in the respective college catalog.
• Dishonesty; forgery; alteration or misuse of District documents, records or identification; or knowingly furnishing false information to the District.
• Unauthorized entry upon or use of District facilities.
• Lewd, indecent or obscene conduct or expression on District-owned or controlled property, or at District sponsored or supervised functions.
• Engaging in expression which is obscene, libelous or slanderous, or which so incites students as to create a clear and present danger of the commission of unlawful acts on District premises, or the violation of lawful District regulations, or the substantial disruption of the orderly operation of the District.
• Persistent, serious misconduct where other means of correction have failed to bring about proper conduct.
• Unauthorized preparation, giving, selling, transfer, distribution, or publication, for any commercial purpose, of any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction, including but not limited to handwritten or typewritten class notes, except as permitted by any District policy or administrative procedure.
   
  Students who engage in any of the above are subject to the procedures outlined in AP 5520 titled Student Discipline Procedures.
   
  Also see BP/AP 3410 titled Nondiscrimination, BP/AP 3430 titled Prohibition of Harassment, AP 3435 titled Discrimination and Harassment Investigations, BP 5500 titled Standards of Student Conduct, AP 5520 titled Student Discipline Procedures,  AP 5530 titled Student Rights and Grievances, San José City College Catalog and Evergreen Valley College Catalog.

References:
Education Code Sections 66300, 66301, 72122, and 76030;
WASC/ACCJC Accreditation Standards I.C. 8 and 10