If you are a student at Ohlone Community College, and you have been the victim of sexual harassment, sexual assault, stalking, dating or domestic violence,
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Information for Victims (Complainant) (Updated February 2017 ) 1 Information for Victim s ( or Complainant or Accuser ) If you are a stud ent at Ohlone Community College, and you have been the victim of sexual harassment, sexual assault, stalking, d ating or domestic violence , or other gender – based harassment , regardless of whether the violation occur r ed on – campus or off – campus, it is important that you read the following information. Although not intended to be a comprehensive explanation of your options and rights, this information may be useful to you. Sexual harassment, sexual violence and other gender – based harassment occu rring in the college setting implicates a federal law called Title IX of the Higher Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities and which triggers certain responsibilities on the part of the college. Ohlone College has a Title IX Coordinator and response team that can assist you. Key contacts for additional information include Ms. Shairon Zingsh eim ( Associate V ice President of Human Resources ) and Dr. Minh – Hoa Ta ( Vice President of St udent Services). Ohlone College is committed to maintaining a positive learning, working and living environment. Ohlone prohibits sexual assault, domestic violence, dating violence, and stalking . The college will not tolerate acts of sexual harassment or sexual violence or related retaliation against or by any employee or student. When sexual harassment or sexual violence has occurred and is brought to the attention of a responsible administrator, steps will be taken to end the harassment or violence, prevent its reoccurrence, and address its effects. Staff or faculty who are informed of any crime or threat of harm must report that information to one of the following college officials : Associate V i ce President of Human Resources – Title IX Coordinator Vice President of Student Services Student Health Center Campus Police Complainant or Victim or Accuser . The person who the allegations have been made against is referred to as the Respondent or Accused . A complainant who wishes to report sexual harassment, sexual violence or other gender – based harassment may report their complaint directly to any of the fo llowing campus offices: Associate V ice President of Human R esources – Title IX Coordinator Vice President o f Student Services Student Health Center Campus Police A complainant may also report directly to law enforcement , but may also choose not to report to law enforcement . If a report is initially made with Campus Police or the Student Health Center, authorized personnel consent. A complainant may pursue both t he campus process through the Title IX Coordinator or the Vice President of S tudent Services and the criminal process simultaneously. In addition,
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Information for Victims (Complainant) (Updated February 2017 ) 2 students may file a Title IX complaint with the Office for Civil Rights of the U.S. Department of Education. The Title IX Coordinator (Associate V ice President of Human Resources) and the Vice President of Student Services have authority to address complaints of sexual harassment and sexual violence in a non – criminal context. This campus process is completely se parate from the police and courts. Within Ohlone College , the identity of the respondent determines which of the two offices handles the case. When the respondent is a student at the time of incident, the Vice President of Student Services provides a stude nt conduct process for investigating those cases whether they occur on or off campus. For cases where the respondent is an employee, those cases are handled by the Associate V ice President of Human Resources , who is also a member of the Title IX Investigat ive Team. When the respondent is both a student and an employee, the two offices may work together to investigate and determine appropriate corrective action for the case. If you are uncertain about which office to contact you may call either office. When the respondent is neither a student nor employee, the college can still assist you with counseling and other support services contact the Student Health Center for these services. The Title IX Coordinator will review the allegations and determine an appropriate course of action. Some cases can be handled informally and outside of the formal investigative process, although the college will not mediate cases of sexual violence even on a voluntary basis. For cases that result in an investigation, those i nvestigations are conducted by individuals who have received specialized training in those types of investigations and annual training on 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 . All investigations will be conducted in a prompt, fair, thorough and impartial manner. When the college becomes aware of sexual , dating, or domestic violence , the colle ge may have ensure campus safety , and issue appropriate corrective action to promote responsibility . You are not required to participate if you choose not to; respond to and determine the most appropriate consequences for the incident. If you request that your name or other identifying information not be used in an investigation, the college will consider your re quest in light of the context of its responsibility to provide a safe and nondiscriminatory environment and will protect the confidentiality of victims by not including your identifying information to the extent allowed by law . In most cases, information i ncluding your name may be shared with the respondent, witnesses and with college officials who have a legitimate need to know. Beyond that, the college will take steps to protect your identity and the identity of all individuals involved. s process, the complainant and respondent will not be permitted to directly question each other and are not required to be present together at any point. Both a complainant and a respondent have the right to identify witnesses and provide other information relevant to the investigation. The college will decide the case based on a preponderance of the evidence standard (whether or not it is more likely than not that the conduct occurred). The College may, at its discretion, direct trained professionals to co nduct an investigation. In most cases, the college will not wait until a criminal case is resolved before proceeding with the . In addition, if a college official has a reasonable belief that a reportable crime has been committed, she or he may be obligated to report that to law enforcement if police have not already been notified. In cases where a police investigation has been conducted or is
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Information for Victims (Complainant) (Updated February 2017 ) 3 being conducted, law enforcement may be able to provide some inf ormation to the Title IX – finding investigation may be delayed for a short period of time upon a request from law enforcement, but will be resumed as soon as possible. Such a delay will override th e C ollege employee discipline without violating its procedures. Most sexual violence or sexual harassment investigations conducted through the Title IX Office takes up to 60 days to be resolved, depending on the complexity of the case and the number of parties and witnesses involved. The college will keep a complainant advised as to the status of the case as the complainant desires and as is reasonable. The complainant and respondent will be simultaneous l y informed in writing of the outcome of the case, appeal rights, any change to the result before the result is final, and when the result becomes final . The college will take interim steps to protect a complainant and respondent while the case is pending. Depending on the moves to avoid having classes together , ordering a respondent to not have contact with the complainant, excluding from pa rts of campus, or providing an escort to accompany the complainant on campus. Any adjustments made will be designed to minimize the burden on the c . Some of these actions may also be remedies in those cases resulting in a finding of a policy violation. If disciplinary action is initiated, the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice. For proceedings alleging violation of a federal law, the preponderance of the evidence standard is used. If a violation is established, appropriate corrective action or discipline will be issued which may include but is not limited to: verbal or written warn i ng, reprimand, disciplinary probation for a student, suspension, expulsion for a student, or termination for an employee. complainant may be handled informally . If you are underage, you will not get in trouble if you report a sexual assault that happened while you were drinking. The use of alcohol or other drugs never makes the victim at fault for sexual violence. An individual accused of sexual misconduct does not avoid or mitigate responsibility because s/he was under the influence of alcohol or other drugs. Ohlone College has a policy that prohibits retaliation against any employee or student who reports an incident of alleged sexual harassment or sexual violence, or any employee or student who testifies, assists or participates in a proceeding, investigation or hearing relating to these allegations. Respondents are informed of this provision, and any incident that the victim or a witness believes to be retaliation should be reported immediately to the Title IX Coordinator. information , o r you can view these policies on the Ohlone College website . College employees must refer reports of sexual harassment, sexual violence, or other gender – based harassment to the Title IX Office r . The only exception to the obligation to report applies to e mployees working in the Student Health Center who provide confidential counseling services. The following outlines three paths you may follow in seeking counseling and medical support, pursuing College conduct sanctions against a student or employee , and/ or reporting the incident
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Information for Victims (Complainant) (Updated February 2017 ) 4 to Campus Police Services. None of the paths are mutually exclusive; you may pursue any or all forms of recourse. OBTAINING SUPPORT: You may want to focus on emotional healing and physical healing related to your experience. Tal king to one of the resource personnel listed below does not constitute reporting sexual misconduct. However, support persons can help you explore options in case you choose to pursue conduct or criminal complaints. Medical help is important to: (1) ensur e you are not physically harmed ; (2) preserve evidence in case you want to report the crime so there is proof if criminal prosecution occurs (even if you are not sure you want to report the crime now, you may want to report in the future) ; and (3) if sexual assault is involved, take steps to minimize the possibility of sexually transmitted infections and pregnancy. It is ideal to get medical care immediately following a sexual assault. Physical evidence from a sexual assault must be collec ted within 96 hours. If you want to make a confidential report and seek support and resources, please contact one of these resources for confidential assistance: 1. On – Campus Confidential Resources: Student Mental Health Counselor at Student Health Center, 510 – 659 – 6258. 2. Off – Campus Confidential Resources: Sexual Assault or Rape Crisis 24 Hour Hotlines f or Counseling and Other Support : BAWAR (Bay Area Women Against Rape): (510) 845 – 7273 SAVE (Safe Alternatives to Violent Environments): (510) 794 – 6055 The Student Health Center staff and bot h community agencies (BAWAR and SAVE) can assist you with (1) information and resources on counseling, health, mental health, victim advocacy, legal assistance such as seeking a protective order or restraining order , and other services available for victims both on – campus and in the community , and (2) changing academic, living, transportation, and working situations if you so request , regardless of whether you want to report the crime to campus police or local law enforcem ent . For other current contact information of community resources please visit our Student Health Center and/or their website : http ://www.ohlone.edu/org/healthcenter/sexualassaultinfo.html REPORTING TO THE COLLEGE: Formal complaints of violations are filed through the Vice President of Student Services and/or the Associate Vice President of Human Resources, who is the Title IX Coordinator. You may also speak with other officials at the college to make formal reports of incidents (faculty, deans, vice presidents, campus ombudsperson or other administrators with supervisory responsibilities, campus safety , or human resources). The provide you with assistance. Notice to them is official notice to the District and will result in the appropriate action. On – campus reporti ng key contacts: Vice President of Student Services, Dr. Minh – Hoa Ta , 510 – 659 – 6107 Associate Vice President of Human Resources, Ms. Shairon Zingsheim , 510 – 659 – 6201 Director of the Student Health Center, Ms. Sally Bratton , 510 – 659 – 6258 Campus Police Services , 510 – 659 – 6111
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Information for Victims (Complainant) (Updated February 2017 ) 5 REPORTING TO THE POLICE: It is your choice whether to report the crime to campus police or local law enforcement. You have the right to report to both or we can assist if you request our assistance in reporting to either or both. You have the right to decline to report to either. Reporting to the local police department is not exclusive because you may seek support and resources on campus and in the community and file a comp laint in addition to reporting to the local police department. Any of the key contacts listed above can help arrange initial contact between you and the police and assist in supporting you during the investigation . Once you report the crime to the police, the College has no control over the police investigation and the criminal legal process that may result. Fremont Polic e Department: Emergency: 911 or non – emergency: (510) 790 – 6800 Newark Police Department: Emergency: 911 or non – emergency: (510) 578 – 4237
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Information for Victims (Complainant) (Updated February 2017 ) 6 BP 3540 Sexual and Other Assaults on Campus – Board Policies, Chapter 3 General Institution Reference: Education Code Section 67382, 67385; 20 US.C § 1092(f); 34 C.F.R. § 668.46(b)(11) Board Approved: 04/13/05 Amended: 12/09/09 Any sexual assault or physical abuse, 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, is a violation of District policies and procedures, and is s ubject to all applicable punishment, including criminal procedures and employee or student discipline procedures. Students, faculty, and staff who may be victims of sexual and other assaults shall be treated with dignity and provided comprehensive assistan ce. The President/ Superintendent shall establish administrative procedures that ensure that students, faculty, and staff who are victims of sexual and other assaults receive appropriate information and treatment, and that educational information about pre venting sexual violence is provided and publicized as required by law. The procedures for sexual assaults shall meet the criteria contained in EC 67385, 67385.7 and 34 C.F.R.§ 668.46. See Administrative Procedure #3540.
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Information for Victims (Complainant) (Updated February 2017 ) 8 These written procedures and protocols are designed to ensure victims of domestic violence, dating violence, sexual assault, or stalkin g receive treatment and information. (For physical assaults/violence, see also AP 3500, 3510, and 3515.) All students, faculty members or staff members who allege they are the victims of domestic violence, dating violence, sexual assault or stalking on Dis trict property shall be provided with information regarding options and assistance available to them. Information shall be available from Campus Police Services, which shall maintain the identity and other information about alleged sexual assault victims a s confidential unless and until the Chief of Campus Police Services is authorized to release such information. The Chief of Campus Police Services 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 rega rding domestic violence, dating violence, sexual assault or stalking; A list of personnel on campus who should be n otified and procedures for such notification, if the alleged victim consents. Those that would be notified would be: President/Superintendent, Vice President of Student Services, and the Mental Health Counselor. Information about the importance of preserving evidence and the identific ation 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 provided or arranging them include: transportation to a hospital, if n ecessary; (Campus Police Services) counseling by the Student Health Center, or referra l to a counseling center and/or Employee Assistance Program (EAP); (Student Health Center) a list of other available campus resources or appropriate off – campus resources. (Campus Police Services) notify proper law enforcement authorities, including on – campus and local police; be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and decline to notify such authorities; protection, no contact orders, or similar lawful orders issue d by a court; Information about how the district will protect the confidentiality of victims; and Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if req uested and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. A description of each of the following procedures: criminal prosecution; civil prosecution (i.e., lawsuit); District disciplinary procedures, both student and employee; modification of class schedules; tutoring, if necessary.
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Information for Victims (Complainant) (Updated February 2017 ) 9 The Mental Health Counselor 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 3435, regardless of whether a com plaint 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 Campus Police Services , of any ongoing investigation. Information shall include the status of any student of employee disciplinary proceedings or appeal; alleged victims of domestic violence, dating violence, sexual assault, or stalking are required to maintain any such informat ion in confidence, unless the alleged assailant has waived rights to confidentiality. A complainant or witness who participates in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanct ions for a violation of 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 or involves plagiarism, cheating, or academic honesty. 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: arose from the intoxication or recklessness of the accused. The accused did not take reasonable steps, in the circumstances known to the acc used 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 phys ical condition. The District shall maintain the identity of any alleged victim or witness of domestic violence, dating violence, sexual assault, or stalking on District property, as defined above, in confidence unless the alleged victim or witness specific ally 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 Public Informati on Office, which shall work with Campus Police Services to assure that all confidentiality rights are maintained. programs to prevent sexual assault, domestic violen ce, dating violence, and stalking and
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Information for Victims (Complainant) (Updated February 2017 ) 10 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 (preponderance of evidence) t hat will be used during 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 offense s, domestic violence, dating violence, or stalking; Procedures to follow if a domestic violence, dating vio lence, 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; Responses to stranger and non – stranger sexual assault; The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive follow – up victim interview, as app ropriate; Contacting and interviewing the accused; Seeking the identification and location of witnesses; including on – campus and local police, and a statement that c ampus personnel will assist the student in notifying these authorities, if the student so requests, and the right to decline to notify these authorities; Written information and notification for students about existing on – and off – campus counseling, men tal health, victim advocacy, legal assistance or other services for victims and contact information; Participation of victim advocates and other supporting people; Investigating allegations that alcohol or drugs were involved in the incident; The role of the institutional staff supervision; A comprehensive, trauma – informed training program f or campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases; Written notification of victims about options for, and av ailable 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 campus police or local law enforcement; Procedures for campus disciplinary action in cases o f an alleged domestic violence, dating violence, sexual assault, or stalking including a clear statement that: Suc h proceedings shall provide a prompt, fair, a nd 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 t he 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, the procedures for the accused and victim to appeal the results of the disciplinary proceeding, of any changes to the results that occur prior to the time that such results become final, and when such results become final. Comp liance with this paragraph does not violate the Family Educational Rights and Privacy Act. For the purposes of this paragraph, the outcome of a disciplinary proceeding means the final determination with respect to
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Information for Victims (Complainant) (Updated February 2017 ) 11 the alleged domestic violence, dating viol ence, 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, date rape, or other forcible or non – forcible sex offenses, domestic violence , dating violence, or stalking. Education and Prevention Information C ampus Police Services shall: on – campus orientation program, comprehensive prevention and outreach education and information about domestic violence, dating violence, sexual assault, or stalking. The information shall be developed in collaboration with campus – based and community – based victim advocacy organizations, and shall include the Distric strategies including empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make stud ents policy including posting sexual violence prevention and education information on the campus website, www.ohlone.edu regarding domestic violence, dating violence, sexual assault and stalking. Outreach programs shall include a process for conta cting and informing the student body, campus organizations, athletic programs, and student groups about the cons ent standard, and the rights and responsibilities of students under the policy. Adopted: January 2010 Revised: June 2012, June 2013, July 2015
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