Filing a Harassment or Sexual Assault Complaint

SexualAssaultAwareness Procedure to File a Harassment or Sexual Assault Complaint (See also AP 3540: Sexual and Other Assaults on Campus)A. Statement regarding Sexual Assault

1. Unlawful sexual assault is a criminal activity prohibited in all employee and student areas, buildings, properties, facilities, service areas, satellite centers of the PCCD and all non-District areas where Peralta classes/instruction are conducted. It is the policy of the PCCD to ensure, to the extent possible, that students, faculty and staff who are victims of a sexual assault committed at or upon the grounds of or upon off-campus grounds or facilities maintained by the District or its colleges, shall receive information, follow-up services, and referrals to local community treatment centers.

2. Each college, through the Offi ce of the Vice President of Student Services, shall make available sexual assault awareness information to students and employees.

B. Definition of Sexual Assault (Education Code 67365) “Sexual Assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.

C. Procedure

1. The Office of the Vice President of Student Services shall have full responsibility, except for public information, for the administration and follow-up of the sexual assault program required.

This includes:

(a) Making available to students and staff the District policy on sexual assault.

(b) Meeting legal reporting requirements.

(c) Identifying available services for the victim.

(d) Developing and updating a description of campus resources available to victims as well as appropriate off -campus services.

(e) Implementing procedures for keeping the victim informed of the status of any student disciplinary proceedings in connection with the sexual assault.

(f) Providing confidentiality.

 

2. It shall be the responsibility of the Vice President of Student Services to see to it that victims of sexual assault committed at or upon the grounds of, or upon off-campus grounds or facilities maintained by the District, shall receive information and referral for treatment. Services available include immediate short-term crisis counseling, and long-term counseling referral to agencies in the community. This information shall be provided with sensitivity and in consideration of the personal needs of the victim.

3. Any student, faculty, or staff member who is a victim of sexual assault at a District facility referred to in Section 1.1 of this policy is encouraged to notify the Vice President of Student Services. The Vice President of Student Services, with the consent of the victim, shall notify the Campus/District Police Services.

4. Pursuant to legal requirements, the Campus/District Police will notify the appropriate local law enforcement agency of the reported sexual assault, and obtain an ambulance to transport the victim to the hospital, as necessary.

5. In accordance with the Campus Crime Awareness and Security Act of 1990, the District, on an annual basis, shall notify students and employees of statistics concerning specific types of crime, including sexual assault. This notice shall be made through appropriate publication/mailings. The names of the victims will not be reported in the statistics.

6. In cases of violent crimes considered to be a threat to other students and employees, each college’s President or the Chancellor of the District shall make timely reports, respecting the confi dentiality of the victim, to the college community in a manner that will aid in the prevention of similar occurrences.

7. Upon notification of a sexual assault, the Campus/District Police Services will distribute to the victim a description of campus resources and services available to the victim, as well as appropriate off-campus services. Each student or employee should have a copy of this procedure.

8. The listing of resources and services shall be available through the Campus/District Police Services, each college’s Counseling Department, and Health Services Unit. 9. A victim of sexual assault shall be provided with information about pursuing the following remedies or actions against the perpetrator:

(a) Employees: Criminal Prosecution/Civil Prosecution: District disciplinary process: Violation of this procedure will cause disciplinary action which may include termination of employment or may require an employee to participate in a rehabilitation program.

(b) Students: Criminal Prosecution/Civil Prosecution: District disciplinary process: Students are required to comply with this policy to remain in good standing and as a condition of continued attendance at any of the District’s colleges. Violation of this policy will be cause for disciplinary action against the student, up to and including expulsion, and/ or may require the student to participate in a rehabilitation program. Student discipline shall be accomplished in accordance with provisions of Article 3 of the Title 3, Division 7, Part 47, of the California Education Code.

(c) Non-Student/Employer: Criminal Prosecution/Civil Prosecution:

i. A victim of sexual assault shall be kept informed by the college President/designee or the Chancellor of the status of and disposition of any District/College disciplinary proceedings in connection with the sexual assault.

ii. The Counseling Department and Health Services shall assist, upon request, the victim of sexual assault in dealing with academic difficulties that may arise because of the victimization and its impact.

iii. The identity of a victim of sexual assault shall remain confi dential unless otherwise prescribed by law. Requests for information regarding the sexual assault from the press, concerned students, parents, and Peralta employees not involved in the assault or its investigation, will be handled by the college’s Public Information Office or the District’s Offi ce of Marketing in accordance with these regulations: the Family Educational Right and Privacy Act, applicable California Education and Administrative Code sections, and Peralta Community College District Policy and Procedures.

FILING A COMPLAINT

Individuals who wish to file an administrative / internal complaint, can do so with the Vice President of Student Services in A-103.

FILING A POLICE REPORT

Police reports can be filed with the on-campus Peralta Sheriff’s Office in F-122.