TITLE IX - A Student's Right to Know
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.
Action Recommendations courtesy of Rape, Abuse, Incest National Network (RAINN) https://rainn.org/
When Should I report a complaint?
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 Jose-Evergreen Community College District, San Jose 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.
What happens when I report a complaint to District/Campus Police?
When the incident is reported to Campus Police, the following can occur:
If I do not report to the District Police, to whom do I report a complaint?
Important Campus Contacts
Office of the Vice President of Student Affairs/Title IX Coordinator, Student Center Building, room SC 205, (408) 223-6749
Campus Police, Central Plant Building, (408) 270-6468
Director of Student Health Center, Student Center Building, room SC 124A, (408) 270- 6480
Director of Student Life, Student Center, room SC 117A, (408) 531-6117
Title IX Coordinator Adela Esquivel-Swinson 408-223-6749
Director of Student Life Raniyah Johnson 408-223-6768
Dean, Kinesiology & Athletics Lamel Harris 408-288-3730
Student Health Center
Coordinator Janice Assadi 408-270-6480
Disabilities Support Program
& Services Counselor Leslie Williams 408-274-7900 x6632
Dean, Counseling & Student
Success Angelina Duarte 408-270-6475
Dean, Enrollment Services Octavio Cruz 408-270-6441
CalWORKs Director Liz Tyrrell 408-274-7900 x6589
CalWORKs Counselor TBA
SJECCD Police Department Chief Thomas Morales 408-270-6468
Campus Sexual Assault Victim Bill Of Rights
Victims of sexual assault will have the right to:
Major Terms Defined
However, the San Jose-Evergreen Community College District which includes both San Jose City College and Evergreen Valley College have been advised by District Counsel to follow the all-encompassing Title IX laws and the Office of Civil Rights (OCR) which includes the Campus Security Authorities (CSAs) listed above and
Campus Security Authorities are responsible employees who:
What Is Title IX?
Title IX is a federal law that applies to educational institutions receiving federal financial assistance and prohibits discrimination on the basis of sex in an educational institution's programs or activities, including employment, academic, educational, extracurricular and athletic activities (both on and off campus). Title IX protects all people regardless of their gender or gender identity from sex discrimination, including sexual harassment and sexual violence, which are forms of sex discrimination. Title IX requires institutions to take necessary steps to prevent sexual assault on their campuses, and to respond promptly and effectively when an assault is reported.
Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public and private elementary and secondary schools, school districts, colleges, and universities (hereinafter "schools") receiving any Federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion.
Therefore, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. Although Title IX is primarily known for advancing equity in women's sports, it provides federal civil rights that prohibit sex discrimination in education programs and activities such as:
Admissions or financial aid.
Housing and facilities.
Courses, academic research and other educational activities.
Career guidance, counseling or other educational support services.
Employment, training for employment or advancement in employment.
Title IX On A College Campus
The protections of Title IX also extend to sexual harassment and sexual assault or violence that impairs or interferes with access to equitable educational and employment opportunities. Title IX is applicable to all members of the campus community, individuals doing business with the campus, those using campus facilities, and those who engage in volunteer activities or work for FM.Each school must designate a Title IX coordinator to review, update and implement Title IX and to ensure effective and timely response to complaints of sexual violence, discrimination or harassment.
Dr. Marie-Elaine Burns, Vice-President for Student Special Service is the San Jose City College Title IX Coordinator. She can be reached at (408) 288-3729.
Adela Esquivel-Swinson is the Vice-President for Student Affairs and the Title IX Coordinator at Evergreen Valley College. He can be reached at (408) 223-6749.
What Is The Clery Act?
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (commonly referred to as the "Clery Act") was named after a 19-year old freshman at Lehigh University. In 1986, Jeanne was raped and murdered in her residence hall. The perpetrator was another student she did not know. Her death led to national awareness of campus crime Federal Jeanne Clery Act.The Clery Act requires colleges and universities to report annual statistics on crime, including sexual assault and rape, on or near their campuses, and to develop and disseminate prevention policies.
What Is VAWA And The SaVE Act?
The Violence Against Women Act of 1994 (VAWA) is a United States federal law (Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, H.R. 3355) signed as Pub. L. 103–322 by President Bill Clinton on September 13, 1994 (codified in part at 42 U.S.C. sections 13701 through 14040). The Act provides $1.6 billion toward investigation and prosecution of violent crimes against women, imposes automatic and mandatory restitution on those convicted, and allows civil redress in cases prosecutors chose to leave un-prosecuted. The Act also establishes the Office on Violence Against Women within the Department of Justice
On March 7, 2013, President Obama signed a bill that strengthened and reauthorized the Violence Against Women Act (VAWA). Included in the bill was the Campus Sexual Violence Elimination Act (Campus SaVE), which amends the Jeanne Clery Act and clarifies that "sexual violence" includes domestic violence, dating violence and stalking, which must be included in campus Clery reports, and also requires that institutional policies address and prevent sexual violence through training, education, and certain discipline procedures.
Campus SaVE Act higher education obligations include:
1. Increases transparency about sexual assault issues on campus by expanding sexual crime reporting;
2. Identifies the institution's Campus Security Authority (CSA's) personnel
3. Creates a Campus Sexual Assault Victim Bill of Rights;
4. Sets standards for disciplinary proceedings; and
5. Requires campus-wide prevention education programs
While the Clery Act requires annual reporting of statistics for various criminal offenses, including forcible and non-forcible sex offenses and aggravated assault, VAWA's SaVE Act provision adds domestic violence, dating violence, and stalking to the categories that, if the incident was reported to a campus security authority or local police agency, must be reported under Clery.
Almaden Valley Counseling Service
Phone: 1- (408) 997-0200Address: 6529 Crown Blvd, Suite D San Jose, CA 95120http://santaclara.networkofcare.org/mh/services/agency.aspx?pid=AlmadenValleyCounselingService_356_2_0
Dating Violence: Break the Cycle
National Center for Victims of Crime: Dating Violence
Office on Women's Health
Help and Healing Resources in Santa Clara County
24- HOUR CRISIS LINES
Sexual Assault & Domestic Violence(South County & San Benito County)1.877.END.SADV (1.877.363.7238)
NEXT DOOR SOLUTIONS TO DOMESTIC VIOLENCE
Hotline: 408-279-2962Center: 234 E. Gish Rd., San Jose, CA 95112Hours:Monday – Thursday: 9 AM to 8 PM andFriday from 9 AM to 5 PM408-501-7550
MENTAL HEALTH REFERRALS
Need help with Mental Health, Rape Crisis, Suicide Prevention, and other services?Call for a referral at: 1-800-704-0900
YWCA RAPE CRISIS
24 Hour Hotlines:408-287-3000650-493-72731-800-670-7273
Community Solution Centers (Counseling Services Provided)
5671 Santa Teresa Blvd., #104, San Jose, CA 95123, 408-225-916316264 Church St., #103, Morgan Hill, CA 95037, 408-779-21139015 Murray Ave., #100, Gilroy, CA 95020, 408-842-7138310 Fourth St., #105, Hollister, CA 95023, 831-637-1094
Assault Prevention & Awareness
Sexual Harassment Complaint Procedures
Harassment/Discrimination - Complaint Form
Code of Ethics
Campus and District Policies
Student Safety on Campus: College Forum
Responsible Employee Obligations Checklist (Employee Complainants)
Responsible Employee Obligations Checklist (Student Complainants)
Title IX Assault Incident Reporting Form
White House: 1 is 2 MANY