To make informed choices, all parties should be aware of confidentiality and privacy issues, as well as institutional mandatory reporting requirements.
If reporting students wish that details of an incident be kept confidential, they should speak with campus mental health counselors and/or health service providers. Campus counselors are available to help on an emergency basis. Their service is free of charge. Off-campus clergy, chaplains, and off-campus rape crisis center staff can maintain confidentiality. Local resources such as crisis centers are also confidential and have no duty to report your information to the College.
All College employees who are not designated above as confidential, are mandated reporters for all the details of which they are aware about an incident. They share this information with the Title IX coordinator. Giving a mandated reporter notice of an incident constitutes official notice to the institution. Incidents of sexual misconduct will be taken seriously when official notice is given to the institution. Such incidents of sexual misconduct will be investigated and resolved in a prompt and equitable manner under the College's resolution procedures.
You may request confidentiality and/or that the Title IX coordinator provide you with remedies and resources without initiating a formal resolution process. The coordinator will weigh requests for confidentiality against the institutional need to address and remedy discrimination under Title IX. Generally, the College will be able to respect your wishes, unless it believes there is a threat to the community based on the use of weapons, violence, pattern, predation, or threatening conduct by the person being accused.
In cases where your request for confidentiality is granted, the College will offer you available resources, supports, and remedies. You are not obligated to pursue formal resolution in order to access the resources that are available. If the College decides that it is obligated to pursue a formal resolution based on the notice you have given, you are not obligated to participate in the resolution process. However, the ability of the College to enforce its policies or provide some remedies may be limited as a result of your decision not to participate.
Incidents Involving Minors
Please be aware that institutional duties with respect to minors (those under the age of 18) require reporting sexual misconduct incidents to state agencies and/or local law enforcement. As a result, confidentiality cannot be granted in sexual misconduct incidents involving minors.
Complainant (aka Reporting Party)-Student(s), employee(s) of SJECCD, or community member(s) who alleges that he/she has been subjected to discrimination/ harassment or sexual misconduct. Complainants may be individuals or groups of individuals who have been impacted by discrimination or sexual misconduct.
Third-Party Complainant- a person who brings a complaint on behalf of another member(s) of the campus community who has allegedly been the subject of discrimination or sexual misconduct.
Respondent- Person or persons who are members of the campus community who allegedly discriminated against or harassed another person or persons. (May be individuals, groups, programs, academic or administrative units, or the institution (SJECCD).)
Incapacitation- the inability, temporarily or permanently, to give consent because the person is mentally and/or physically helpless, asleep, unconscious. Or unaware that sexual activity is occurring. When an individual lacks the ability to make informed, rational judgments and cannot consent to sexual activity. It may result from the use of alcohol and/or drugs, but it is a state beyond drunkenness or intoxication.
The District has both an informal and formal complaint process see Board Policy 3435 for more information about both process. To file an informal or formal complaint, please use the links below. Formal complaints should be submitted to the District Title IX Coordinator by mail or e-mail.
Formal Discrimination/Sexual Harassment Complaint Form
Incidents can also be reported by concern community members using the District's online reporting system. Incident reports may be made anonymously, but please keep in mind that reporting an incident anonymously may limit the District's ability to investigate and remedy the issue. The District strongly encourages all individuals to make reports and if they have concerns about reporting to reach out to speak to a Title IX Coordinator about any concerns you have. The District has an anti-retaliation policy for all reports of Title IX incidents.
Reporting parties may also file complaints with outside entities.
To file a complaint with OCR start
Employees may file complaints regarding discrimination/sexual harassment in employment with either the California Department of Fair Employment & Housing (DFEH) or with the U.S. Equal Employment Commission (EEOC).
TIMEFRAME FOR FILING COMPLAINTS
Under Title 5 of the California Code of Regulations § 59328(d) student discrimination complaints including sexual harassment must be filed within one (1) year of the date of alleged unlawful conduct or within one (1) year of the date on which the reporting party knew or should have known of the facts underling the allegation.
Reporting parties who allege discrimination/ sexual harassment in employment must file their complaints within one- hundred-eighty (180) days of the date of the alleged discrimination/sexual harassment. The Title IX Coordinator may extend this period by no more than ninety (90) days if the reporting party first obtained knowledge of the fact of the alleged violation after the expiration of the one-hundred-eighty (180) days.
The District may conduct an internal investigation as appropriate to address and/or remedy allegations after a reporting party files a formal complaint alleging discrimination or sexual harassment after the timeline above, but no longer than one (1) year.
Formal complaints will be assigned to an impartial investigator. The investigator will conduct interviews with relevant parties and witnesses and obtain additional evidence before incorporating relevant evidence into an investigative report. The investigator will prepare a written report that includes the following:
The investigator will send his/her report to the Chief Executive Officer of the campus or to his/her designee who is responsible for determining whether there is probable cause to believe that the discrimination or harassment occurred with respect for each allegation in the complaint. The CEO or designee will also make recommendations for corrective action that may include trainings, or any other measure, including disciplinary action. Within 90 days of receiving the complaint the District shall complete its investigation and forward to the complainant(s) and respondent(s) a copy or summary of the investigation report and a written notice setting forth the determination of the of the Chief Executive Officer or his/her designee as to whether there is probable cause to believe that discrimination/ harassment occurred with respect to each allegation in the complaint. This notice will also contain a description of actions taken, if any, to prevent similar problems from occurring in the future and the proposed resolution of the complaint.
Please be aware that in some cases the investigation may require longer than 90 days. (Examples of such a need for an extension include cases over winter break or summer vacations when witnesses may be unavailable for interviews or illness or injuries of witnesses that prevent completion of the investigation.) The District in these situations will request an extension of time to complete the investigation from the California Community Colleges Chancellor's Office.
Reporting parties may also file criminal complaints with the SJECCD Police Department. Please call the police station at 408-270-6468 or go to their offices to file a complaint.