Does a complaint remain confidential?
Reports made to licensed counselors employed by SJECCD to provide personal counseling and health services professionals will be kept confidential.
All other reports are considered private. The privacy of all parties to a complaint of sexual misconduct will be maintained, except insofar as it interferes with the college's obligation to fully investigate allegations of sexual misconduct. Where information is shared, it will still be tightly controlled on a need-to-know basis. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted.
In all complaints of sexual misconduct, the accusing party will be informed of the outcome. In some instances, the administration also may choose to make a brief announcement of the nature of the violation and the action taken, to the community, though personally identifying information about the victim will not be shared.
Certain college administrators are informed privately (e.g., the president of the college, Vice President of Student Affairs & Services, Title IX coordinator, police chief, etc.) of the outcome and any change to a student's status, as necessary.
The college must statistically report the occurrence on campus of any of seven major violent crimes, including certain sex offenses, and hate crimes in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.
Will my parents/guardians be told?
No, not unless you tell them. Whether you are the accusing party or the responding party, the college's primary relationship is to the student and not to the parent/guardian; however, in the event of major medical issues or academic jeopardy, students are strongly encouraged to inform their parents.
College officials may directly inform parents when requested to do so by a student, or in a life-threatening situation, if the student is a minor, or if the student has signed the permission authorization at registration that allows such communication.
Do I have to name the alleged perpetrator?
Yes, if you want formal conduct action to be taken against the alleged perpetrator.
However, you may choose to make a report and not proceed with a formal complaint. The Title IX Coordinator or his/her designee will assist you in providing resources or interim measures or in giving you information about community resources that may assist you.
What should I do if I am accused of sexual misconduct?
First, do not contact the alleged victim. You may immediately want to contact someone in the campus community who can act as your adviser. You may also contact the Title IX Coordinator who can explain the District's procedures for dealing with sexual misconduct complaints. You may also want to talk to a confidential counselor in Health Services.
What should i do about legal advice?Attorneys are not necessary for either the reporting party or the responding party to pursue an internal formal complaint with the District. Both parties are permitted to have a representative/advocate with them during the administrative investigation to assist them with the process, however, this individual does not need to be an attorney. The only exception to an individual serving as a reporting or responding party's representative/advocate, is that that individual may not also be a potential witness or another respondent/ reporting party in the administrative investigation.Reporting parties who choose to file a criminal complaint with the police do not need to retain a private attorney to seek prosecution because these legal issues will be handled through a representative of the District Attorney's office. If you choose to pursue civil litigation, you may wish to consult a private attorney. If you are the responding party, you may wish to retain an attorney if the reporting party files a criminal or civil action.
How can the District/college help to remedy the effects of discrimination?
Accommodations available to you might include:
Will a student be sanctioned when reporting an act of sexual misconduct if the student had illegally used drugs or alcohol?
No. The District/college offers amnesty in such situations. The seriousness of sexual misconduct is a major concern and the college does not want any of the circumstances (e.g.., drug or alcohol use) to inhibit the reporting of sexual misconduct.
What should I do if i am uncertain about what happened?
If you believe that you have experienced non-consensual sexual contact, but are unsure of whether it was a violation of the college's sexual misconduct policy, you should contact the Title IX Coordinator. The college also provides counselors who can help you to define and clarify the event(s), and advise you of your options.