CONFIDENTIAL & MANDATING REPORTING
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.
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.
