Campus Safety Information and Disclosures

• This means Sexual Violence Elimination (SaVE) and is about violence against women;
• It expands the 1992 sexual violence reporting and policy;
• Became law March 2013, the Campus SaVE Act has four central components:
  1. Identify the institution’s Campus Security Authority personnel
  2. Create a Campus Sexual Assault Victim Bill of Rights;
  3. Expand sexual crime reporting on campus;
  4. Ensure the college has standard operating procedures for handling incidents of sexual violence.

• The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (commonly referred to as the “Clery Act”), named after a 19-year old freshman at Lehigh University;
• Jeanne Clery was raped and murdered April 5, 1986 in her residence hall;
• Perpetrator another student she did not know;
• Death led to national awareness of campus crime Federal Jeanne Clery Act.

• Annual Security Report;
• Statements of policy;
• Campus crime statistics;
• Campus Sexual Assault Victim Bill of Rights
• SaVE Act Statistics;
• Ongoing Disclosures;
• Emergency notifications;
• Timely warnings;
• Public Crime Log;
  
  The U.S Department of Education enforces the Clery Act.
  

• Reasonable changes to the academic and living situations;
• Referrals to counseling, assistance in notifying law enforcement;
• Same opportunity as accused to have others present at disciplinary hearing;
• Unconditional notification of outcomes of hearing, sanctions and terms of sanctions in place;
• Opportunities and assistance to speak (or choose not to speak) to anyone regarding the outcome;
• Name and identifying information kept confidential (FERPA).

• The SaVE Act adds the following offenses to the list of criminal offense for which statistics must be reported:
  • Domestic violence
  • Dating violence
  • Sexual assault
  • Stalking
• A student or employee who reports to an institution of higher education that she/he has been a victim of these crimes, whether it has occurred on or off-campus, shall be provided with a written explanation of his or her rights and options.

• The District Police;
• The Vice President of Student Services;
• The Vice Chancellor of Human Resources located at the WVMCCD Human Resources Office;
• The Director of Student Development;
• Faculty or staff advisors to the ASO (Associated Student Organization) & authorized clubs;
• Your Coaches and/or the Athletic Director.

• We want to make sure your privacy and rights are protected so it is important to know who cannot serve as a “Campus Security Authority”:
  • A faculty member who does not have responsibility for a student or campus activity beyond the classroom;
  • Support staff;
  • Cafeteria staff;
  • Custodial or maintenance staff.
    Note: When in doubt, ask a counselor to direct you to the right person.

• Consent
• Sexual Assault
• Domestic Violence
• Dating Violence
• Stalking

• Consent is an act of reason and deliberation;
• A person who has sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another;
• Consent assumes that a person has the physical power to act and can reflect, and be  unencumbered in exerting these powers;
• To be consensual, there must be ". . . positive cooperation" and "the person must act freely and voluntarily . . ." (See California Penal Code, 261.6 for complete definition).

• Sexual assault means conduct in violation of one or more of the following California penal code sections: 
  • Section 261—rape;
  • Section 261.5—statutory rape; 264.1—rape in concert;
  • Section 285—incest;
  • Section 286—sodomy;
  • Subdivision c of section 288—lewd or lascivious acts upon a child; 288a—oral copulation; 289—sexual penetration; or 647.6—child molestation.

• Domestic violence means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, "cohabitant" means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to:
  
  
  1. Sexual relations between the parties while sharing the same living quarters;
  2. Sharing of income or expenses;
  3. Joint use or ownership of property;
  4. Whether the parties hold themselves out as husband and Wife;
  5. The continuity of the relationship, and (6) the length of the relationship.
     (For complete information see California Penal Code Section 13700)

• Dating violence includes any abuse, mistreatment, or sexual contact without consent at any stage of a dating relationship.
• For resources and references please refer to the following:
• Title 4 Protective Orders and Family Violence Code
• A Guide to Confidentiality and Reporting Laws in California

• Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, of his or her immediate family.
• The Elements of Stalking:
  • A person willfully, maliciously, and repeatedly followed or harassed another person;
  • That person following or harassing made a credible threat;
  • The person who made the threat did so with the specific intent to place the other person in reasonable fear for his or her safety or the safety of the immediate family of such person(s).
  • For more info see California Penal Code 646.9

• Campus police will write a report and inform the proper on-and off-campus authorities, including Human Resources especially in cases of sexual assault;
• The police will investigate this and they will cooperate with the local police, District attorney, and other appropriate agencies;
• If you are a current student at West Valley, the police will report it to the Vice President of Student Services (VPSS). If another student is involved, the VPSS will follow appropriate disciplinary procedures; if it involves a staff member or faculty, Human Resources will handle the case;
• VPSS or Director of Student Development will need to meet with you and obtain your statement. VPSS will work with the District Police to investigate the reported crime;
• VPSS or Director of Student Development will provide you information about appropriate support services and resources;
• You will be highly encouraged to reach out to the College’s Health Services professional staff;
• The HS staff will follow up and ask to meet with you.

• You have the right to know that your case will be handled appropriately. This means other off –and on-campus authorities may be involved;
• The District/college is required to ensure that disciplinary procedures for such cases must clearly state that the proceedings will:
  • “Be conducted by officials who receive annual training on the issues related to”:
  • The four types of cases: domestic violence, dating violence, sexual assault, stalking;
  • How to conduct an investigation “that protects the safety of victims and promotes accountability”;
  • How to conduct a hearing process “that protects the safety of victims and promotes accountability.”

• Primary prevention and awareness programs for all incoming students and new employees, which shall include the applicable jurisdiction’s “definition of consent in reference to sexual activity.”

• • Safe and positive options for “bystander intervention” targeted to “prevent harm or intervene” in cases of domestic violence, dating violence, sexual assault or stalking;

  • Information on “risk reduction” to recognize warning signs of abusive behavior and how to avoid potential attacks.

• As an institution of Higher Education, West Valley College must engage in “ongoing prevention and awareness campaigns for students and faculty” pertaining to:
  • Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking;
  • Provide resources and referrals to on and off-campus services.

• If you have experienced any of these crimes or have witnessed any of these crimes on campus, you may remain anonymous when reporting;
• Call 911 or call the West Valley-Mission Community College District police at 408 741-2092;
• When asked for your name, if you want to remain anonymous, identify the call as a SaVe Act call.
• Complete the Student of Concern Incident Report

• Do you know and trust the person before entering in a dating relationship?
• Are you extra cautious when meeting people on-line?
• When you go out, do you make a habit of telling your friends, parents or someone you trust where you are going, with whom and when you expect to be back?
• Do you know your limits and express them?
• Do you avoid drugs and alcohol?
• Do you know and understand the characteristics of a healthy relationship?
• Do you know where to go for on campus support and assistance?

Because the College takes sexual harassment and sexual violence seriously, employees are required to report all incidents of sexual harassment and sexual violence. Situations that are related to or affect students, should be reported immediately to the Vice President of Student Services who will work directly with the Vice Chancellor of Human Resources. Situations that are related to or affect employees, should be directed to the Human Resources. Whenever possible, follow the protocol described in “Report a Complaint” section. It is also important to seek available resources and speak with professionals who may provide assistance and referrals.

All West Valley College students may utilize the services available on campus. Personal and mental health counseling is free to all registered West Valley College students. If you want to speak with someone at the College about an incident of sexual harassment or sexual violence but you don’t want to report the incident at that time, you can speak confidentially with our staff in the Health Services or the Counseling Center. The professional staff at Health Services and Counseling are confidential and well trained to provide you guidance and referrals. It is very likely they will encourage you to file a report, but their most important role is to listen and provide support.

• Student Health Services: (408) 741-2027
• Counseling Center: (408) 741-2009

We all can make a difference in stopping sexual violence. Most sexual assaults and rape are committed by someone the victim knows, not by a stranger, and many involve situations where drinking and drug use is occurring. Here are some important tips to remember:

1. Talk to your friends honestly and openly about sexual assault.
2. Don’t just be a bystander. If you see something, intervene in any way you can
3. Trust your gut. If something looks like it might be a bad situation, it probably is.
4. Be direct. Ask someone who looks like they may need help if they are okay.
5. Get someone to help you if you see something—like a friend, a bartender, or host to help step in.
6. Keep an eye on someone who has had too much to drink.
7. If you see someone who is too intoxicated to consent, enlist their friends to help them leave safely.
8. Recognize the potential danger of someone who talks about planning to target another person at a party.
9. Be aware if someone is deliberately trying to intoxicate, isolate, or corner someone else.
10. Get in the way by creating a distraction, drawing attention to the situation, or separating them.
11. Understand that if someone does not or cannot consent to sex, it’s rape.
12. Never blame the victim.

The college also has information regarding the Campus SaVE Act. For more info about what you can do to understand the law and protect yourself, please visit the Student Right Know: Campus SaVE Act

To join thousands of people across the country in signing a pledge to end sexual violence, go to https://www.itsonus.org/.

To learn more about what you can do, check out the following resources:

• Circle of 6: A Free App to Keep You Safe
• Step Up: Sexual Assault Bystander Intervention: More Strategies to Stop Sexual Violence
• That’s Not Cool: Dealing with Sexual Harassment in a Mobile World
• Know Your IX: Information on Title IX

If you have additional questions, please contact the Vice President of Student Services at (408) 741-2119 and/or the Vice Chancellor of Human Resources/District Title IX Coordinator at: (408) 741-2060.

Attend Training

West Valley College employees and students have many opportunities to attend trainings sponsored by Health Services, often in collaboration with other programs in Student Services. A suite of online simulation training is also available to faculty, staff, and students. Information about Kognito training is available.

The District also provides training opportunities for faculty, staff, and administrators on a variety of important topics such as sexual harassment and preventing a hostile work environment. The training courses are online for convenience. Information about training opportunities are regularly sent to all employees. For more information about training, contact Human Resources.

Be Open and Supportive

When faculty or staff learn about a sexual harassment or sexual violence complaint, the best approach is to listen and then report the complaint as described in the "Report a Complaint" section above. Faculty and staff do not have to decide who is right or wrong or try to fix the issue. Instead, they are critical in maintaining an environment in which students and employees feel safe to share concerns and to report complaints in order to maintain a safe environment.

Protection From Retaliation

All employees who participate as witnesses or advocates in a sexual harassment or sexual violence investigation are protected from retaliation. West Valley College is committed to stopping sexual harassment and sexual assault. Any acts taken against those who report or take a stand against these violations will not be tolerated. If you become aware of an act of retaliation in any form, please contact the WVM District Vice Chancellor of Human Resources/Title IX Coordinator immediately at (408) 741-2060 or contact the appropriate senior administrator (Deans, the Vice President of Instruction or the Vice President of Student Services).