In
compliance with the Student Right-to-Know, Campus Security Act of 1990
(Public Law 101-542), it is the policy of the SJECCD and San Jose City
College to make the following information available:
In
compliance with the Student-Right-to-Know and Campus Security Act of
1990 (Public Law 101-542), it is the policy of our college district to
make available its completion and transfer rates to all current and
prospective students. Beginning in Fall 2010, a cohort of all
certificate-, degree-, and transfer-seeking first-time, full-time
students were tracked over a three-year period. Their completion rate
was 22.39% and transfer rate was 19.31%. These rates do not represent
the success rates of the entire student population at the College nor do
they account for student outcomes occurring after this three-year
tracking period.
Based upon the cohort defined above, a Completer
is a student who attained a certificate or degree or became 'transfer
prepared' during a three-year period, from Fall 2010 to Spring 2013.
Students who have completed 60 transferable units with a GPA of 2.0 or
better are considered 'transfer-prepared'. Students who transferred to
another post-secondary institution, prior to attaining a degree,
certificate, or becoming 'transfer-prepared' during a five-semester
period, from Spring 2011 to Spring 2013, are transfer students.
Annual
reports of criminal activity on campus and procedures for prevention
of campus crime, as required by the Crime Awareness and Campus Security
Act of 1991. This information is available, on request, from the campus
Police Services Office or the SJECCD website at http://www.sjeccd.edu/district-services/district-police/the-jeanne-clery-act.
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.
Athletics.
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.
The San Jose City College
Title IX Coordinator is Roland Montemayor Vice-President of Student Affairs (VPSA). Mr. Montemayor can be reached at
408-288-3146.
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.
Campus Sexual Assault Victim Bill of Rights
Victims of sexual assault will have the right to:
Reasonable changes to 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).
Major Terms Defined
- 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;
"Consent is shared permission for sexual activity. For consent to be considered effective, it must be knowing and voluntary. Effective consent to engage in sexual activity must exist from the beginning to the end of each instance of sexual activity and for each form of sexual contact. Effective consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity. Consent may
not be given if a person is incapacitated or under duress, and
non-communication does not indicate consent." (Guilford College, Sexual
Assault Information)
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).
- Domestic Violence/Family 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 consider 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.
Stalking means
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.
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
- Title IX Coordinator
- deans, and
- professors
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 and San Jose City College in
particular, is 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
claims.
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 crime to our District/Campus police?
Campus
police will write a report and inform the proper on-and off-campus
authorities, including Human Resources especially in cases of sexual
assault;
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 San Jose-Evergreen Community College District police at 408 270-6468;
When asked for your name if you want to remain anonymous, identify the call as a SaVe Act call.
The
police will investigate this and they will cooperate with the local
police, District attorney, and other appropriate agencies;
If
you are a current San Jose City College student, the police will report
it to the Vice President of Student Affairs (VPSA). If another student
is involved, the VPSA will follow appropriate disciplinary procedures;
if it involves a staff member or faculty, Human Resources will handle
the case;
VPSA or Director of Student Development will
need to meet with you and obtain your statement. VPSA will work with the
District Police to investigate the reported crime;
VPSA 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 Student Health Center professional staff
The Student Health Center staff will follow up and ask to meet with you
If I do not report to the District Police, to whom do I report a complaint?
Complaints
of sexual discrimination, misconduct or harassment should be filed with
SJCC's Title IX Coordinator, Mr. Roland Montemayor. Mr. Montemayor's office is in the Student Center, room
SC-216. You can also call 408-288-3146.
If
you have been raped or sexually assaulted or are in immediate danger,
call 911 and/or Campus Police immediately at 408-270-6468.
Any
member of the Title IX team can assist you in completing the
appropriate complaint forms which can be found on the San Jose City
College website at: Maxient Report
Title
IX
Coordinator Mr. Roland Montemayor408-288-3146
Director for Student Development &
ActivitiesBlake Balajadia 408-288-3160
Dean, Kinesiology
& Athletics Lamel Harris408-288-3730
Athletic/Puente
CounselorVeronica Harris 408-288-3798
Student Health Center Coordinator
Health center
professionals
408-288-3724
International Student
Coordinator/Counselor Doriann Tran 408-288-3751
Student Accessibility Services (SAS) Program Counselor Mary Denham408-288-3746
Dean,
Counseling & Student
Success Eliazer Ayala-Austin408-288-3137
Director, Financial AidTakeo Kubo408-288-3733
- SJECCD Police Department 408-270-6468