Reporting Sexual Misconduct, Discrimination, Harassment, and Retaliation

Please also refer to the Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation and the Policy Prohibiting Sexual Misconduct within the handbook.

In this section, the person reporting the conduct is referred to as the “complainant.” The student alleged to be responsible for the conduct is referred to as the “respondent.”

How to Report

CCA responds to all reports of unlawful discrimination, harassment, retaliation, and sexual misconduct. The college encourages students, faculty, administrators, and staff who experience, know of, or suspect such conduct to promptly contact an intake officer (the Title IX Coordinator is also an option in the case of sexual misconduct) to maximize the college’s opportunity to investigate, stop, or remedy prohibited conduct and/or prevent its recurrence. Those who seek advice about whether reporting is necessary can provide a “Jane Doe” (nonidentifying) account to an intake officer or Title IX administrator, who will advise about next steps.

• Kayoko Wakamatsu, Associate Vice President for Student Affairs
  Harassment Intake Officer / Title IX Designee for Students
  Receives and responds to reports and complaints by/about students.
  kwakamatsu@cca.edu, 510.594.3673, Irwin 216 (Oakland campus)

Where appropriate, the Harassment Intake Officer will refer students to the Section 504/Title II Coordinator for students, Director of Access & Wellness Suzanne Raffeld.

• Sharyn Schneider, Associate Vice President of Human Resources
  Harassment Intake Officer / Title IX Designee for Staff and Faculty
  Receives and responds to reports and complaints by/about faculty or staff.
  sschneider@cca.edu, 510.594.3706 or 415.551.9267, Irwin 20 (Oakland campus) or 80 Carolina 234 (San Francisco Campus)

• Lisa Stoneman, Director of Academic Administration
  Interim Title IX Advisor for Faculty/Academic Affairs (pending appointment of Associate Provost)
  Provides additional guidance for faculty; collaborates with other officers in reports involving faculty or that require adjustments of student class schedules.
  lstoneman@cca.edu, 510.594.5034, Macky 3rd floor (Oakland campus)

• Jennifer Stein, Vice President for Operations
  Title IX Coordinator
  Provides general oversight for Title IX compliance (policies, reporting, training, etc.).
  jstein@cca.edu, 415.551.9313, 80 Carolina 239 (San Francisco campus)

For students, the primary contact is the associate vice president for student affairs. The associate vice president receives reports, speaks to confidentiality/privacy and what can/cannot be done if students request confidentiality, identifies options including formal and informal complaint procedures, determines if a full investigation is warranted, and makes referrals to other sources of support.

Students can opt to make a formal or informal complaint. A formal complaint is one that immediately leads to a filing of charges; a full investigation; a formal determination of whether or not a student is responsible for misconduct, discrimination, harassment, or retaliation; and possible disciplinary action. An informal complaint does not immediately initiate this process and can instead take one of several forms: an FYI report so that the college is aware of incidents or circumstances for which the complainant is not seeking specific remedy; a report that can lead to some remedies for the complainant without the involvement of the respondent (e.g., change in housing or work environment, etc.); or a report that can lead to remedies that involve the respondent (a warning conversation, no-contact agreement, etc.) but that does not include formal charges.

If the complainant seeks remedies that involve the respondent, the associate vice president for student affairs identifies an investigator to meet with the individuals involved jointly or separately and to seek a resolution without initiating the conduct process, provided that the college concludes such resolution is likely to provide prompt and effective corrective action. Note: this meeting is not a conduct-related meeting as defined under the Student Code of Conduct as charges have not been filed. Note also: meeting jointly for an informal resolution is not an option for some types of sexual misconduct, including nonconsensual sexual intercourse, or in other types of reports where issues of safety or health exist, but meeting separately with the investigator may be an option.

All efforts at an informal resolution will be made within thirty days of receipt of the complaint. If, in the college’s judgment, an acceptable resolution is not reached, or is not likely to be reached, within thirty days or in a manner necessary to satisfy the interests of the college, the complainant may determine to pursue the matter as a formal complaint, or the college may take immediate action it deems necessary to effect prompt and effective corrective action.

To file a formal complaint, the complainant should include details of the incident or incidents, the name of the person alleged to have engaged in the conduct complained of, the names of any witnesses, and any relevant documents. The associate vice president for student affairs will forward this information to the investigator(s) assigned to the complaint and help identify advisors for both complainant and respondent, as needed. Further information about the investigation, hearing, sanctioning, and appeal process is provided under the Student Code of Conduct.

Additional Actions in the Case of Nonconsensual Sexual Intercourse

CCA encourages victims of nonconsensual sexual intercourse to seek medical attention. Hospitals can provide treatment for any injuries, medication for STIs, and contraception if desired. They are also prepared to collect evidence, but the examination must be conducted within 72 hours of the incident to maximize the potential for a successful prosecution. Although the victim is not required to report, the hospital is required by law to report an incident of sexual assault to the police.

When going to the hospital following an incident of nonconsensual sexual intercourse, it helps not to be alone. Students who would like assistance are encouraged to contact the director of access and wellness or the director or assistant director of residential life, who will help the student to obtain medical care or crisis counseling if necessary (the associate vice president for student affairs is also available but may be obliged to respond to the incident as the Title IX designee for students). The student will be informed of the option to notify proper law enforcement authorities and will be offered assistance in doing so. S/he will also be notified of the availability of confidential counseling through CCA’s Counseling Services and of off-campus sexual assault counseling and community resources.

Intermediary Steps

At the discretion of the associate vice president for student affairs or other Harassment Intake / Title IX officers, intermediary steps may be taken to address the immediate impact of possible violations, pending a full investigation. These may include adjusting the class schedule, residence, employment, or other activities of the complainant or the respondent. Where possible, the impact of such adjustments on the complainant will be minimized. Intermediary steps may also include a no-contact order for both parties.

Temporary Suspension

The college may administratively take action affecting, on a temporary basis, a student’s attendance or eligibility to be on campus if there is a possibility of a threat to the safety of a person or persons in the campus community. A temporary suspension may endure through the initial investigation or may be extended through the completion of the conduct process. Such actions must be approved by the associate vice president for student affairs or the vice president for student affairs and will not be considered a disciplinary action unless a further decision by the hearing board renders it as such.

Confidentiality

The college recognizes the sensitive nature of complaints, both for the complainant and the respondent. Reasonable effort will be made to maintain the confidentiality of the identity of the complainant, if requested. However, complainants should be aware that the ability to address and remedy an incident can be limited if confidentiality of the identity of the complainant is requested: information may need to be disclosed on a need-to-know basis to complete an investigation, to take immediate steps to stop prohibited conduct, to address a larger hostile environment concern, and to protect the safety of the complainant or the larger community from an immediate threat.

Complainants should also be advised that complaint reports will be shared as needed with other campus Harassment / Title IX officials or college staff. Harassment / Title IX officers, college staff, and hearing board members shall not disclose any information relating to any complaint to anyone who does not have a legitimate need to know in order to implement this policy. Violating these guidelines regarding confidentiality will subject those responsible to disciplinary action. Please note that the Clery Act requires that the campus report (without names or details) statistics about misconduct that rise to the level of criminal activity, including sexual assault.

Students who wish to talk in a truly confidential setting about sexual misconduct, unlawful harassment, discrimination, or retaliation are encouraged to contact Counseling Services. Counseling staff maintains the highest level of confidentiality on campus, and while they do not share the reporting requirements outlined above, they also cannot directly address or remedy possible violations of policy.

Amnesty

To prevent incidents in which students avoid seeking necessary help for themselves or others, CCA has adopted the following Amnesty Policy:

If a student seeks medical attention or staff assistance due to a violation of the discrimination, harassment and retaliation, or sexual misconduct policies (especially nonconsensual sexual contact or nonconsensual sexual intercourse) that was experienced under the influence of alcohol or drugs, the college will not pursue conduct actions against him/her for violations of alcohol and/or drug policies. Additionally, those students who assist in obtaining medical attention or staff assistance for someone due to a violation of these policies that was experienced under the influence of alcohol or drugs, or who cooperate with a related investigation or hearing, will not receive student conduct sanctions for violations of the alcohol and/or drug policies.

The Amnesty Policy does not preclude student conduct sanctions due to any other violations of the Student Code of Conduct unrelated to substance use.

Investigation Timelines & Guidelines

In order to provide a prompt and equitable resolution of complaints, CCA expects all phases of investigation, hearing, sanctioning, and appeal to be completed within sixty days of receiving a report that an incident has occurred, barring exceptional circumstances, about which both complainant and respondent will be kept apprised.

If a complaint results in formal charges and the initiation of the conduct process, both complainant and respondent will have access to advisors who can inform them about processes, help protect their rights, provide support and referrals, and otherwise be of assistance. The goal of the conduct process is to determine if it is more likely than not that a respondent is responsible for violating the discrimination, harassment and retaliation, or sexual misconduct policies; per the Department of Education, CCA follows the “preponderance of the evidence” or “more likely than not” standard in its hearings. Both parties will be kept generally apprised of the progress of the investigation and hearing as well as resulting outcomes. Further information about the investigation, hearing, sanctioning, and appeal process is provided under the Student Code of Conduct.

Sanction Statement

Any student found “responsible” for violating the Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation and the Policy Prohibiting Sexual Misconduct will likely receive the following sanctions, depending on the severity of the incident, and taking into account any previous violations of these policies or the Student Code of Conduct:

• For Discrimination, Unlawful Harassment, or Retaliation: warning to dismissal
• For Sexual Harassment or Sexual Exploitation: warning to dismissal
• For Nonconsensual Sexual Contact (without intercourse): probation to dismissal
• For Nonconsensual Sexual Intercourse: suspension to dismissal

The hearing body reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. Neither the initial hearing officers nor any appeals body or officer will deviate from the range of recommended sanctions unless compelling justification exists to do so.

Possible sanctions for employees found in violation of the Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation and the Policy Prohibiting Sexual Misconduct range up to and include discharge from the college.

A victim of sexual misconduct, discrimination, unlawful harassment, or retaliation always has legal recourse outside of the campus disciplinary system without the necessity of exhausting the administrative remedies described above. If civil or criminal proceedings are filed, the college reserves the right to conduct its own investigation and disciplinary proceeding.

Time Limits

There is no time limit to report sexual misconduct, discrimination, harassment, or retaliation; students are encouraged to seek support and make informed decisions about reporting possible violations. Delay can make investigation difficult, but reporting is encouraged even if late so that the college can take action. Students who experience nonconsensual sexual assault but opt not to report it are encouraged to document their experience as much as possible anyway to aid in any future investigations.

Additional Complaint Mechanisms

Students may alternatively file a complaint with the federal Office for Civil Rights (OCR):

Office for Civil Rights,
San Francisco Office
U.S. Department of Education
50 Beale Street, Suite 7200
San Francisco CA 94105-1813
OCR.SanFrancisco@ed.gov, 415.486.5555, 415.486.5570 (fax), 877.521.2172 (TDD)

For information about filing a complaint, please refer to:

OCR Customer Service Team: 1.800.421.3481
How to File
Complaint Introduction