Student Sexual Misconduct Policy

Student Sexual Misconduct Policy for the Protection of All CCA Students
 

Important Title IX Update:

 

I. Message from the Office of Student Affairs for All Incoming and Returning Students

The Office of Student Affairs seeks to foster a culture in which students are the makers of their own learning experience. The Office of Student Affairs works in collaboration with students to sustain a welcoming and diverse community. CCA wants its students to be and feel safe and welcome, especially in their campus educational and residential surroundings.

To help achieve this goal, the College has developed these policies and programs that are designed to help protect all students from experiencing any form of sexual misconduct. These policies also explain how the College will handle reports of sexual misconduct that become known to the College. This is not only the law, but it is important to the goal of CCA to sustaining a welcoming and diverse community.

CCA encourages all students to read this very important policy. In addition, CCA encourages all students who have questions about this policy, or who wish to report a matter under this policy, to ask for a personal meeting with one of the designated “Intake Officers” as described below in this policy. These designated persons are there to help students be supported if they feel themselves to be victims of any form of sexual misconduct, or if they are ever called on to participate in any manner of the procedures of this policy and would like help in navigating through these policies.

Please also understand that the policy of universities and colleges must be written to conform to very important federal and state laws and the policies themselves may seem to be overly formal. The Office of Student Affairs can help students navigate through the policy and also has electronic and paper flyers and other resources to help students.

II. Overview as to How this Policy Works 

CCA is committed to maintaining its campus and programs free from all forms of sexual misconduct. This particular policy is geared most directly to the protection and safety of students.

By this Policy, all forms of sexual misconduct, including sexual and gender-related: violence, assault, harassment, domestic violence, dating violence, and stalking are prohibited and will be promptly responded to with disciplinary or other corrective action measures that are appropriate.

This policy also explains the procedures of CCA that allow for fact-finding for those students who find themselves to be victims of sexual misconduct and to provide ways in which the College supports and protects its students.

This Policy applies to misconduct whether it occurs on CCA property or anywhere else that has a connection to sponsored events or programs involving the College. Off-campus conduct that the College thinks can interfere with students having a safe or welcoming experience or education at the College, or that poses a threat or danger to the CCA community, is still within the College’s oversight for the protection of our students and any incidents should be brought to our attention.

Notice of Nondiscrimination: This particular policy concerns matters involving sexual misconduct. However, please know that CCA’s other policies in the Student Handbook prohibit other kinds of misconduct inflicted against students. CCA does not permit discrimination or harassment in its programs and activities on the basis of race, color, national origin, ancestry, sex, gender, gender identification or expression, sexual orientation, disability, age, religion, medical condition, veteran status, marital status or any other characteristic protected under law.

Incident(s) that involve one of these other kinds of misconduct will be handled under the CCA Student Code of Conduct Process.

Incident(s) of sexual misconduct that also involve conduct that may constitute one of these other kinds of misconduct will be handled under this Policy.

For information related to academic misconduct, or other misconduct that is not sexual misconduct, please refer to the applicable sections of the student handbook for your program.

Getting Help: CCA encourages all members of the CCA community who believe they have been victims of sexual misconduct to report these incidents to local law enforcement authorities and to seek medical attention as needed.

• For Emergencies call: 9-1-1

• City of San Francisco Police Department: Emergency: 415.553.8090

• San Francisco Women Against Rape 24-hour helpline: 415.647.RAPE (7273)

• San Francisco General Hospital and Trauma Center: 24-hour Rape Treatment Center: 1001 Potrero Avenue, San Francisco, 415.206.8000

• City of Oakland Police Department Emergency: 510.777.3211

• City of Oakland Sexual Assault Hotline: 510.637.0298

• Alameda County Medical Center, Highland Hospital Sexual Assault Center, 1411 E. 31st Street, Oakland provides 24-hour assistance, including medical treatment and examination, advocacy and counseling support for victims of sexual assault. Website. Telephone: 510.437.4688.

• Bay Area Women Against Rape 24-hour hotline: 510.845.7273

• National Domestic Violence hotline: 800.799.SAFE (7233)

• La Casa de La Madres: 24-hour crisis support hotline: For adults: 877.503.1850; for teens: 877.923.0700

• A Safe Place, Inc.: 24-hour crisis hotline: 510.536.7233 (SAFE)

• For additional resources, please see section XIII below.

• For additional reporting options, please see section V below.

If you are a student who believes that you or another student has experienced an incident of possible sexual misconduct at the “hands” of another student, faculty member, administrator, or in any other situation that is detrimentally affecting your experience as a student, please let us know right away. Please click here to report the incident, and/or refer to Section VI below for information on how to report incident(s) to the College.

As to faculty and employees of CCA who may have experienced sexual misconduct, or who may wish to report an incident of possible sexual misconduct against another person, prompt reporting is also very important. Please consult your faculty or employee handbooks for the relevant reporting policies and procedures that apply; and also contact the Title IX Coordinator and/or the Human Resources office for assistance. See below for their contact information.

III. Who are the College Administrators with Responsibility for this Policy?

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits harassment on the basis of sex (or gender, including sexual identity and sexual orientation) at educational institutions that receive federal financial assistance. Sexual misconduct is a form of illegal harassment. State law also makes sexual misconduct at colleges an illegal act.

The Title IX Coordinator is the person designated by CCA to oversee this Policy and to whom anyone with questions about this Policy can be referred.

The Title IX Coordinator at CCA is Leslie Gray, who is also the Associate Vice President, Human Resources. Ms. Gray can be reached by phone at 510.594.3700 and by email at T9@cca.edu.

CCA has also designated the following two Deputy Title IX Coordinators to help handle matters that involve students:

• Deputy Title IX Coordinator for Students: Kayoko Wakamatsu, Associate Vice President for Student Affairs, 510.594.3673 or by email at kwakamatsu@cca.edu
• Deputy Title IX Coordinator for Students: Jeannine Szamreta, Dean of Students, 415.703.9509 or by email at jszamreta@cca.edu

There also are designated Intake Officers at CCA for students to report any conduct believed to be or that is an actual or anticipated incident of sexual misconduct:

To be especially accessible for residential students:

• Monique Butler, Director of Residential Life: 510.594.3725 or by email at mbutler@cca.edu
• Virginia Webb, Assistant Director of Housing Administration & Operations: 510.594.3723 or by email at vwebb@cca.edu

To be especially accessible to graduate students:

• Noki Seekao, Director of Student Life: 415.703.9591 or by email at noki@cca.edu
• Courtney Chung, Assistant Director of Academic Housing: 510.594.3728 or by email at cchung@cca.edu
• Nicole Whitner, Senior Academic Advisor: 415.551.9231 or by email at nwhitner@cca.edu

To be especially accessible to all students:

• Keith Stiver, Director of Public Safety: 510.594.3723 or by email at kstiver@cca.edu

See Section V below for more information on how to report incident(s) of sexual misconduct to CCA.

IV. What Every Student Should Know About the Legal Definitions of Sexual Misconduct

CCA prohibits all forms of sexual misconduct, which includes sexual and gender-related violence of any form: assault, harassment, domestic violence, dating violence, and stalking. Each of these terms encompasses a broad range of behavior that the CCA forbids and that can subject perpetrators to serious consequences.

The following are among the forms of sexual misconduct that violate CCA policy and the associated definitions, which overlap in some areas:

1. Sexual Assault: Having or attempting to have sexual intercourse with another person:

• By force or threat of force;

• Without effective consent; or

• Where the person is incapacitated.

Sexual Assault includes, but is not limited to: rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these.

Sexual intercourse includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth to genital contact.

2. Nonconsensual Sexual Contact (or attempts to commit the same): Having or attempting to have sexual contact with another person:

• By force or threat of force;

• Without effective consent; or

• Where the person is incapacitated.

Sexual contact includes intentional contact with the intimate parts of another, causing another to touch one's intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth or any other part of the body that is touched in a sexual manner.

3. Sexual Exploitation: Occurs when one person takes nonconsensual or abusive sexual advantage of another person for one’s own advantage or benefit, or to the benefit or advantage of another person. Examples of sexual exploitation include:

• Causing or attempting to cause another person to become drunk, drugged or otherwise incapacitated with the intent of engaging in a sexual behavior;

• Recording, photographing or transmitting images of sexual activity and/or the intimate body parts (groin, genitalia, breasts or buttocks) of another person without their consent;

• Allowing third parties to observe sexual acts and voyeurism (spying on people who are engaging in sexual acts or who are doing other intimate activities such as undressing, showering, etc.);

• Exposing one’s genitals in nonconsensual circumstances or inducing someone to expose their genitals;

• Knowingly transmitting a sexually transmitted disease or virus to another person without his or her knowledge; or

• Sexually based stalking and/or bullying.

4. Domestic Violence: Violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

5. Dating Violence: Violence committed by a person –

(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(B) where the existence of such a relationship shall be determined based on a consideration of the following factors:

(i) The length of the relationship.

(ii) The type of relationship.

(iii) The frequency of interaction between the persons involved in the relationship.

6. Stalking: A course of physical or verbal contact directed at another person that would cause a reasonable person to -

(A) Fear for his or her safety or the safety of others; or

(B) Suffer substantial emotional distress.

7. Retaliation: Action which is taken against a person or group of persons because of the person’s or group of persons participation in a complaint or investigation of sexual misconduct, including but not limited to, Complainants, Respondents, witnesses, or others involved in the complaint, investigation and/or resolution of the alleged sexual misconduct. Retaliation can take many forms, including threats, intimidation, pressuring, continued abuse, violence or other forms of harm to others.

8. Sexual Harassment or Gender-Based Harassment is unwelcome, sexual or gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive to interfere with, deny or limit a person’s ability to participate in or benefit from CCA’s education program and/or activities. Sexual harassment has many forms. Sexual harassment is harmful regardless of gender of the perpetrator or the victim.

One form is quid pro quo or “this for that.” Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature constitutes sexual harassment when it is implicitly or explicitly suggested that submission to or rejection of the conduct results in adverse educational or employment action. An example is an academic advisor asking a student to have sex in exchange for keeping quiet about a student’s violation of the plagiarism policy.

Another form of sexual harassment involves hostile environment. It is sexual harassment when an individual receives unwelcome sexual advances, unwanted verbal, physical, or visual behavior of a sexual nature, or is made to feel uncomfortable because of their gender, gender identity or sexual orientation. Conduct that may constitute sexual or gender-based harassment may include one or more of the following:

• Physical conduct: unwanted touching, blocking normal movement, or interfering with studies or work;

• Verbal conduct: epithets, derogatory comments, slurs, or humor of a sexual nature;

• Visual conduct: leering, making sexual gestures, displaying suggestive objects or pictures, cartoon posters in a public space or forum;

• Written conduct: letters, notes, or electronic communications containing comments, words or images as described above.

9. Special Policy That Protects Students (No Close Personal Relationships with Teachers, Mentors or Supervisors) Faculty and other employees of CCA are not allowed to participate in a close personal relationship with a student for whom that employee provides -- or might (by virtue of CCA assigned position or functions) in the future-provide teaching, mentoring or supervision. (Note: Only when explicit and advanced authorization has been obtained in writing from the Executive Vice President or from the Provost, can this kind of relationship with a student take place. This policy is for the protection of students.)

Close personal relationships include dating, sexual and similar close personal relationships that are or are not consensually undertaken by the supervisor and the student. Such relationships do not include the usual and customary socializing at CCA of teacher-student; mentor-mentee; supervisor-employee; faculty member-graduate student; coworkers; and supervisor-student employee. A person provides supervision when s/he oversees, directs or evaluates the work of others.

The following are additional definitions used under this Policy as defined by law:

1. Consent means “affirmative consent,” which means affirmative, conscious, and voluntary agreement to engage in sexual activity.

This means that consent must be given without coercion, force, threats, or intimidation.

It also means that consent cannot be given when a person is deemed to be incapacitated. Being intoxicated by drugs or alcohol does not diminish one’s responsibility to obtain consent. The factors to be considered when determining whether consent was given include whether a person knew or should have reasonably known that the other person was incapacitated.

A person cannot freely give consent if they are:

(A) asleep or unconscious;

(B) incapacitated due to the influence of drugs, alcohol, or medication, such that they cannot understand the fact, nature, or extent of the sexual activity; or

(C) unable to communicate due to a mental or physical condition.

It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

2. Coercion is a form of force that comprises unreasonable pressure for sexual activity. When someone makes clear that they do not want to participate in a sexual activity, that they want to stop, or that their limit is at a certain point, continued pressure to act beyond that point can be coercive.

3. Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Other forms of force include intimidation (implied threats), threats and coercion that overcome resistance or produce consent. For example, “Have sex with me or I’ll hit you.” “Okay, don’t hit me; I’ll do what you want.”

4. Incapacitation is a state where a person cannot make an informed and rational decision to engage in sexual activity because the person lacks conscious knowledge of the nature of the act (i.e., to understand the who, what, when, where, why or how of the sexual interaction) and/or is physically helpless. A person is incapacitated, and therefore unable to give consent, if that person is asleep, unconscious, or otherwise unaware that sexual activity is occurring. Incapacitation may occur as the result of alcohol or drugs.

5. Complainant refers to the person who may identify as having experienced, or being a victim or survivor of possible sexual misconduct and who makes a report of sexual misconduct under this Policy. A Complainant can also be a person who reports self-knowledge of an incident of possible sexual misconduct but is not a victim, such as a CCA student, staff member, faculty, teacher, or administrator.

6. Respondent refers to the person whose conduct is at issue under this Policy. A Respondent may be a current or former student, staff member, faculty, teacher, administrator, visitor, alumni, contractor of CCA or any other person. A Respondent may be a stranger or a nonstranger person.

7. Witness refers to any person who either witnessed an incident or who has relevant information regarding a case that is being investigated under this Policy.

8. Advisor or Support Person is a person who provides emotional support to a Complainant or Respondent and who may be present in a nonparticipating role to provide moral support during any meeting or proceeding under this Policy. The advisor or support person may be a currently enrolled student, parent of the student, or a CCA faculty or staff member. Nonparticipating means that the advisor or support person is silent and does not speak or present information during the meeting or proceeding under this Policy. All persons involved in a proceeding might consider themselves as victims and CCA tries to provide meaningful support. [Attorneys are not permitted to participate in any Campus meeting or proceeding under this Policy, absent advance written consent of the Title IX Coordinator and agreement to terms.]

V. How Students Should Report Incidents of Sexual Misconduct

1. General Information: First and foremost: Student health and safety, and the protection from crimes, is essential. CCA encourages all individuals to seek assistance from a medical provider and/or law enforcement as soon as possible after an incident that may be sexual misconduct. Prompt reporting is the best option for safety and also to ensure the preservation of evidence and for the identification and location of witnesses.

CCA also encourages all students to make a report of the incident(s) to CCA and to do so to CCA’s designated officers as described below. Students should make reports of the incident(s) as soon as the incident(s) of sexual misconduct become known.

CCA will promptly review and thoroughly consider (including an investigation where needed) all reports of incidents that may be sexual misconduct under this Policy. CCA will take prompt action to prevent, correct and discipline behavior that is found to violate this Policy, where appropriate, in the judgment of CCA.

The filing of a report under this Policy is independent of any criminal investigation or proceeding that may take place by governmental authorities or law enforcement, and both CCA and criminal investigations may be pursued simultaneously.

2. Reporting Procedures: If you are a student who believes there has been an incident of possible sexual misconduct against a CCA student by another student, faculty or staff member, or visitor of CCA, or any other person, you should report such conduct as follows:

A. Emergency and Off-Campus Reporting Options:

• For Emergencies call: 9-1-1

• City of San Francisco Police Department: Emergency: 415.553.8090

• City of Oakland Police Department Emergency: 510.777.3211

• City of Oakland Sexual Assault Hotline: 510.637.0298

• San Francisco Women Against Rape 24-hour helpline: 415.647.RAPE (7273)

• Bay Area Women Against Rape 24-hour hotline: 510.845.7273

• National Domestic Violence hotline: 1.800.799.SAFE (7233)

• La Casa de La Madres: 24-hour crisis support hotline: For adults: 1.877.503.1850; for teens: 877.923.0700

• A Safe Place, Inc.: 24-hour crisis hotline: 510.536.7233(SAFE)

• Alameda County Medical Center, Highland Hospital Sexual Assault Center: 510.437.4688

• San Francisco General Hospital and Trauma Center: 24-hour Rape Treatment Center: 415.206.8000

Note: The Title IX Coordinator, Deputy Title IX Coordinators, and/or Intake Officers will assist students who wish to make a report to law enforcement authorities in doing so if the student so chooses. Students may also chose to decline to notify law enforcement authorities; however, as explained in Section G below, CCA may be required by law to report incidents that involve violence, hate violence, and/or sexual assault, to law enforcement authorities, including those incidents that occur on-campus and off-campus. Except if required by governmental agencies, CCA will not disclose a victim’s identity unless the victim consents to being identified after being informed of his or her right to have identifying information withheld. If a victim does not consent to disclosing his or her identity, the alleged perpetrator’s identity will not be disclosed either, unless required by governmental authorities.

In any case, under state and federal law, a victim has:(1) the right to a Sexual Assault Forensic Medical Examination at no cost to the victim/patient; and (2) the right to participate or not participate with the local law enforcement agency or the criminal justice system, either prior to the examination, or at any other time. Additionally, a victim may agree to engage with local law enforcement and participate in the investigation and prosecution using a pseudonym (e.g., Jane or John Doe) instead of his or her true name.

B. Reporting Options Here at the College –- These Are Encouraged and Welcomed:

Incident(s) of past sexual misconduct or concerns about future incidents that affect any CCA student should be initially reported as follows:

• By submitting an online CCA Cares report form; or

• By submitting a written complaint by email to one of the below Intake Officers Designated for Students

To be especially accessible for residential students:

• Monique Butler, Director of Residential Life: 510.594.3725 or by email at mbutler@cca.edu
• Virginia Webb, Assistant Director of Housing Administration & Operations: 510.594.3723 or by email at vwebb@cca.edu

To be especially accessible to graduate students:

• Noki Seekao, Director of Student Life: 415.703.9591 or by email at noki@cca.edu
• Courtney Chung, Assistant Director of Academic Housing: 510.594.3728 or by email at cchung@cca.edu
• Nicole Whitner, Senior Academic Advisor: 415.551.9231 or by email at nwhitner@cca.edu

To be especially accessible to all students:

• Keith Stiver, Director of Public Safety: 510.594.3723 or by email at kstiver@cca.edu

To report matters that involve sexual misconduct by a staff or faculty member of the College against a student:

• Leslie Gray, Title IX Coordinator: T9@cca.edu or 510.594.3700

Note: All staff members and faculty members who believe that they have received a report of sexual misconduct affecting a student, or who have a concern about a future incident need to immediately inform the Title IX Coordinator by completing the online CCA Cares form or by email at T9@cca.edu.

C. Specific Information Regarding Incidents Occurring Off-Campus:

The Reporting Procedures for incidents to CCA students occurring off-campus is the same as the Reporting Procedures outlined in Sections A and B above.

CCA will do everything feasible to respond to reports of sexual misconduct committed by a person of another institution or entity; however, CCA may be limited in its authority to take actions involving third parties, but it will help students with actions that CCA can take to protect them and help them.

Measures such as no-contact orders, changes in classes or programs of study, excused absences, changes in internships, changes in academic advisors, and so forth can be of help to students who are victims and CCA will consider these as possible effective corrective action for misconduct by persons not under CCA control.

In addition, CCA students whose programs of study involve internships at external locations or non-CCA entities, may also (in addition to reporting to CCA) choose to report incident(s) of sexual misconduct that occur in connection with their internships, by using the policies and procedures available (if any) by non-CCA entities. CCA may work in conjunction with another institute or entity in investigating and resolving reported incidents and will so notify the student if it does on a case-by-case basis.

D. Anonymous Reporting:

Anonymous reports, or reporting without disclosing the reporter’s name, can be made, but anonymous reporting is not the preferred way. Depending on the information received, CCA’s ability to respond to an anonymous report may be limited. The Title IX Coordinator and/or Deputy Title IX Coordinator(s) will review anonymous reports received by CCA and determine whether an investigation and response is appropriate.

E. Alcohol, Drugs and/or Other Misconduct:

CCA encourages the reporting of conduct prohibited under this Policy. A student who reports sexual misconduct, either as a Complainant or a third-party witness, will not be subject to disciplinary action by CCA for the person’s own personal consumption of alcohol or drugs, or other nonsexual misconduct, that happened at or near the time of the incident, unless CCA finds the violation(s) to be egregious, including but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating or academic dishonesty.

F. Prohibition against Retaliation: It is a violation of CCA policy to retaliate against any person making a report of possible sexual misconduct, or against any person cooperating in the investigation of any report of possible sexual misconduct. Retaliation against any member of the CCA community may result in disciplinary action, including termination of employment or expulsion from CCA. Please immediately report any retaliation just as you would report sexual misconduct.

G. Protecting Students Also Means that CCA Cannot Guarantee All Confidentiality

CCA is committed to assisting students throughout the processes outlined in this Policy. Efforts will be made to respect the privacy of all persons involved in this process in a manner consistent with the need for a thorough review of the report and carrying out the processes.

This means that the information related to a report under this Policy will only be shared with a limited circle of individuals who, in the judgment of CCA, have a “need to know” basis in order to assist CCA and/or its designees in its investigation and response and to prevent the recurrence of any such conduct found to have been committed.

If there is a request that the names remain confidential, CCA will take steps to investigate and respond to the report in a manner that is consistent with that request. However, CCA’s ability to fully respond to the incident may be limited, and so that CCA can meet its desire to protect students, CCA cannot guarantee complete confidentiality.

CCA is also required by law to report certain types of reported sexual misconduct in its annual crime statistics report. Neither names, nor other identifying details of the incident, will be made public in the annual crime report.

CCA is also required by law under certain circumstances to report any incident that might be classified as a violent crime, hate crime, or sexual assault to law enforcement. However, it is up to the Complainant on whether or not to separately file his or her own report with the Police and/or to contact Rape Trauma Services.

Except if required by governmental agencies, CCA will not disclose a victim’s identity unless the victim consents to being identified after being informed of their right to have identifying information withheld. If a victim does not consent to disclosing their identity, the alleged perpetrator’s identity will not be disclosed either, unless required by governmental authorities.

H. What If a Student Wants to Discuss Sexual Misconduct, Without Making a Report or Record of the Incident?

If a student would like to discuss the details of an incident of possible sexual misconduct, without making a report or record of the incident to the College, or in an otherwise confidential manner, the student should speak with those individuals who hold a relationship with the person of which there is a legal duty of confidence, such as with their physicians, mental health therapists, or clergy members. These individuals generally will maintain confidentiality if they are acting in their capacity as your physician, mental health therapist, or clergy member, except in extreme cases of immediacy of threat or danger, or abuse of a minor.

The staff, faculty and administrators of CCA do not have such a relationship with CCA students, and are required to promptly forward all reports of possible sexual misconduct that become known to them to the Title IX Coordinator and/or Deputy Title IX Coordinators, except if they are serving as a licensed mental health provider as described below.

CCA’s Counseling Center provides confidential psychological counseling services. The CCA Counseling Center staff is not required to forward reports of possible sexual misconduct to CCA’s administrators.

VI. Intake Meetings: For Students to Report an Incident

1. Intake Meeting

For purposes of this part of the policy, a student who makes a report of sexual misconduct that they or another student may have experienced is called a “Complainant.”

Whenever a student wishes to make a report of a sexual misconduct incident, CCA will promptly schedule a meeting for an Intake Officer to meet with the Complainant to take place as soon as possible to go over this Policy and to identify possible forms of support for the Complainant (see the Resources section below).

All Intake Officers will have training in victim-centered approaches. The Deputy Title IX Coordinators or Title IX Coordinator at times can also serve as Intake Officer, and in cases where the Respondent is a faculty or staff member of the College, or a third person, the Title IX Coordinator may assign the matter to another appropriate staff member for intake and investigation.

At this meeting, the Intake Officer will discuss whether there are any interim measures (see Interim Measures section below) that may be implemented. The preferences of the Complainant on such measures will be taken into consideration by the Intake Officer.

At the intake meeting, the Intake Officer will also discuss the following:

• A student’s right to report the incident(s) to local law enforcement agencies;

• A student’s right to seek medical treatment and the importance of preservation of evidence;

• Requests for confidentiality, if any;

• CCA’s obligation to consider all reports of incidents and the inability of CCA to guarantee complete confidentiality;

• CCA’s policy against retaliation of any person making a report or participating in the investigation or adjudication of an incident under this Policy;

• The possibility of an investigation by an external impartial and neutral fact-finder selected by CCA;

• The possibility for informal resolution where appropriate;

• The possibility for sanctions as determined by CCA;

• The use of an Advisor or Support Person in any meeting under this Policy; and

• CCA’s obligation to report crime statistics into its daily crime log.

For purposes of this part of the policy, the person whose conduct has been reported, is called a “Respondent” and when there is a report of an incident, we will also promptly schedule a meeting with the Respondent. If the Respondent is a student of CCA, the Intake Officer will also meet with the Respondent after receiving the report of the incident. If the Respondent is a faculty member of CCA, the Title IX Coordinator and/or the Provost or Associate Provost will meet with the Respondent.

At this meeting, the Intake Officer will discuss the contents of this Policy and also discuss whether there are any interim measures that may be implemented at the discretion of CCA to avoid any problems or harm during the remaining steps to take place. The preferences of the Complainant and the Respondent on such measures may be stated and will be taken into consideration by the Intake Officer.

At the intake meeting, the Intake Officer will also discuss the following:

• A student’s right to report the incident(s) to local law enforcement agencies;

• A student’s right to seek medical treatment and the importance of preservation of evidence;

• Requests for confidentiality, if any;

• CCA’s obligation to consider all reports of incidents and the inability of CCA to guarantee complete confidentiality;

• CCA’s policy against retaliation of any person making a report or participating in the investigation or adjudication of an incident under this Policy;

• The possibility of an investigation by an outside impartial and neutral fact-finder selected by CCA;

• The possibility for informal resolutions where appropriate;

• The possibility for sanctions as determined by CCA;

• The use of an Advisor or Support Person in any meeting or proceeding under this Policy; and

• CCA’s obligation to report crime statistics into its daily crime log.

2. Initial Witness Interviews

The Intake Officer may also collect additional information or speak with any person(s) that may have relevant information concerning a reported incident, in an effort to gather preliminary information to make an initial assessment of the matter. The preferences of the Complainant and the Respondent as to witnesses to be interviewed may be stated by them and will be taken into consideration by the Intake Officer.

3. Initial Assessment

The Intake Officer will then consider the nature of the report, the safety of the individuals involved and of the campus community, the Complainant and Respondent’s expressed preferences for resolution, and will make a recommendation to the Deputy Title IX Coordinator on whether the matter can be resolved without further investigation or whether to refer the matter for further investigation.

The Deputy Title IX Coordinator or the Title IX Coordinator will make the final decision on whether to refer the matter for further investigation. If the matter is referred for further investigation, the matter will follow the procedures for investigation and resolution described below. The Title IX Coordinator or the Deputy Title IX Coordinator, or the Intake Officer if so designated by the Title IX Coordinator and/or Deputy Title IX Coordinator, will inform the Complainant and Respondent in writing if the matter will be referred for further investigation.

If the matter is not referred for further investigation, the Title IX Coordinator or the Deputy Title IX Coordinator, or the Intake Officer if so designated by the Title IX Coordinator and/or Deputy Title IX Coordinator, will inform the Complainant and Respondent of what the outcome is, including possible interim or final measures (see next section) for protection and safety. This is called the Outcome Letter.

4. Possible Interim or Final Measures

Interim measures will be considered and implemented at the discretion of Deputy Title IX Coordinator or the Title IX Coordinator, or the Intake Officer if so designated by the Title IX Coordinator and/or Deputy Title IX Coordinator, in order to protect students and maintain a safe and healthy environment at the College. Interim measures, which may be applied to the Complainant and/or the Respondent, include such things as:

• Issuance of a “no-contact” order or directive that restricts persons from having contact with one another in person or through electronic means;

• Change in class schedule;

• Change in student residence;

• Change in student-related employment;

• Rescheduling of exams or assignments (in conjunction with appropriate faculty);

• Voluntary leave of absence;

• Providing escort services for movement between classes and CCA activities;

• Interim suspension or CCA-imposed leave;

• Administrative hold on student accounts, including a hold on the release of transcripts while an investigation is pending;

• Denial of access to campus, campus facilities and/or CCA activities; and

• Other measures.

These measures may also be part of the plan of final measures that are required by the Outcome Letter.

VII. When Investigation Is Needed, CCA Sometimes Uses an External Investigator

As already explained, following the initial assessment, the Deputy Title IX Coordinator or the Title IX Coordinator decides whether to have further investigation, and if so, will designate an investigator who has specific training and experience. The investigator may be an employee of CCA or an external investigator engaged to assist CCA in fact gathering. The Title IX Coordinator retains the right to designate an external investigator because sometimes the College will not have enough or the right kind of resources.

Whether the investigator is internal or external, the role of the investigator is to be a neutral fact-finder. The investigator may also designate another trained colleague to assist in interviewing parties, identifying and locating witnesses, and in gathering other facts and evidence. The investigator will conduct an investigation in a manner deemed appropriate in light of the circumstances of the case and will cooperate with law enforcement authorities to the extent necessary.

A typical investigation will include interviews with the Complainant, the Respondent and third-party witnesses, collection of available physical, documentary and other evidence, and photographs may be taken. The Complainant, the Respondent and any third-party witnesses may present witnesses or other evidence to the investigator for consideration. Information collected during the initial intake and assessment will be forwarded to the investigator. If any law enforcement agency is also investigating the incident, the CCA investigator may defer to the police department for the collection and preservation of evidence.

The investigator will compile the details of the investigation into an investigative report, which will contain summaries of the interviews, photographs (if available) and other related evidence or duty logs and also a detailed analysis of the events. Before finalizing a witnesses’ statement, the investigator may send a draft of the statement to the individual to allow them a chance to add to it or make any suggested changes to their statement.

The investigative report will be prefaced with a summary of findings and recommended actions. In this summary the investigator will:

• State the initial complaint;

• Outline the details of the investigation;

• State, whether, using a preponderance of the evidence standard, it is more likely than not that policy violation(s) occurred; and

• If requested by the Title IX Coordinator, include any recommended sanctions or corrective actions to be taken.

If requested by the Title IX Coordinator to make recommendations, the investigator may recommend that CCA impose certain sanctions or take certain corrective action; however, the decision to select and implement, appropriate sanctions or corrective action, if any, remains at all times within the authority of CCA.

The completed investigative report normally will be submitted within thirty (30) days of the intake. However, depending on the complexity of the case, additional time may be needed to complete the investigation.

VIII. Getting to a Proper Resolution -- And the Outcome Letter

All sexual misconduct reports will result in an Outcome Letter.

Whenever an investigation takes place, the investigative report will be forwarded to the Deputy Title IX Coordinator and/or the Title IX Coordinator of CCA, who will review the fact-finding determination by the investigator and take any recommendations for sanctions or corrective action into consideration.

The Title IX Coordinator and/or the Deputy Title IX Coordinator will decide whether the matter requires further proceedings; whether to accept the recommendations for sanctions/corrective action (if any); or whether to issue or recommend to an officer of CCA, different or alternative sanctions/corrective action.

The Title IX Coordinator and/or the Deputy Title IX Coordinator can recommend to the proper CCA officer any sanctions against a student who committed sexual misconduct that are appropriate based on the results of the investigation. These include cease and desist and stay away instructions; warnings, disciplinary probation, suspension, expulsion, revocation of admission and/or degree, or withholding a degree, or any lesser sanctions.

The Title IX Coordinator, or designee as assigned by the Title IX Coordinator, can recommend to the proper CCA officer, any sanctions against a faculty or staff member or other nonstudent person deemed to have committed sexual misconduct, which are appropriate based on the results of the investigation. These include cease and desist and stay away instructions, warnings, censure, disciplinary probation, suspension, or dismissal from employment or from any other relationship with the College or any other lesser sanctions.

Past violations of the responsible student may be considered in the determination of an appropriate resolution. CCA will also consider whether the action will bring an end to the violation in question, whether it will reasonably prevent a recurrence of a similar violation and/or whether it will mediate any effects the violation had on the Complainant and the CCA community.

Within ten (10) business days of the decision, both the Complainant and the Respondent will be notified in the Outcome Letter, of the results of the investigation, including any sanctions or remedies imposed, along with notification of the rights to appeal.

The Title IX Coordinator, or any designee of the Title IX Coordinator, also may meet separately with the Complainant or the Respondent to discuss the results of the investigation and explain any resolution action that will be taken or imposed. A summary of the investigative report will be available for review by both the Complainant and the Respondent, if so requested.

The College seeks to resolve all reported incidents of sexual misconduct within sixty (60) days of the initial report. All time frames expressed in this policy are meant to be guidelines and depending on the complexity of the matter, additional time may be needed.

Note: A preponderance of the evidence standard will be used under this Policy, that is, whether it was more likely than not that the conduct prohibited under the Policy occurred. All proceedings under this Policy will be prompt, fair, impartial, and conducted by those who are adequately trained.

IX. Appeals

If the Respondent or Complainant is dissatisfied with the resolution, either may appeal. An appeal must be made in writing, within ten (10) business days of the Outcome Letter. The appeal should clearly state the remedy sought. The written appeal must be delivered to the Title IX Coordinator, who will delegate review of the appeal as follows:

• If the person who appeals is a student of CCA, the Vice President for Student Life shall review the appeal and make a recommendation in writing to the Provost.

• If the person who appeals is a faculty member of CCA, the Associate Provost shall review the appeal and make a recommendation in writing to the Provost of CCA.

• If the person who appeals is a staff member of CCA, or any other person not identified above, the Executive Vice President shall review and decide the appeal.

The final decision on the appeal will be issued in writing and a copy given to the appealing person. The final decision is binding on the appealing person, except for Arbitration in section X below.

Appeals should normally be completed within three weeks unless there is good reason to extend the time necessary to review the appeal. Normally, the grounds for granting an appeal will be limited to the following considerations:

• Is there compelling new evidence that was not available previously? Was the decision based on use of the proper criteria? Were improper or extraneous facts used that substantially affected the decision?

• Were there procedural irregularities that substantially affected the outcome of the investigation and decision for action that were detrimental to the Respondent or Complainant?

X. Arbitration

If either the Complainant or the Respondent is not satisfied with the decision following a timely appeal in section IX above, they may request review by an impartial arbitrator under the Rules of the American Arbitration Association by submitting a request in writing to the Executive Vice President of CCA, no later than forty-five (45) calendar days after issuance of the decision following a timely appeal.

The request shall consist of a plain, concise and complete written statement outlining the grounds for disagreement with the outcome and all relevant information to substantiate the basis for doing so.

The Executive Vice President of CCA will then decide whether the case is suitable for arbitration; if so, under written agreement between CCA and the party seeking arbitration review, providing as a final and binding alternative to civil litigation, an arbitrator will be mutually selected between the parties, and the costs of the arbitrator’s fees shall be agreed to in writing by an authorized representative of the parties.

Any matter submitted to binding arbitration under this Policy shall be submitted in accordance with the Rules of the American Arbitration Association. Attorneys or advisors of the party’s choice may be present at and participate in the binding arbitration review process. This binding arbitration review process is the exclusive method of external review and is final and binding on both CCA and the student, and the arbitrators’ award shall be final, binding and conclusive upon the parties and may be entered in any state or federal court having jurisdiction.

XI. Privacy of Records

The Office of the Title IX Coordinator will receive and retain records of reports and related documents.

Documents that are prepared in anticipation of the investigation and resolution of the matter (including the investigative report and any other documents) will not be disclosed outside of the review process, except as required by law.

The final Outcome Letter will be issued concurrently to both the Complaining and the Respondent. CCA neither encourages nor discourages the further disclosure of the final Outcome Letter by either the Complainant or the Respondent. CCA acknowledges that sharing the final outcome letter with others may be an important part of a student’s healing process.

XII. Dissemination of Policy; Traning and Prevention

The Title IX Coordinator is responsible for overseeing the CCA’s efforts at training, prevention and education as it relates under this Policy.

As a part of CCA’s commitment to maintaining its campus and programs free from sexual misconduct, this Policy shall be disseminated widely to the CCA community through publications, websites, student orientations, and other appropriate channels of communication.

All students, staff and faculty will receive an email each academic year with references to the policies on the website.

The Title IX Coordinator, the Deputy Title IX Coordinators, and the Intake Officer will receive appropriate training for the intake and handling of reports of sexual misconduct under this Policy, including those that are victim-centered and trauma informed.

CCA will also provide all other supervisory employees with online training every two years.

In addition, the Office of Student Affairs will provide programs and materials to students that educate students on sexual misconduct and how to prevent it from occurring. Education programs shall promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, and shall be designed to prevent all misconduct prohibited under this Policy from occurring, to empower victims, to identify safe and positive options for bystander intervention, and to help recognize warning signs of abusive behavior and how to avoid potential attacks.

Students, faculty and staff of CCA are all encouraged to take part in education and training designed to prevent sexual misconduct.

XIII. Resources

Getting Help: CCA encourages all members of the CCA community who believe they have been victims of sexual misconduct to report these incidents to local law enforcement authorities and to seek medical attention where appropriate.

CCA also encourages all members of the CCA community to report any incident(s) of possible sexual misconduct to CCA under these Policies and to get help from as many resources as possible.

For Emergency Needs:

• For Emergencies call: 9-1-1

• City of San Francisco Police Department: Emergency: 415.553.8090

• San Francisco Women Against Rape 24.hour helpline: 415.647.RAPE (7273)

• City of Oakland Police Department Emergency: 510.777.3211

• City of Oakland Sexual Assault Hotline: 510.637.0298

• Bay Area Women Against Rape provides free 24-hour comprehensive services to victims of sexual assault. Website; 24-hour hotline: 510.845.7273

• Men Overcoming Violence: 1385 Mission Street, Suite 300, San Francisco. 415.626.6704

• La Casa de La Madres: 24-hour crisis support hotline: For adults: 1.877.503.1850; for teens: 1.877.923-0700

• A Safe Place, Inc.: 24-hour crisis hotline: 510.536.7233 (SAFE)

There are also several national organizations that may be able to provide the CCA community with important information and assistance:

• National Domestic Violence Hotline, 800.799.SAFE (7233)

• National Sexual Assault Hotline, 800.656.HOPE (4673)

• Stalking Resource Center, 202.467.8700

• National Teen Dating Abuse Helpline, 866.331.9474

For Medical Needs:

CCA does not offer on-campus medical services. The following are resources for students to seek medical attention as it relates to sexual misconduct:

• Alameda County Medical Center, Highland Hospital Sexual Assault Center, 1411 E. 31st Street, Oakland provides 24-hour assistance, including medical treatment and examination, advocacy and counseling support for victims of sexual assault. Website. Telephone 510.437.4688.

• San Francisco General Hospital and Trauma Center: 24-hour Rape Treatment Center: 1001 Potrero Avenue, San Francisco, 415.206.8000.

Note: Both of the above-listed hospitals offer Sexual Assault Forensic Examinations and other services for the collection of evidence.

CCA Campus Services:

Title IX Coordinator:

• Leslie Gray, 510.594.3700 or by email at T9@cca.edu

Deputy Title IX Coordinators (for students):

• Kayoko Wakamatsu (kwakamatsu@cca.edu), Associate Vice President for Student Affairs, 510.594.3673
• Jeannine Szamreta (jszamreta@cca.edu), Dean of Students, 415.703.9509

Intake Officer for Students:

To be especially accessible for residential students:

• Monique Butler, Director of Residential Life: mbutler@cca.edu or 510.594.3725
• Virginia Webb, Assistant Director of Housing Administration & Operations: vwebb@cca.edu or 510.594.3723

To be especially accessible to graduate students:

• Noki Seekao, Director of Student Life: noki@cca.edu or 415.703.9591
• Courtney Chung, Assistant Director of Academic Housing: cchung@cca.edu or 510.594.3728
• Nicole Whitner, Senior Academic Advisor: nwhitner@cca.edu or 415.551.9231

To be especially accessible to all students:

• Keith Stiver, Director of Public Safety: kstiver@cca.edu or 510.594.3723

To report matters that involve sexual misconduct by a staff or faculty member of the College against a student:

• Leslie Gray, Title IX Coordinator: T9@cca.edu or 510.594.3700

Public Safety:

• Dial x9510 from any on-campus phone
• 415.703.9510 from any off-campus or cell phone
• Keith Stiver, Director of Public Safety: 510.594.3723 or by email at kstiver@cca.edu

Note: When calling Public Safety or other direct emergency listing from a CCA campus phone, you must first dial “8” to access an off-campus line.

On-Campus Counseling Services:

Professional, confidential counseling is available at CCA free of charge to all students. Counseling can help students cope with personal issues and assist them in meeting the challenges of a creative academic environment.

CCA’s Counseling Services offers brief individual therapy, crisis intervention, assessments, and referrals to community resources. In addition to personal counseling, we provide presentations and workshops on topics related to student life and the experience of being a creative person.

To make an appointment with a counselor, contact Student Affairs in Oakland at 510.594.3666 or in San Francisco at 415.703.9570.

Confidential Reporting Options:

Students who would like to speak to someone in confidence about an experience of sexual misconduct or about another’s experience of sexual misconduct, should contact off-campus rape crisis counselors, domestic violence resources, private agencies, external mental health agencies and external clergy members. Persons may also speak in confidence to licensed psychologists or counselors who provide service through CCA’s Counseling Services.