Resources and Reporting Options
Gavilan College is committed to creating and maintaining a community where all individuals who participate in College programs can do so in an atmosphere free from violence, harassment, discrimination, exploitation, and intimidation. Every member of the community should be aware that the College prohibits all forms of gender discrimination, including sexual harassment, sexual assault, dating violence, domestic violence, stalking, retaliation, and harassment or violence based on sexual orientation, gender identity, gender expression, pregnancy or parenting. Such behavior violates federal and state law as well as College policies.
Resources and reporting options are available to anyone (students, staff, and faculty) who may have experienced sexual harassment, sexual assault, dating violence, domestic violence, stalking, or any other form of gender discrimination.
Privacy and Confidentiality
Gavilan College recognizes the desire for privacy can play a key role in deciding whether to report an incident of sexual harassment or assault.
Any reporting party who wishes to speak with someone who can guarantee strict confidentiality should speak with Student Health Services or any of the other confidential resources listed on page 4 of this packet.
All responsible Gavilan College employees are required to report information regarding sexual misconduct involving Gavilan students or employees. They share this information with the Title IX Coordinator so that the incident may be resolved in a prompt and equitable manner under Gavilan College’s resolution procedures.
You may request confidentiality and/or that the Title IX Coordinator provide you with remedies and resources without initiating a formal resolution process. The coordinator will weigh requests for confidentiality against the institutional need to address and remedy discrimination under Title IX.
Generally, the College will be able to respect your wishes, unless it believes there is a threat to the community based on the use of weapons, violence, pattern, predation, or threatening conduct by the person being accused.
Title IX Reporting
In order for appropriate and timely action to be taken, Gavilan College encourages anyone who has experienced sexual harassment, sexual assault, dating violence, domestic violence, or stalking to report the offense to the Title IX Coordinator as soon as possible after its occurrence.
The Title IX Coordinator will consult with a reporting party and review options for next steps, which may include an alternative resolution or a formal investigation. In addition, when appropriate and reasonably available, the Title IX Coordinator may assist with changes to academic, work, and transportation conditions or implement other interim protective measures such as no contact directives.
Safety and Interim Measures
When necessary and appropriate, the College can implement safety and interim measures to provide support and protection to individuals involved in cases of sexual harassment or sexual violence. Some of these measures include: no contact directives, changes in class or work schedules, provision of special parking or transportation conditions, and other academic adjustments. Safety and interim measures can be arranged through the Title IX Coordinator.
Protective / Restraining Orders
Reporting parties have the right to seek orders of protection, no-contact orders, restraining orders, or similar lawful orders issues by criminal, civil, or tribal courts, and may seek the help of the Santa Clara Sheriff’s Department in requesting and/or enforcing such orders.
Disciplinary and Remedial Measures
If the College determines that the responding party has violated Gavilan policy, it will apply appropriate sanctions and remedial measures to address the impact to the reporting party and the Gavilan community at large. Sanctions and remedies vary depending on the status (student, staff, or faculty) of the responding party. Sanctions can range from a warning to expulsion (for students) or termination (for employees).
Evidence Preservation
Sexual Assault Forensic Exams (SAFEs) can be conducted after a sexual assault to preserve important physical evidence. Even if physical injuries are not visible, a SAFE exam is strongly recommended to collect forensic evidence and maintain all legal options.
You may choose to avoid washing, bathing, urinating, etc., until after your examination. Because evidence of a sexual assault can deteriorate quickly, you may choose to seek a medical exam as soon as possible. Evidence collection should be completed within 120 hours of an assault, but fluids, hair samples, and DNA can be collected for a long time thereafter. Even if you have washed, evidence can often still be obtained. After 120 hours, it may still be helpful to have medical attention, even if you are not trying to obtain evidence of an assault.
If you are still wearing any clothes worn during the assault, wear them to the hospital, but bring a change of clothes, as the hospital will keep the clothes you are wearing as evidence. If you have changed clothes, bring the ones you were wearing during the assault to the hospital in a clean paper (not plastic) bag or a wrapped in a clean sheet. Leave sheets/towels at the scene of the assault. Police will collect them. Typically, police will be called to the hospital to take custody of the findings of the SAFE exam, but it is up to you whether you wish to speak with them or file a criminal complaint.
To initiate a SAFE exam, you can contact law enforcement or go directly to a hospital and request one.
Police Reporting
Individuals who have experienced sexual assault or harassment may choose to file a criminal report with local law enforcement. If an individual chooses not to report the incident immediately to the police, a report can still be made at a later date.
Incidents may be reported confidentially to the Santa Clara County Sheriff’s Department at (408) 808-4400, or by calling 911. If appropriate, the Santa Clara County or San Benito County Sheriff’s Department may also assist an individual with filing a police report with other law enforcement agencies. The Title IX Coordinator can help you contact the Santa Clara County or San Benito Sheriff’s Department.
Reporting Options
Gavilan Title IX Coordinator
The Title IX Coordinator receives and responds to reports of sexual harassment or sexual violence involving any member of the campus community (students, staff, faculty, and campus guests). The Title IX Coordinator can also offer information about legal assistance, visa/immigration assistance, and student financial aid considerations for victims. Gavilan College’s Administrative Procedure on Discrimination and Harassment Complaints and Investigations can be reviewed here.
Santa Clara County Sheriff’s Department
You can report sexual violence or harassment to the Santa Clara County Sheriff’s Department in person or over the phone.
Civil Options
Individuals may choose to seek civil remedies whether or not criminal charges and/or a Title IX complaint have been filed. Civil remedies may provide recovery of damages, including monetary compensation for medical expenses, lost wages, pain, suffering, and emotional distress. Contact an attorney for more advice about this process.
Confidential Resources
Employee Assistance Program (EAP)
EAP is available to all Gavilan employees and provides each user with six visits with a licensed counselor per issue with no co-payment required.
Phone: 1-800-999-7222
Website: www.anthemeap.com
Community Resources
Community Solutions
Community Solutions offers 24-hour access to free, confidential, bilingual support for victims of domestic violence and sexual assault. Community Solutions also provides crisis counseling and emergency shelter.
24-Hour Crisis line: 1-877-363-7238
Website: www.communitysolutions.org/
Planned Parenthood - Gilroy Health Center
The Gilroy Health Center offers general health care, well woman exams, men’s health services, transgender healthcare, family planning services, birth control, emergency contraception, HIV testing, pregnancy tests, and STI (sexually-transmitted infection) testing, treatment, and vaccines.
Phone: 408-847-1739
Website: www.plannedparenthood.org/
Location: 760 Renz Lane, Gilroy, CA 95020
Resources for Pregnant and Parenting Students
Title IX Protections for Pregnant and Parenting Students
Supporting the Academic Success of Pregnant and Parenting Students
Know Your Rights: Pregnant or Parenting? Title IX Protects You From Discrimination At School
Gavilan College Procedures Regarding Title IX Reports
INTAKE
The Title IX Coordinator will assist the reporting party with making choices and accessing resources. Assuming the reporting party chooses to move forward with a campus resolution, the next step is a preliminary inquiry. All resolutions will be conducted by campus officials who receive annual training on issues related to domestic violence, dating violence, sexual assault, and stalking, and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
The resolution process is confidential. The institution will protect the confidentiality of victims, consistent with state and federal law. Title IX-related resolutions are not subject to publicly available provisions. Any release of information about a resolution will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law.
PRELIMINARY INQUIRY
An initial determination is made about the allegations and whether to move forward to a formal investigation. This decision is made by the Title IX Coordinator and the Director of Human Resources, taking into account the nature of the allegations and the reporting party’s wishes. If the decision is made to move forward, the Title IX Coordinator will oversee an investigation.
INVESTIGATIONS
An investigative model is used to resolve allegations. Trained investigators will provide an investigation that is prompt, thorough, reliable, equitable, fair, and impartial. They will interview reporting and responding parties and witnesses, and prepare reports with their findings and sanctioning recommendations.
HEARINGS
The hearing panel will have the opportunity to question the investigators during hearings. The panel may accept or reject investigators’ recommendations. If the panel rejects the recommendations or decides to issue alternate sanctions, it must do so within the framework of the policy, citing clear evidence to support its decisions. The panel may additionally return the report to investigators for modification.
STANDARD OF EVIDENCE
The College uses a preponderance of evidence standard. Decision-makers consider whether, given the available credible evidence, it is more likely than not that a violation occurred.
PAST HISTORY
The past sexual history or character of an individual is not considered unless it is determined to be highly relevant. All such information sought to be entered for consideration by a party or the College will be presumed irrelevant until evidence of its relevance is offered. The existence of a pattern of behavior by a responding party may be relevant to the finding and sanction imposed. Both parties will be notified in advance if such information has been deemed relevant and will be considered during the process.
FINAL DETERMINATION
The parties will be informed in writing of the outcome of the resolution, without significant delay between the notifications to each party. This notice will include the procedures for appealing the decision, any change to the results that occurs prior to the time that such results become final, and when results are considered to be final.
APPEALS
If either party is not satisfied with the results of the administrative determination, he/she may submit a written appeal to the Board of Trustees within 15 days of receiving notice of a final determination. The Board shall review the original complaint, the investigative report, the administrative decision, and the appeal. The Board shall issue a final decision on the matter within 45 days after receiving the appeal. All parties are included in any appeal reconsideration and have equal rights of participation. There is only one level of appeal. All appeals determinations made by the Board of Trustees are final.