Sexual Misconduct and Title IX | Evergreen Valley College

Overview.

At Evergreen Valley College, our students come first. This page is intended to provide you with important information about your rights, college processes that adhere to federal guidelines and contact information for immediate help and support.

TITLE IX - A STUDENT'S RIGHT TO KNOW.

If you have been raped or sexually assaulted or are in immediate danger,

call 911 and/or Campus Police immediately at 408-270-6468

Title IX Team

The Title IX Team

Title IX Coordinator, Howard Willis 408-223-6738
Director of Student Development Howard Willis
08-223-6768
Student Health Center Coordinator Janice Assadi 408-270-6480
Crisis Case Manager. Kara Uy 408-531-6120
SJECCD Police Department Chief Thomas Morales 408-270-6468

Title IX Trainings for Title IX Personnel

What To Do

What To Do If You Have Been Sexually Assaulted

If you have been sexually harassed, physically or verbally assaulted the College urges to report the incident to the Vice President of Student Affairs/Title IX Coordinator or to District Police and file a Title IX Incident Report

FIRST AND FOREMOST, KNOW THAT WHAT HAPPENED WAS NOT YOUR FAULT!
After an assault has occurred, GO TO A SAFE PLACE. Seek a friend or a trusted person on campus to be with you for moral support. You can also go to the home of a friend or a family member, or any place where you can find physical safety and receive emotional support. The Student Health Center on each campus is a safe and confidential place to report.
Report the attack to law enforcement immediately. If the assault occurs on campus, we urge you to contact:

San Jose-Evergreen Community College District (SJECCD) Police (408) 270-6468 from your cell phone or dial extension 6468 from any campus phone (If you have experienced or have witnessed sexual assault, harassment, or violence on campus, you may remain anonymous when calling 911 or the SJECCD District Police by identifying the call as a SaVe Act call instead of giving your name);

or

Evergreen Valley College Vice President of Student Affairs/Title IX Coordinator:

Location: Student Center Building (SC), Room 205 Telephone: (408) 223-6749.

Seek medical care as soon as possible. Even if you do not have any visible physical injuries, you may be at risk of acquiring a sexually transmitted disease (women may also be at risk for pregnancy). We encourage you to go to the Student Health Center for medical, counseling services and/or contact any of the following health referral services:

SART - Sexual Assault Response Team. 408-885-6466, 751 Bascom Avenue, Building H12, San Jose, Ca. 95128;

YWCA Valley Rape Crisis Center/ YWCA of Silicon Valley, (408) 287-3000 (24-hr hotline) or (650) 493-7273

Silicon Valley Faces (408) 286-9663 and Victim Witness Assistance program (408) 295-2656, 777 N. First Street, Suite 220, San Jose, ca. 95112

Preserve all evidence of the attack.
Do not bathe, wash your hands, brush your teeth, eat, or smoke.
Do not clean or straighten up or remove anything if you are still at the location in which the crime occurred.
Write down all the details you can recall about the attack and the perpetrator.

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, San Jose City College, and Evergreen Valley College are 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 report.

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 Complaint To District/Campus Police?

When the incident is reported to Campus Police, the following can occur:

The police will investigate and cooperate with the local police, District attorney, and other appropriate agencies, if the severity of the incident warrants such interactions.
As a current student, the police also will report the incident to the College Title IX Coordinator and the Vice President of Student Affairs (VPSA).
The Title IX Coordinator will provide you with referral information to appropriate support services and resources. You will be asked if you would like to file a formal complaint. If you make the decision to formally file a complaint, the Title IX Coordinator will provide you with the San Jose Evergreen Community College District Formal Discrimination Complaint Form. He or she can assist you in completing the form if you prefer.
If another student is involved, the VPSA or designee, who is usually the Director of Student Life or the Director of Student Development & Activities, will follow appropriate disciplinary procedures. Should a staff or faculty member be involved in the complaint, the Vice-Chancellor of Human Resources will be contacted.

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:

EVC's Title IX Coordinator, Howard Willis at (408) 223-6738 or email at Howard.Willis@evc.edu

OR
SJCC's Title IX Coordinator, William Garcia, at (408) 288-3146 or email at William.Garcia@sjcc.edu

When the incident is reported to staff (faculty, staff or administrator), the staff member will complete the Title IX Incident Report Form and send it to the Title IX Coordinator. The Title IX Coordinator will then contact you and schedule a meeting.

Campus Accommodations for Campus Sexual Assault Victims.

Victims of sexual assault will have the right to:

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

Pregnant Student Rights.

Pregnant and Parenting Student Rights

Title IX prohibits discrimination on the basis of sex — including pregnancy, parenting and all related conditions — in education and in programs and activities that receive federal funding. If you are a pregnant or parenting student, you have the right to stay in school so you can meet your education and career goals. Below are some frequently asked questions from students in postsecondary schools regarding their Title IX rights.

How can I use Title IX to ensure that my pregnancy or family responsibilities do not interfere with my education?

Title IX requires professors and administrators treat pregnancy, childbirth and related conditions in the same manner and under the same policies as any other temporary disability. The university can require a pregnant student to provide a doctor’s certification of fitness to continue in an education program or activity only if the same requirement is imposed on all other students with physical or emotional conditions requiring a doctor’s care. Pregnant students must be provided the same accommodations and support services available to other students with similar medical needs. Your professors or administrators should not tell you that you have to drop out of your classes or academic program or change your educational plans due to your pregnancy. If you have a concern regarding your status as a pregnant or parenting student at EVC, please contact the Title IX Coordinator immediately. Resources are available for you; just make the call to.

Do my professors have to excuse my absences due to pregnancy, childbirth or abortion?

Absences due to pregnancy, childbirth or related medical conditions must be excused and cannot be treated or penalized like unexcused absences. Your professors must provide you a leave of absence for as long as it is deemed necessary by your medical doctor. At the end of your leave, you must be reinstated to the status you held prior to your leave. After returning from an excused absence, your professors must allow a reasonable amount of time to make up missed assignments and tests. The makeup assignments and tests must be reasonably equivalent to those missed, but need not be identical. If a professor provides specific “points” or other advantages to students based on class attendance, you must be given the opportunity to earn back the credit from classes missed due to pregnancy.

Under Title IX, pregnant students are entitled to the same benefits offered to students with other medical conditions, illness or injury.

What if my professor says the absence/makeup policy applies regardless of any medical condition?

While your professor may have a strict attendance policy, the university is bound by federal civil rights law. Title IX requires the university ensure that all faculty and staff comply with the law and do not discriminate against pregnant and parenting students. An individual professor’s policy is not OK if it breaks the law. Please contact the Title IX Coordinator if you have questions about your professor’s attendance policy as it relates to your pregnancy or parental responsibilities.

Does the university need to provide me with special academic services, like tutoring?

Title IX requires the university provide pregnant students with any special services we provide to students with any other type of temporary disability. Please contact the Disability Support Program and Services Office located in SC-124.

If my program requires internships, career rotations, or other off-campus elements, can I be excluded from participation?

No. Your program must allow you to continue participating in off-campus programs. If your program provides opportunities to “work in the field,” you cannot be excluded based on your pregnancy. Your professor cannot require a doctor’s note for continued participation unless your professor requires one for all students who have a medical condition that requires treatment by a doctor. If they do ask for a note, they cannot second-guess your doctor’s decision.

What if classmates or professors have made offensive comments to me about my pregnancy?
Title IX requires the university prevent and address sex-based harassment, including harassment based on pregnancy. If you experience this sort of treatment, you should seek help immediately. The law prohibits anyone from retaliating against you for filing a complaint or raising a concern. View the EO 1097 Complaint Form (PDF).

I would like to take a semester off. Can I keep my student status, scholarships, etc.?

You will keep your status as a student for up to one year. If you want to take off more time than your doctor says is medically necessary, please contact the Title IX Coordinator.