Reporting Procedures: How Students Should Report Incidents of Sexual Misconduct (2020)
First and foremost: Student health and safety, and the protection from crimes, is essential. Individuals should seek assistance from a medical provider and/or law enforcement as soon as possible after an incident when needed. Prompt reporting is the best option for safety and also to ensure the preservation of evidence and for the identification and location of witnesses.
Students may make a report of the incident(s) to CCA , either to a CCA designated officer or through CCA Cares.
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.
It is important to note that the College is not a court of law and does not have authority to criminally prosecute persons accused of sexual misconduct or of named Respondents. The internal reporting options and procedures of the College are not the equivalent of nor a substitute for making a report to the police or law enforcement agencies. The College's reporting options and procedures are a mechanism whereby students may report to the College incidents believed to fall under this Policy in order to enable the College to put in place interim or support measures, or take other preventative or corrective action that will allow students to be able to continue with their education and other College activities without experiencing further sexual harassment or other sexual misconduct. These are preventative measures, not criminal punishments. Students who believe they have experienced sexual assault or violence should consider to also report such matters to external agencies that can help with reporting for the prosecution and criminal enforcement of the law. (i.e., the police, District Attorney's office, a rape-crisis counseling center, etc.)
In the event of a criminal investigation, the College will communicate with law enforcement in a manner that does not interfere with the criminal investigation. At the request of law enforcement, the College may temporarily defer the internal proceedings of the College to allow for criminal investigation and/or handling of reports by governmental authorities.
Reporting Procedures and Options
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:
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 are available to 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.
Reporting Options Here at the College
Incident(s) of sexual misconduct that affect any CCA student should be initially reported as follows:
- By submitting a CCA Cares 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:
- Danielle Martinez, Residential Education Coordinator for Conduct & Desk Operations: (415) 551-9272 or by email at daniellem@cca.edu
To be especially accessible to all students:
- Abe Leal, Director of Public Safety: 510.594.3781 or by email at abe@cca.edu
- Janeece Hayes, Director of Student Belonging & Inclusion: 415.703.9571 or by email at jhayes@cca.edu
- Joren Plunkett, Assistant Dean of Students for Conduct & Case Management: 415.551.9235 or by email at joren.plunkett@cca.edu
- Noki Seekao, Director of Student Life: 415.703.9591 or by email at noki@cca.edu
- Marcos Garcia, Associate Director of Student Success, Disability Services: 415.551.9236 by email at marcos.garcia@cca.edu
To report matters that involve sexual misconduct by a faculty member of the College against a student:
- Deputy Title IX Coordinator (for student/faculty cases): Dominick Tracy, Associate Provost for Education Effectiveness, 510.594.3794 or by email dtracy@cca.edu
To report matters that involve sexual misconduct by a staff member of the College or third party against a student:
- Maira Lazdins, Title IX Coordinator: hr@cca.edu or 510.594.3700
Note: All staff members and faculty members receive 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 CCA Cares Incident Report form.
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.
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.
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.
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.
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 consider whether it can 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.
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.
Continue to What Happens After a Report is Made?