The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (commonly known as the Clery Act) is federal legislation designed to provide students, prospective students, and the public with uniform information from universities throughout the country on criminal problems and police and security issues. This information meets all reporting requirements as set forth in the Clery Act. Criminal statistics are updated by October 1 of each year and include data from the three previous calendar years.
San José City College
Criminal Offenses - On campus
Criminal Offenses – Public Property
Evergreen Valley College
Reporting Sexual AssaultAs soon as possible, the victim should report incidents of sexual assault, including date or acquaintance rape to the District Police Department at 270-6468, the local police at 9-1-1. If the victim is unable to make contact with the District Police a College faculty or staff member can aid in contacting the proper authorities.The Counseling Department and Health Services can also help in contacting the proper authorities.The victim should make every attempt to preserve any physical evidence of the assault. This may include not showering or bathing, not cleaning the scene of the incident, and not disposing of any damaged clothing or other items. The District Police will immediately initiate a criminal investigation into on-campus sexual assaults. The District Police will contact the San José Police Department if highly specialized resources are needed to complete a criminal investigation.The victim will be given information on counseling and support groups. If the victim wishes to change an academic schedule, the appropriate steps will be taken to accommodate the victim to the full extent possible. The Colleges also encourage victims to seek the support and assistance of friends or family when needed, in presenting their concerns. Santa Clara County offers 24 hour counseling for victims of crimes. The Santa Clara County Valley Rape Crisis Center may be reached at (408) 287-3000. The Victim/Witness Assistance Center in San José also provides off-campus services.
Crime DefinitionsThe following crime definitions are used in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting Program.
Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person orpersons by force or threat of force or violence and/or by putting the victim in fear.
Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe oraggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by meanslikely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assaultwhen a gun, knife, or other weapon is used which could and probably would result in serious personal injury ifthe crime were successfully completed.)
Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all caseswhere automobiles are taken by persons not having lawful access even though the vehicles are laterabandoned--including joyriding.)
Weapon Law Violations: The violation of laws or ordinances dealing with weapon offenses, regulatory innature, such as manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed oropenly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commitany of the aforementioned.
Drug Abuse Violations: Violations of State and local laws relating to the unlawful possession, sale, use,growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine andtheir derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone's); anddangerous non-narcotic drugs (barbiturates, Benzedrine).
Liquor Law Violations: The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)
Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwellinghouse, public building, motor vehicle or aircraft, personal property of another, etc.
Criminal Homicide - Manslaughter by Negligence: The killing of another person through gross negligence.
Criminal Homicide - Murder and Non Negligent Manslaughter: The willful (non-negligent) killing of onehuman being by another.
(The following sex offense definitions are excerpted from the National Incident-Based Reporting SystemEdition of the uniform Crime Reporting Program.)
Sex Offenses – Forcible: Any sexual act directed against another person, forcibly and/or against thatperson’s will; or not forcibly or against the person’s will where the victim is capable of giving consent.
Forcible Rape: The carnal knowledge of a person, forcibly and/or against that person’s will; or not forciblyor against the person’s will where the victim is incapable of giving consent because of his/her temporary orpermanent mental or physical incapacity (or because of his/her youth).
Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly against theperson’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.Sexual Assault With An Object: The use of an object or instrument to unlawfully penetrate,however slightly, the genital or anal opening of the body of another person, forcibly and/or againstthat person’s will; or not forcibly or against the person’s will where the victim is incapable of givingconsent because of his/her youth or because of his/her temporary or permanent mental or physicalincapacity.Forcible Fondling: The touching of the private body parts of another person for the purpose ofsexual gratification, forcibly and/or against that person’s will; or, not forcibly or against the person’swill where the victim is incapable of giving consent because of his/her youth or because of his/hertemporary or permanent mental incapacity.Sex Offenses - Non Forcible: Unlawful, non-forcible sexual intercourse.Incest: Non-forcible sexual intercourse between persons who are related to each other within thedegrees wherein marriage is prohibited by law.Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age ofconsent.
Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly against theperson’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
Sexual Assault With An Object: The use of an object or instrument to unlawfully penetrate,however slightly, the genital or anal opening of the body of another person, forcibly and/or againstthat person’s will; or not forcibly or against the person’s will where the victim is incapable of givingconsent because of his/her youth or because of his/her temporary or permanent mental or physicalincapacity.
Forcible Fondling: The touching of the private body parts of another person for the purpose ofsexual gratification, forcibly and/or against that person’s will; or, not forcibly or against the person’swill where the victim is incapable of giving consent because of his/her youth or because of his/hertemporary or permanent mental incapacity.
Sex Offenses - Non Forcible: Unlawful, non-forcible sexual intercourse.
Incest: Non-forcible sexual intercourse between persons who are related to each other within thedegrees wherein marriage is prohibited by law.
Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age ofconsent.
The following sex offense definitions are excerpted from The Campus Sexual Violence Elimination Act (SaVE Act) as part of the Violence Against Women Reauthorization Act (VAWA).
In determining what offenses to report under the Clery Act, institutions should use the following definitions:DOMESTIC VIOLENCE: “Felony or misdemeanor crimes of violence committed by a current or former spouse 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, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction…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.”
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;
b. Where the existence of such a relationship shall be determined based on a consideration of the
i. The length of the relationship
ii. The type of relationship
iii. The frequency of interaction between the persons involved in the relationship”
STALKING: “Engaging in a course of conduct directed at a specific person that would cause areasonable person to –a. Fear for his or her safety or the safety of others; orb. Suffer substantial emotional distress”
SEXUAL ASSAULT: The Campus SaVE Act defines sexual assault, which – unlike domestic violence, dating violence or stalking – was previously included as a Clery-reportable crime, as “an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.”
The District Police Department maintains a Parking Enforcement division primarily staffed by non-swornCommunity Service Officers who are tasked to ensure all California State Vehicle Code and District Parking Regulations are adhered to within District jurisdiction. Parking regulations are strictly enforced Monday-Saturday from 7am-11pm. For more information on the District’s policies and regulations, click link: Parking Traffic Regulations
The District Police Department assigns all criminal investigation work to the patrol officers who areinitially assigned to the incident. It is therefore of vital importance that the patrol staff are equally asskilled with investigative techniques as they are with patrol procedures. Some of the following incidentsare typical of a police officer’s normal investigative assignment and workload.Sexual Assault and other related Sex Crimes, Juvenile Crimes, Domestic Violence, Theft and Burglary, Forgery, Fraud and other Financial Crimes, Terrorist Threats, Annoying and Harassing Communication
Sex Offender Registration
Section 290 of the California Penal Code requires people convicted of certain sexual offenses to register with the local law enforcement agency responsible for the jurisdiction in which they reside within 5 working days of their birthday, and within 5 working days of changing their address. This is a lifetime requirement. Law enforcement cannot dictate where an offender lives, as long as the offender registers his/her residence with the appropriate jurisdiction. (Complete requirements are listed in Section 290 of the California Penal Code.)
In addition, California Penal Code Section 290.01 requires every person who was convicted of a sexoffense to register with the Campus Police Department of a College or University within Five (5) dayswhere he/she is:
1. Enrolled as a Full-time student.2. Enrolled as a Part-time Student.3. Employed as a Full-time Staff, Faculty, or Instructor.4. Employed as a Part-time Staff, Faculty, or Instructor.5. Employed as a Full-time or Part-time Classified employee.6. Employed as a volunteer.7. A contractor who is contracted by the College or University to work on campus.8. A carrier driver who delivers to that College or University more than 14 consecutive days or 30 days in a calendar year (i.e. Water delivery, Mail, VTA drivers, Outreach drivers, Armored car drivers, Telephone, Gas, and Electricity technicians, computer technicians, Office supply drivers, and others).
This section does not relieve the person to register as a Sex Offender with the jurisdiction wherehe/she is residing. The registrations as a Sex Offender with a College or University Police Departments are in addition to the registration with the local police and sheriff’s departments.