RIGHTS OF ALL COMMUNITY MEMBERS
The College strives to provide members of the campus community with fair and equitable resolution processes that include both formal and informal options.
• Reporting parties have the right to notify law enforcement of incidents and to receive assistance from campus personnel in doing so.
• Reporting parties may decline to report to law enforcement if they so wish.
• Reporting parties have the right to have their allegations investigated and resolved internally by the College.
• Reporting parties have the right to file a report externally with the Office of Civil Rights. (Please see SJECCD Administrative Procedure 3435)
• Reporting parties may make an anonymous report through the online complaint process at: San Jose City College or at Evergreen Community College
Please be aware that the College may not be able to proceed with an investigation and/or any penalties to the responding party due to due right procedures when anonymous reports are made.
• All members of the campus community have the right to have reported incidents addressed according to the published District administrative procedures.
• All reporting and responding parties have equal opportunities to have a support person of their choosing throughout the resolution process. This person can be an advisor, advocate, attorney, family member, friend, faculty or staff member. However, this person may not be directly involved with the proceeding/ administrative investigation in another role, such as another reporting party, responding party, witness, or individual directly involved in the resolution process.
• All parties have the right to written notice of the outcome of sexual misconduct resolution proceedings.
• Reporting parties and witnesses will receive amnesty for minor infractions (e.g., alcohol and drug violations) that are secondary to incidents of sexual misconduct.
• Reporting parties, and their supporters, and witnesses have a right to be free from retaliation.
• Students have a right to be notified of their ability to access campus counseling and health services.
• Students and employees have a right to be notified of on- and off-campus supportive services.
• All parties involved in sexual misconduct allegations will receive the information and assistance needed to effectively participate in all proceedings.
• Reporting parties have the right to seek orders of protection, no-contact orders, restraining orders or similar lawful orders issued by criminal or civil courts, and may seek the help of Campus Police in requesting and/or enforcing these orders.