Sexual Assault & Rape - Student Procedures

Sexual Assault & Rape - Student Procedures
AP 3540 – Sexual Assaults on Campus
Reference: Education Code Section 67385; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; 34 C.F.R. § 668.46(b)(11)

Sexual assault prevention, education, policy, and procedures are governed by the Yuba Community College District Campus Student Policy and Procedures Regarding Rape and Sexual Assault. This policy describes in detail prevention and education programs around the topic of sexual assault, as well as procedures for dealing with incidents after they have occurred.

Any sexual assault or physical abuse, including, but not limited to, rape, as defined by California law, whether committed by an employee, student, or member of the public, occurring on District property, or on an off-campus site or facility maintained by the District, or on grounds or facilities maintained by a student organization, is a violation of District policies and regulations, and is subject to all applicable punishment, including criminal procedures and employee or student discipline procedures. (See also, AP 5500, Standards of Student Conduct.)

"Sexual assault" includes but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault. All students, faculty members, or staff members who allege they are the victims of a sexual assault on District property shall be provided with information regarding options and assistance available to them. Information shall be available from the District Police Department, which shall maintain the identity and other information about alleged sexual assault victims as confidential unless and until the District Police Department is authorized to release such information.

Yuba Community College District is committed to creating and maintaining an environment in which all persons who participate in College programs and activities can work together in an atmosphere free of all forms of harassment, exploitation, or intimidation. Yuba Community College District will take appropriate action to prevent, correct, and discipline behavior that is found to violate campus policy or regulations proscribing rape or sexual assault (hereafter in referred to as sexual assault).

Campus Prevention & Education Efforts
Yuba Community College District employs a multifaceted approach to preventing sexual assault. The campus maintains the Student Health Services located in Building 100B on the Yuba College. These groups collaborate to distribute the Procedures Regarding Rape and Sexual Assault; to provide educational workshops to campus faculty, staff, and students; and to develop and disseminate educational materials relating to the prevention of sexual assault.

Campus Procedures for Responding to Sexual Assault
This section outlines the procedures the campus follows in responding to reports of sexual assault allegedly committed by students. It assumes that the incident occurred on or near campus (at an official College function or on College property). However, many of the procedures and services described here also apply if the incident happens off-campus or if the individual reporting the assault is not a student.

When an incident is reported to any unit providing sexual assault resources on campus, the person to whom the report is made shall inform the student of her or his option to notify local law enforcement authorities, including the Yuba Community College District Police Department. The student shall also be informed of the importance of preserving evidence required for proof of possible criminal activity, and of the availability of the institutional personnel to assist the student in notifying the authorities of the incident, upon the student’s request. Finally, the student shall also be informed of the existing
on- and off-campus counseling, mental health, and other student services as outlined below.

The campus provides confidential and trained assistance to individuals reporting a sexual assault. Primary assistance is given through Student Health Services. Student Health Services offers both immediate and ongoing response to students, including confidential crisis counseling, assistance and advocacy with the initial medical evaluation, and academic and housing issues. Health Services also provides general medical care for students who report being sexually assaulted. Other services include treatment for injuries, testing for pregnancy, sexually transmitted disease, and HIV. However, the YCCD does not provide medical evidence collection. For this procedure, the patient would be referred to a community emergency room.

Off-campus resources include local physicians, hospitals such as Rideout Hospital (Marysville), and local law enforcement authorities, such as the Yuba County Sheriff’s Department, Woodland Police Department and Clear Lake Police Department.

If the student is willing to report the incident to the Yuba Community College District Police Department, she or he is informed that medical evidence can be collected at the same time as medical care is provided. However, without a police report, medical evidence for a criminal prosecution cannot be collected. Under these circumstances, the student is informed that the state will bear the cost of the medical exam and is instructed not to bathe, shower, or douche so that important medical evidence can be preserved.

Although the student is not required to notify any law enforcement authority regarding the incident, the person to whom the report is made shall contact the Yuba Community College District Police Department to inform them that a sexual assault may have occurred. The Police Department in turn shall notify the Title IX Compliance Officer, who is responsible for coordinating the campus’s response to the incident. Licensed mental health workers, who learn about sexual assault as part of their professional roles, are not required to violate confidentiality. Anonymous summary statistical information will be reported.

After YCCDPD is contacted, a uniformed officer will be dispatched to take the report. The local law enforcement jurisdiction will be notified by the YCCDPD. With the consent of the student, a full police report will be taken by a police officer who accompanies the student to the hospital. At the request of the student, a friend, family member, or other designated person may be present. The officer will advise the student regarding hospital procedures and the availability of assistance through College Health Services. The YCCDPD will assist the local law enforcement jurisdiction with the investigation and
YCCDPD will explain the legal process to the student. The completed investigation shall present a completed written investigation to the district attorney’s office for review and filing of criminal charges.

If the student is unwilling to report the matter to the police or to be transported to the hospital by the police, she or he is then urged to seek assistance immediately from Student Health Services for coordination of medical care, counseling, and other available support alternatives.

The student may request changes in her or his academic or living situation or in that of an alleged assailant, after the student has made a report of an assault, and the campus shall grant any reasonable request for such change.

When a student reports being sexually assaulted by another student, the Student Services Office, at the direction of the Title IX Compliance Officer, shall conduct a timely investigation of the allegations in the case and interview any witnesses as needed. The determination of whether to proceed with charges in a sexual assault case is the joint decision of the Student Services Office and the Title IX Compliance Officer, in consultation as needed with the Police Department, with final authority residing with the Title IX Compliance Officer. When formal charges are brought against the accused student by the College, the case shall either go to a hearing for adjudication or an administrative disposition settlement agreement shall be negotiated.

The individual charged with sexual assault is entitled to due process and will be given notice and a full opportunity to respond to the allegation made against her or him. The individual can seek representation, may have the same opportunity as the student who reported being assaulted to have a non-participating observer present during the proceedings, and is entitled to information about the campus policy on rape and sexual assault and the procedures that will be followed.

If the Vice-President of Student Services imposes disciplinary sanctions, the student who reports being sexually assaulted is informed of the outcome, and the charged student may appeal the action as set forth in the Campus Code of Student Conduct.

When a student who reports being sexually assaulted files charges with the Yuba Community College District Police Department, the criminal investigation and the campus judicial investigation are coordinated but independently conducted, occurring simultaneously or sequentially, on a case-by-case basis.

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