AR 3540 Sexual and Other Assaults on Campus

References: Education Code Section 67385, 67385.7 and 67386;
20 U.S. Code Section 1092(f);
34 C.F.R. § 668.46(b)(11)

Any sexual assault or physical abuse, including, but not limited to, rape, domestic violence, dating violence, sexual assault, or stalking, as defined by California law, whether committed by an employee, student, or member of the public, occurring on District property, in connection with all the academic, educational, extracurricular, athletic, and other programs of the District, whether those programs take place in the District’s facilities or at another location, 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, BP 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.

“Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  The existence of a romantic or intimate relationship will be determined based on the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.

“Domestic violence” includes 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 California law; or
•    by any other person against an adult or youth victim who is protected from that person’s acts under California law.

• A copy of the District's policy and procedure regarding domestic violence, dating violence, sexual assault or stalking;

• A list of personnel on campus who should be notified and procedures for such notification, if the alleged victim consents:

-    Assistant Vice Chancellor of Human Resources
-    Vice President of Student Services/Vice President of Continuing Education or  designee
-    Student Health Center psychologist
-    Local police department regarding investigation and victim services

• Information about the importance of preserving evidence and the identification and location of witnesses;

• A description of available services, and the persons on campus available to provide those services if requested. Services and those responsible for provided or arranging them include:

-    transportation to a hospital, if necessary;
-    counseling by Student Health Center psychologist, or referral to a counseling center;
-    notice to the police, if desired
;-    assistance with disciplinary process by Vice President of Student Services/Vice President of Continuing Education or designee;
-    a list of other available campus resources or appropriate off-campus resources by the Chief, District Safety and Security

• A description of each of the following procedures:

-    criminal prosecution;
-    civil prosecution (i.e., lawsuit);
-    District disciplinary procedures, both student and employee;
-    modification of class schedules;
-    tutoring, if necessary.

•    The accused’s belief in affirmative consent arose from the intoxication or recklessness of the accused.

•    The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.

•    The complainant was asleep or unconscious.

•    The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.

•    The complainant was unable to communicate due to a mental or physical condition.

The District shall maintain the identity of any alleged victim, witness, or third-party reporter of domestic violence, dating violence,  sexual assault, or stalking on District property, as defined above, in confidence unless the alleged victim, witness, or third-party reporter specifically waives that right to confidentiality. All inquiries from reporters or other media representatives about alleged sexual assaults on District property shall be referred to the Director of Public Affairs and Publications which will work with District Safety and Security Department and Vice President of Student Services/Vice President of Continuing Education or designee’s office to assure that all confidentiality rights are maintained.

Additionally, the Annual Security Report will include a statement regarding the District’s programs to prevent sex offenses and procedures that should be followed after a sex offense occurs. The statement must include the following:

• A description of educational programs to promote the awareness of rape, acquaintance rape, and other forcible and non forcible sex offenses;

• Procedures to follow if a domestic violence, dating violence, sex offense, or stalking occurs, including who should be contacted, the importance of preserving evidence to prove a criminal offense, and to whom the alleged offense should be reported;

• Information on a student’s right to notify appropriate law enforcement authorities, including on-campus Safety Officers and local police, and a statement that campus personnel will assist the student in notifying these authorities, if the student so requests;

• Information for students about existing on-and off-campus counseling, mental health, or other student services for victims of sex offenses;

• Notice to students that the campus will change a victim’s academic situation after an alleged domestic violence, dating violence, sex offense, or stalking and of the options for those changes, if those changes are requested by the victim and are reasonably available;

• Procedures for campus disciplinary action in cases of an alleged domestic violence, dating violence, sex offense, or stalking, including a clear statement that:

-    The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding; and
-    Both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding resulting from an alleged sex offense. Compliance with this paragraph does not violate the Family Educational Rights and Privacy Act. For the purposes of this paragraph, the outcome of a disciplinary proceeding means the final determination with respect to the alleged domestic violence, dating violence, sex offense, or stalking and any sanction that is imposed against the accused.

• A description of the sanctions the campus may impose following a final determination by a campus disciplinary proceeding regarding rape, acquaintance rape, or other forcible or non-forcible sex offenses, domestic violence, dating violence, or stalking.

•    Provide, as part of each campus’ established on-campus orientation program, education and prevention information about domestic violence, dating violence, sexual assault, and stalking.  The information shall be developed in collaboration with campus-based and community-based victim advocacy organizations, and shall include the District’s sexual assault policy and prevention strategies including empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction.

•    Post sexual violence prevention and education information on the campus internet website regarding domestic violence, dating violence, sexual assault and stalking.