Policies ＆ Procedures

Policy

Sexual misconduct, including sexual harassment, sexual vi­olence, sexual exploitation, intimate partner violence, and stalking are violations of College's Student Conduct Code and the District's sexual misconduct policy. A number of federal laws and regulations, including Title IX, the Violence Against Women Act, and the Clery Act mandate how institutions respond to such allegations. Many types of sexual misconduct also constitute violations of California law.

Members of the campus community, guests, and visitors have a right to be free from sexual misconduct. All members of the community must conduct themselves in a way that does not infringe upon the rights of others. The College's sexual misconduct policy is intended to define expectations for appropriate conduct and outline resolution processes to address conduct that does not meet these expectations. When individuals accused of sexual misconduct are found to be in violation of the policy, the College will impose se­rious sanctions, as noted on the next page.

All members of the campus community, guests, and visitors are protected by this policy regardless of their sexual orientation or gender identity. The College has jurisdiction over all acts of sexual misconduct involving members of the campus community, no matter where they occur, whether on- or off-cam­pus. For more details on this policy, please visit​​

​http://www.boarddocs.com/ca/sjeccd/Board.nsf/Public#

​​​​Additional information about campus crime, state laws, and dis­closures related to sexual misconduct can be found online in the campus Annual Security Report. Access it here: The-Jeanne-Clery-Act

Procedures

The District's procedures can be located at: http://www.boarddocs.com/ca/sjeccd/Board.nsf/Public#tab-meetings

Any community member may file a report regarding a Title IX incident online at: https://cm.maxient.com/reportingform.php?SanJoseEvergreenCCD&layout_id=1 

Intake

A College official will assist the reporting party with making choices and accessing resources. Assuming the reporting party chooses to move forward with a campus resolution, the next step is a preliminary inquiry.

Preliminary Inquiry

An initial determination is made about the allegations and whether to move them forward to a formal investigation. This decision is made by the Title IX Coordinator, taking into account the nature of the allegations and the reporting party's wishes. IF the decision is made to move forward, the coordinator refers the allegations to an investigator.

Investigations

An investigative model is used to resolve allegations. A trained investigator will provide an investigation that is prompt, though, reliable, equitable, fair and impartial. The investigator will interview the reporting and responding parties and witnesses and prepare reports with their findings.

Standard of Evidence

The College uses a preponderance of evidence standard. Decision makers consider whether, given the available credible​ evidence, it is more likely than not that a violation occurred.

Final Determination

The parties will be informed in writing of the outcome of the resolution, without significant delay between the notifications to each party. This notice will include the procedure for the appeal process.​