Sexual AssaultRuse Consequences For Students, Staff and Students

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1 Call t Order PASADENA AREA COMMUNITY COLLEGE DISTRICT COLLEGE COORDINATING COUNCIL I. Public Cmment n Nn-Agenda Items II. III. IV. Apprval f Agenda Review f meeting ntes INFORMATION ITEMS Thursday, May 28, :00 AM 11:30 AM President s Cnference Rm C-233 AGENDA VI. FOR DISCUSSION AND CONSULTATION 1. Accreditatin Respnse Plan 2. Institutinal Effectiveness Prgram Initiative - Gals 3. BP/AP 3540 Sexual and Other Assaults n Campus 4. BP/AP 5200 Student Health/Health and Psychlgical Services 5. Summer meetings 6. Appintments t Standing Cmmittees (Debra Krause-Cantarer) 7. Standing Cmmittee Updates a. Budget and Resurce Allcatin Subcmmittee b. Calendar Subcmmittee c. Enrllment Management Subcmmittee d. Facilities Subcmmittee e. Health and Safety Subcmmittee f. Planning and Pririties Subcmmittee g. Prfessinal Develpment Subcmmittee h. Sustainability Subcmmittee i. Academic Cmputing and Technlgy Subcmmittee 8. Future meeting dates V. Annuncements VI. Adjurnment

2 BP 3540 Pasadena Area Cmmunity Cllege District Bard Plicy Chapter 3 General Institutin BP 3540 SEXUAL AND OTHER ASSAULTS ON CAMPUS References: Educatin Cde Sectins and 67385; 20 U.S. Cde Sectin 1092(f); 34 Cde f Federal Regulatins Sectin (b)(11) NOTE: The language in red ink is legally required. Any sexual assault r physical abuse, including, but nt limited t rape as defined by Califrnia law, whether cmmitted by an emplyee, student r member f the public, that ccurs n District prperty, is a vilatin f District plicies and prcedures, and is subject t all applicable punishment, including criminal prcedures and emplyee r student discipline prcedures. Students, faculty, and staff wh may be victims f sexual and ther assaults shall be treated with dignity and prvided cmprehensive assistance. The Superintendent-President shall establish administrative prcedures that ensure that students, faculty, and staff wh are victims f sexual and ther assaults receive apprpriate infrmatin and treatment, and that educatinal infrmatin abut preventing sexual vilence is prvided and publicized as required by law. The prcedures shall meet the criteria cntained in Educatin Cde Sectins and and 67386, and 34 Cde f Federal Regulatins Sectin The Cllege is cmmitted t publicly psting all infrmatin related t sexual and ther assaults. NOTE: The red ink signifies language that is legally required and recmmended by the Plicy and Prcedure Service and its legal cunsel (Liebert Cassidy Whitmre). Date Adpted: (Replaces Blue Bk Plicy 6225)

3 AP 3540 Pasadena Area Cmmunity Cllege District Administrative Prcedure Chapter 3 General Institutin AP 3540 SEXUAL ASSAULTS ON CAMPUS References: Educatin Cde Sectin , and 67836; 20 U.S. Cde Sectin 1092(f); 34 Cde f Federal Regulatins Sectin (b)(11) NOTE: The language in red ink is legally required. The fllwing are the minimum requirements cntained in the Educatin Cde and in the Jeanne Clery Disclsure f Campus Security Plicy and Campus Crime Statistics Act ( the Clery Act, 20 U.S. Cde Sectin 1092(f)). The requirements f the Clery Act are brader than thse fund in Califrnia s Educatin Cde, and apply t all institutins f higher learning that receive federal aid. Any sexual assault r physical abuse, including, but nt limited t, rape, dmestic vilence, dating vilence, sexual assault, r stalking, as defined by Califrnia law, whether cmmitted by an emplyee, student, r member f the public, ccurring n District prperty, in cnnectin with all the academic, educatinal, extracurricular, athletic, and ther prgrams f the District, whether thse prgrams take place in the District s facilities r at anther lcatin, r n an ff-campus site r facility maintained by the District, r n grunds r facilities maintained by a student rganizatin, is a vilatin f District plicies and regulatins, and is subject t all applicable punishment, including criminal prcedures and emplyee r student discipline prcedures. Sexual assault includes but is nt limited t, rape, frced sdmy, frced ral cpulatin, rape by a freign bject, sexual battery, r threat f sexual assault. Dating vilence means vilence cmmitted by a persn wh is r has been in a scial relatinship f a rmantic r intimate nature with the victim. The existence f a rmantic r intimate relatinship will be determined based n the length f the relatinship, the type f relatinship and the frequency f interactin between the persns invlved in the relatinship. Dmestic vilence includes felny r misdemeanr crimes f vilence cmmitted by: A current r frmer spuse f the victim; By a persn with whm the victim shares a child in cmmn; By a persn wh is chabitating with r has chabitated with the victim as a spuse; By a persn similarly situated t a spuse f the victim under Califrnia law; r

4 By any ther persn against an adult r yuth victim wh is prtected frm that persn s acts under Califrnia law. Stalking means engaging in a curse f cnduct directed at a specific persn that wuld cause a reasnable persn t fear fr his r her safety r the safety f thers, r t suffer substantial emtinal distress. It is the respnsibility f each persn invlved in sexual activity t ensure that he r she has the affirmative cnsent f the ther r thers t engage in the sexual activity. Lack f prtest r resistance des nt mean cnsent, nr des silence mean cnsent. Affirmative cnsent must be nging thrughut a sexual activity and can be revked at any time. The existence f a dating relatinship between the persns invlved, r the fact f past sexual relatins between them, shuld never by itself be assumed t be an indicatr f cnsent. Affirmative cnsent means affirmative, cnscius, and vluntary agreement t engage in sexual activity. These written prcedures and prtcls are designed t ensure victims f dmestic vilence, dating vilence, sexual assault, r stalking receive treatment and infrmatin. All students, faculty members r staff members wh allege they are the victims f dmestic vilence, dating vilence, sexual assault r stalking n District prperty shall be prvided with infrmatin regarding ptins and assistance available t them. Infrmatin shall be available frm the Chief f Plice and Cllege Safety, which shall maintain the identity and ther infrmatin abut alleged sexual assault victims as cnfidential unless and until the Chief f Plice and Cllege Safety is authrized t release such infrmatin. The Chief f Plice and Cllege Safety shall prvide all alleged victims f dmestic vilence, dating vilence, sexual assault r stalking with the fllwing, upn request: A cpy f the District's plicy and prcedure regarding dmestic vilence, dating vilence, sexual assault r stalking; A list f persnnel n campus wh shuld be ntified and prcedures fr such ntificatin, if the alleged victim cnsents; Superintendent/President, Assistant Superintendent/Senir Vice-Presidents A descriptin f available services, and the persns n campus available t prvide thse services, if requested. Services and thse respnsible fr prviding r arranging them include: Transprtatin t a hspital, if necessary by Plice and Cllege Safety; Cunseling by a Mental Health Cunselr, r referral t a cunseling center by Student Health Services fr students r the District s Emplyee Assistance Prgram fr emplyees; Ntice t the plice, if desired by Plice and Cllege Safety; A list f ther available campus resurces r apprpriate ff-campus resurces by Plice and Cllege Safety. A descriptin f each f the fllwing prcedures: Criminal prsecutin;

5 Civil prsecutin (i.e., lawsuit); District disciplinary prcedures, bth student and emplyee; Mdificatin f class schedules; Tutring, if necessary. The Mental Health Cunselr shuld be available t prvide assistance t District law enfrcement unit emplyees regarding hw t respnd apprpriately t reprts f sexual vilence. The District will investigate all cmplaints alleging sexual assault under the prcedures fr sexual harassment investigatins described in AP 3430, regardless f whether a cmplaint is filed with lcal law enfrcement. All alleged victims f dmestic vilence, dating vilence, sexual assault, r stalking n District prperty shall be kept infrmed, thrugh the Plice and Cllege Safety f any nging investigatin. Infrmatin shall include the status f any student r emplyee disciplinary prceedings r appeal; alleged victims f dmestic vilence, dating vilence, sexual assault, r stalking are required t maintain any such infrmatin in cnfidence, unless the alleged assailant has waived rights t cnfidentiality. The District shall maintain the identity f any alleged victim r witness f dmestic vilence, dating vilence, sexual assault, r stalking n District prperty, as defined abve, in cnfidence unless the alleged victim r witness specifically waives that right t cnfidentiality. All inquiries frm reprters r ther media representatives abut alleged dmestic vilence, dating vilence, sexual assaults, r stalking n District prperty shall be referred t the District's Public Infrmatin Office, which shall wrk with Plice and Cllege Safety t assure that all cnfidentiality rights are maintained. Additinally, the Annual Security Reprt will include a statement regarding the District s prgrams t prevent sex ffenses and prcedures that shuld be fllwed after a sex ffense ccurs. The statement must include the fllwing: A descriptin f educatinal prgrams t prmte the awareness f rape, acquaintance rape, ther frcible and nn-frcible sex ffenses, dmestic vilence, dating vilence, r stalking; Prcedures t fllw if a dmestic vilence, dating vilence, sex ffense, r stalking ccurs, including wh shuld be cntacted, the imprtance f preserving evidence t prve a criminal ffense, and t whm the alleged ffense shuld be reprted; Infrmatin n a student s right t ntify apprpriate law enfrcement authrities, including n-campus and lcal plice, and a statement that campus persnnel will assist the student in ntifying these authrities, if the student s requests; Infrmatin fr students abut existing n- and ff-campus cunseling, mental health, r ther student services fr victims f sex ffenses; Ntice t students that the campus will change a victim s academic situatin after an alleged dmestic vilence, dating vilence, sex ffense, r stalking and f the ptins fr thse changes, if thse changes are requested by the victim and are reasnably available; Prcedures fr campus disciplinary actin in cases f an alleged dmestic vilence, dating vilence, sex ffense, r stalking including a clear statement that: The accuser and the accused are entitled t the same pprtunities t have thers present during a disciplinary prceeding; and Bth the accuser and the accused must be infrmed f the utcme f any institutinal disciplinary prceeding resulting frm an alleged sex ffense. Cmpliance with this paragraph des nt vilate the Family Educatinal Rights

6 and Privacy Act. Fr the purpses f this paragraph, the utcme f a disciplinary prceeding means the final determinatin with respect t the alleged dmestic vilence, dating vilence, sex ffense, r stalking and any sanctin that is impsed against the accused. A descriptin f the sanctins the campus may impse fllwing a final determinatin by a campus disciplinary prceeding regarding rape, acquaintance rape, r ther frcible r nn-frcible sex ffenses, dmestic vilence, dating vilence, r stalking. Educatin and Preventin Infrmatin Plice and Cllege Safety shall: Prvide, as part f each campus established n-campus rientatin prgram, educatin and preventin infrmatin abut dmestic vilence, dating vilence, sexual assault, r stalking. The infrmatin shall be develped in cllabratin with campus-based and cmmunity-based victim advcacy rganizatins. Pst sexual vilence preventin and educatin infrmatin n the campus website regarding dmestic vilence, dating vilence, sexual assault and stalking. Date Apprved:

7 BP 5200 Pasadena Area Cmmunity Cllege District Bard Plicy Chapter 5 Student Services BP 5200 STUDENT HEALTH SERVICES References: Legal Authrity: Califrnia Educatin Cde Sectins 72246, 72506, 76355, 76401, 76403; Title 5 Sectins 53411, and It is the plicy f Pasadena Area Cmmunity Cllege District that Sstudent health services shall be prvided t cntribute t the educatinal aims f students by prmting physical and emtinal well-being thrugh health-riented prgrams and services. The District shall assure that students are cvered by accident insurance in thse instances required by law r cntract. The Superintendent-President shall establish prcedures necessary t assure cperatin with lcal public health fficials in measures necessary fr the preventin and cntrl f cmmunicable diseases in students. Date Revised: (Replaces current PCC Plicy 4300 and Blue Bk Plicy 6045: PCC Plicy 4300 titled Student Health Services and Psychlgical Services apprved by the Bard f Trustees n July 21, 1999 and revised n September 2, 2009 )

8 AP 5200 Pasadena Area Cmmunity Cllege District Administrative Prcedure Chapter 5 Student Services AP 5200 STUDENT HEALTH SERVICES & PSYCHOLOGICAL SERVICES Reference: Educatin Cde Sectins and Student Health Services Under the directin f the Crdinatr f Student Health Services (in cnsultatin with the designated clinic physician), health services ffered include clinical care services, health educatin, mental health services (referral t the Psychlgical Services as needed), and cmmunity referrals. Health services shall be available t currently enrlled students upn request. Emergency care fr sudden illnesses r accidents will be prvided t students when requested r needed. Prfessinal health care prviders and/r student trainees under their direct supervisin will prvide health services. Prfessinal health care prviders will determine the extent and type f services rendered as well as the level f apprpriate participatin in Cllege curses and activities based n the student s health cnditin. Student Health Services cperates with lcal health fficers in measures necessary fr the preventin and cntrl f cmmunicable diseases in students and cmplies with any immunizatin prgram required by State Department f Health Services. Student Health Fees are mandatry and depsited in the restricted Student Health Fee Cst Center. Student Health Fees can be increased at the same percentage increase as the Implicit Price Deflatr fr State and Lcal Gvernment Purchase f Gds and Services. Student Health Fees can be exempt fr students wh depend exclusively n prayer fr healing in accrdance with the teachings f a bna fide religius sect, denminatin, r rganizatin, r are in an apprved apprenticeship training prgram. Student Health Fees are exempt fr special part-time students enrlled in curses which are ffered at the high schl and are designated fr the Dual Enrllment Prgram. The District will prvide students with accident insurance and will fund this thrugh a prtin f the Student Health Fees cllected.

9 Student Health Fees will nt be expended n athletic trainers, athletic insurance, medical supplies fr athletics, physical examinatins fr intercllegiate athletics, ambulance services, health prfessinals salaries fr athletic events, any deductible prtin f accident claims filed fr athletic team members, r any ther expense that is nt available t all students. The District will maintain health services at the same level as thse services ffered during the fiscal year (Educatin Cde Sectin 76355). If the cst t maintain that level f service exceeds the fees cllected, the excess cst shall be brne by the District. Psychlgical Services Psychlgical services strictly adhere t the ethical standards f the American Psychlgical Assciatin and the legal requirements f the Califrnia State Bard f Psychlgy. Psychlgical services are available upn request t students in the term in which they are enrlled. Crisis interventin services will be prvided t students when requested r needed. The psychlgical services prvider will be the Cunseling Psychlgist (wh is a licensed psychlgist) r a psychlgy intern wrking under the direct supervisin f the Cunseling Psychlgist. The extent and type f psychlgical service prvided will be determined by the psychlgical services prvider. Emergency psychiatric evaluatin services may be prvided fr students by an utside agency upn the recmmendatin f the psychlgical services prvider. Emergency cnsultatin r referral t a cmmunity agency may be prvided t staff when requested r needed. Psychlgical services staff shall remain current in the ethical, legal, and psychtherapeutic standards f psychlgical care. Date Revised: (Replaces PCC Prcedures and : PCC AP and revised July 21, 1999 and revised n September 2, 2009 )