Chabot College 2024-2026 119 STUDENT RIGHTS AND RESPONSIBILITIES DISTRICT ADMINISTRATIVE PROCEDURE AP 3540 SEXUAL AND OTHER ASSAULTS ON CAMPUS REFERENCES Education Code Sections 67385 and 67386; 20 U.S. Code Section 1092(f); 34 Code of Federal Regulations Section 668.46(b)(11) Any sexual assault or physical abuse, including, but not limited to, rape, domestic violence, dating violence, sexual assaults, 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. (Also see AP 5500 titled Standards of Student Conduct.) “Sexual assault,” “dating violence,” “Domestic violence,” and “stalking” are defined in Administrative Procedure 3434 – Responding to Harassment Based on Sex under Title IX. It is the responsibility of each person involved in sexual activity to ensure that he/she/they has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. These written procedures and protocols are designed to ensure victims of domestic violence, dating violence, sexual assault, or stalking receive treatment and information. (For physical assaults/violence, also see AP 3500 titled Campus Safety, AP 3510 titled Workplace Violence Plan, and AP 3515 titled Reporting of Crimes.) All students, faculty members or staff members who allege they are the victims of domestic violence, dating violence, sexual assault, or stalking on District property shall be provided with information regarding options and assistance available to them. Information shall be available from the College Title IX Officer, who shall maintain the identity and other information about alleged sexual assault victims as confidential unless and until the College Title IX Officer is authorized to release such information. The College Title IX Officer shall provide all alleged victims of domestic violence, dating violence, sexual assault, or stalking with the following: • 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; • 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, or referral to a counseling center; • notice to the police, if desired; • a list of other available campus resources or appropriate off-campus resources. • The victim’s option to: • notify proper law enforcement authorities, including on-campus and local police; • be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and • decline to notify such authorities; • The rights of victims and the institution’s responsibilities regarding orders of protection, no contact orders, or similar lawful orders issued by a court; • Information about how the district will protect the confidentiality of victims; and • Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if requested and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. • 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 College Title IX Officer should be available to provide assistance to District law enforcement unit employees regarding how to respond appropriately to reports of sexual violence.
