First and foremost: Student health and safety, and the protection from crimes, is essential. Individuals should seek assistance from a medical provider and/or law enforcement as soon as possible after an incident, when needed. Prompt reporting is the best option for safety and also to ensure the preservation of evidence and for the identification and location of witnesses.

Students may make a report of the incident(s) to CCA , either to a CCA designated officer or through CCA Cares.

Seek supportive measures. Supportive measures are available, even if you decide that you don't want to pursue a formal complaint. Supportive measures may eliminate the behaviors you're experiencing, and they can include but are not limited to: a mutual no contact directive, reasonable safety accommodations, changes to on-campus work assignment/ location/ schedule or adjustments to dining hall/ recreation center schedules, etc.

Check out the Key Resources for Help.

Disclosing experiences of sexual harassment or sexual misconduct are taken seriously. All community members have an obligation and responsibility to report knowledge of sexual harassment or sexual misconduct. When deciding whom to speak to, consider the private and confidential resources available.

Check out Reporting Procedures for making a report and how you can discuss sexual misconduct, without making a formal report.

First and foremost: Student health and safety, and the protection from crimes, is essential. Individuals should seek assistance from a medical provider and/or law enforcement as soon as possible after an incident, when needed. Prompt reporting is the best option for safety and also to ensure the preservation of evidence and for the identification and location of witnesses.

Students may make a report of the incident(s) to CCA , either to a CCA designated officer or through CCA Cares.

Students should make reports of the incident(s) as soon as the incident(s) of sexual misconduct become known.

Seek medical attention as soon as possible.

If you believe that you have experienced non-consensual sexual contact, but are unsure of whether it was a violation of the College’s sexual misconduct policy, you can refer to the Legal Definitions of Sexual Misconduct or contact a trusted administrator who can help you to define and clarify the event(s), and advise you of your options.

CCA is committed to assisting students throughout the Title IX processes as outlined in the policy. Efforts will be made to respect the privacy of all persons involved in this process in a manner consistent with the need for a thorough review of the report and carrying out the processes.

This means that the information related to a report under the policy will only be shared with a limited circle of individuals who, in the judgment of CCA, have a “need to know” basis in order to assist CCA and/or its designees in its investigation and response, and to prevent the recurrence of any such conduct found to have been committed.

If there is a request that the names remain confidential, CCA will consider whether it can investigate and respond to the report in a manner that is consistent with that request. However, CCA’s ability to fully respond to the incident may be limited, and so that CCA can meet its desire to protect students, CCA cannot guarantee complete confidentiality.

CCA is also required by law to report certain types of reported sexual misconduct in its annual crime statistics report. Neither names, nor other identifying details of the incident, will be made public in the annual crime report.

CCA is also required by law under certain circumstances to report any incident that might be classified as a violent crime, hate crime, or sexual assault to law enforcement. However, it is up to the Complainant on whether or not to separately file his or her own report with the Police and/or to contact Rape Trauma Services.

Except if required by governmental agencies, CCA will not disclose a victim’s identity unless the victim consents to being identified after being informed of their right to have identifying information withheld. If a victim does not consent to disclosing their identity, the alleged perpetrator’s identity will not be disclosed either, unless required by governmental authorities.

Anonymous reports, or reporting without disclosing the reporter’s name, can be made, but anonymous reporting is not the preferred way. Depending on the information received, CCA’s ability to respond to an anonymous report may be limited. The Title IX Coordinator and/or Deputy Title IX Coordinator(s) will review anonymous reports received and determine whether an investigation and response is appropriate.

Students who would like to speak to someone in confidence about an experience of sexual misconduct or about another’s experience of sexual misconduct, should contact off-campus rape crisis counselors, domestic violence resources, private agencies, external mental health agencies and external clergy members. Persons may also speak in confidence to licensed psychologists or counselors who provide service through CCA’s Counseling Services.

Yes, if you want formal disciplinary action to be taken against the alleged assailant.

No, if you choose to respond informally and do not file a formal complaint.

Survivors should be aware that not identifying the assailant may limit the College’s ability to respond comprehensively.

Yes, if you file a formal complaint.

Sexual misconduct is a serious offense and the accused student has the right to know the identity of the complainant/alleged victim. If there is a hearing, the College does provide options for questioning without confrontation. The answer is only no if no specific name or identity is provided. In this situation the issue is counted in the College’s reporting data, but no formal investigation or confrontation can be conducted.

It is a violation of CCA policy to retaliate against any person making a report of possible sexual misconduct, or against any person cooperating in the investigation of any report of possible sexual misconduct. Retaliation against any member of the CCA community may result in disciplinary action, including termination of employment or expulsion from CCA. Please immediately report any retaliation just as you would report sexual misconduct.

It is never okay to force, threaten or coerce someone into having sex against their will, even if they are in a relationship. Just because you have been intimate with someone in the past does not automatically mean you give consent for any and all future sexual activity.

Refer to Legal Definitions of Sexual Misconduct for further clarification.

In the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents.

If the student is under age 21, the College has a Parental Notification Policy to enhance campus safety, student health and wellness, and academic success. In accordance with the Higher Education Amendments of 1998, the College is permitted to disclose to the parents/guardians of a student who is under age 21 if a true health or safety emergency exists, in order to protect the student or others.

Do not contact the alleged victim. If you are a student, you must contact the Jeannine Szamreta, Deputy Title IX Coordinator. The Deputy Title IX Coordinator will explain the College’s procedures for addressing sexual misconduct complaints and provide the option to select an Advisor from the list of trained Advisors, explain the rights and responsibilities of the Complainant and Respondent, explain the prohibition against retaliation, and explain the Hearing Board process.

If you are an employee, contact Human Resources or a Deputy Title IX Coordinator and seek guidance. You are entitled to utilize an Advisor as support at any stage of the process.

The Respondent is presumed not responsible for the alleged conduct until a final determination is made by the appointed fact-finder(s); and a reminder that both parties will have the opportunity to review the investigative report and evidence prior to the hearing and an opportunity to bring an advisor/support person of their choice to the hearing. Both parties are sent a copy of the CCA Sexual Misconduct Policy and the supplement.

Refer to What Happens After a Report is Made for more details.

Please reach out to Jeannine Szamreta, Deputy Title IX Coordinator. The Deputy Title IX Coordinator can review and implement appropriate supportive measures to support you during the investigation process. More information on supportive measures is found on this page.

Additionally, professional, confidential counseling is available at CCA free of charge to all students. Counseling can help students cope with personal issues and assist them in meeting the challenges of a creative academic environment. CCA’s Counseling Services offers brief individual therapy, crisis intervention, assessments, and referrals to community resources.

To make an appointment with a counselor, visit this page.

CCA’s primary concern is the health and safety of its students. When conducting an investigation of an alleged sexual assault, the College’s focus will be on addressing the sexual assault and not the lesser policy violations that may be discovered or disclosed. The College may, however, provide referrals to counseling or require other educational options.

CCA encourages the reporting of conduct prohibited under this policy. A student who reports sexual misconduct, either as a Complainant or a third-party witness, will not be subject to disciplinary action by CCA for the person’s own personal consumption of alcohol or drugs, or other nonsexual misconduct, that happened at or near the time of the incident, unless CCA finds the violation(s) to be egregious, including but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating or academic dishonesty.

Yes, it is against CCA’s Sexual Misconduct policy to engage in any sexual activity with someone who is mentally or physically incapacitated, and therefore incapable of giving consent. Alcohol may cause such a state of incapacitation. However, it varies on a case by case basis. For a variety of reasons it is not advisable to engage in sexual activity while intoxicated. When one or both parties are intoxicated, people tend to misinterpret another’s sexual intentions and often proceed before the issue of consent has been clarified.

“Affirmative consent,” means affirmative, conscious, and voluntary agreement to engage in sexual activity. This means that consent must be given without coercion, force, threats, or intimidation.

It also means that consent cannot be given when a person is deemed to be incapacitated. Being intoxicated by drugs or alcohol does not diminish one’s responsibility to obtain consent. The factors to be considered when determining whether consent was given include whether a person knew or should have reasonably known that the other person was incapacitated.

Refer to Legal Definitions of Sexual Misconduct to learn more about when a person cannot freely give consent.

Yes, you may take action through both the campus disciplinary system and the criminal justice system. The College encourages Complainants to pursue criminal action for incidents of sexual harassment or misconduct that may also be crimes under California law. In every case of sexual violence, the College, through the Public Safety, will notify the Police Department of the allegations. The College will also assist a Complainant in making a criminal report and will cooperate with law enforcement agencies if a Complainant decides to pursue the criminal process to the extent permitted by law. However, a Complainant may also choose not to pursue criminal action, and under most circumstances, the Police Department will not force a Complainant to pursue charges if they are not willing to do so.

The filing of a report under this policy is independent of any criminal investigation or proceeding that may take place by governmental authorities or law enforcement, and both CCA and criminal investigations may be pursued simultaneously.

The internal reporting options and procedures of the College are not the equivalent of nor a substitute for making a report to the police or law enforcement agencies.

Students who believe they have experienced sexual assault or violence should consider to also report such matters to external agencies that can help with reporting for the prosecution and criminal enforcement of the law. (i.e., the police, District Attorney's office, a rape-crisis counseling center, etc.)

In the event of a criminal investigation, the College will communicate with law enforcement in a manner that does not interfere with the criminal investigation. At the request of law enforcement, the College may temporarily defer the internal proceedings of the College to allow for criminal investigation and/or handling of reports by governmental authorities.

Students may also chose to decline to notify law enforcement authorities; however, CCA may be required by law to report incidents that involve violence, hate violence, and/or sexual assault, to law enforcement authorities, including those incidents that occur on-campus and off-campus.

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by email using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. The College will accept anonymous complaints however the College will be limited in its ability to address the concerns without identifying reporting parties to obtain supporting information.

Complaints of discrimination, harassment, including sexual harassment or sexual assault, and/or retaliation involving students or student visitors should be reported promptly:

• By submitting a CCA Cares form; or
• By submitting a written complaint by email to one of the Intake Officers Designated for Students

Complaints of discrimination, harassment, including sexual harassment or sexual assault, and/or retaliation that involve employees (faculty and staff) or visitors to the College (e.g., contractors, vendors, volunteers or non-student guests) should be reported promptly to:

To report matters that involve sexual misconduct by a faculty member of the College against a student:

• Deputy Title IX Coordinator (for student/faculty cases): Dominick Tracy, Associate Provost for Education Effectiveness, 510.594.3794 or by email dtracy@cca.edu

To report matters that involve sexual misconduct by a staff member of the College or third party against a student:

• Maira Lazdins, Title IX Coordinator: hr@cca.edu or 510.594.3700

Check out Reporting Procedures for more information.

Upon receipt of a report or of conduct, whether oral or written, of an alleged violation, the Dean of Students, or designee, or the Vice President of Human Resources, or designee, will begin a preliminary investigation and determine if there is enough information to merit a formal investigation and subsequent disciplinary process regarding the allegation. They or a designee, will separately meet with the complainant and the respondent, if necessary, to explain the investigative process and do an initial inquiry. They will then determine in a formal complaint will be filed, and whether the Title IX policy will be applied.  Some investigations may not fall under the Title IX policy, but may still constitute a violation of the Student Code of Conduct, or Employee Handbook, or Faculty Handbook.

The Title IX Coordinator and/or the Deputy Title IX Coordinator will decide whether the matter requires further proceedings; whether to accept the recommendations for sanctions/corrective action (if any); or whether to issue or recommend to an officer of CCA, different or alternative sanctions/corrective action.

The Title IX Coordinator and/or the Deputy Title IX Coordinator can recommend to the proper CCA officer any sanctions against a student who committed sexual misconduct that are appropriate based on the results of the investigation. These include cease and desist and stay away instructions; warnings, disciplinary probation, suspension, expulsion, revocation of admission and/or degree, or withholding a degree, or any lesser sanctions.

The Title IX Coordinator, or designee as assigned by the Title IX Coordinator, can recommend to the proper CCA officer, any sanctions against a faculty or staff member or other non student person deemed to have committed sexual misconduct, which are appropriate based on the results of the investigation. These include cease and desist and stay away instructions, warnings, censure, disciplinary probation, suspension, or dismissal from employment or from any other relationship with the College or any other lesser sanctions.

Past violations of the responsible student may be considered in the determination of an appropriate resolution. CCA will also consider whether the action will bring an end to the violation in question, whether it will reasonably prevent a recurrence of a similar violation and/or whether it will mediate any effects the violation had on the Complainant and the CCA community.

Examples of interim measures include:

• Issuance of a “no-contact” order or directive that restricts persons from having contact with one another in person or through electronic means;
• Change in class schedule;
• Change in student residence;
• Change in student-related employment;
• Rescheduling of exams or assignments (in conjunction with appropriate faculty);
• Voluntary leave of absence;
• Providing escort services for movement between classes and CCA activities;
• Interim suspension or CCA-imposed leave;
• Administrative hold on student accounts, including a hold on the release of transcripts while an investigation is pending;
• Denial of access to campus, campus facilities and/or CCA activities; and
• Other measures.

These measures may also be part of the plan of final measures that are required by the Outcome Letter.

An Advisor serves to guide the Complainant and Respondent through the investigation, agreed resolution, and/or hearing process and may accompany the student to any meetings associated with the investigation.  The Advisor is not an advocate for the student in the proceedings and may not direct questions to or otherwise address the facilitator, Investigator or Disciplinary Hearing Board (DHB), but may consult with the student that they are assisting. The advisor is obligated to maintain the confidentiality of the nature of the allegation(s), the content of the student discipline process, and the privacy of the Complainant, Respondent, and any witnesses known to the advisor. A list of individuals who have volunteered and have been trained to serve as advisors in sexual assault, sexual misconduct, and sexual harassment cases is available from the Dean of Students, or designee, to both the Complainant and Respondent. Students are strongly encouraged to choose an advisor to assist them in the student discipline process. It is the student’s decision if they want an advisor and who that advisor will be. Students may be accompanied by an advisor of their own choice and are not limited to the list provided by the Dean of Students or Designee.

The College will conduct an intake meeting with the reporting student in order for the student to be able to inform the College about the incident(s) of sexual misconduct and to give the College an opportunity to provide support.

After there is a report of an incident, in many but not all cases, the College will schedule a meeting with the Respondent. If the Respondent is a student of CCA, the Intake Officer will normally hold the meeting with the Respondent. If the Respondent is a faculty member of CCA, the Title IX Coordinator and/or the Associate Provost may assign an Intake Officer or other person to meet with the Respondent.

The Intake Officer may also collect additional information or speak with any person(s) that may have relevant information concerning a reported incident, in an effort to gather preliminary information to make an initial assessment of the matter. The preferences of the Complainant and the Respondent as witnesses to be interviewed may be stated by them and will be taken into consideration by the Intake Officer.

The Intake Officer will then consider the nature of the report, the safety of the individuals involved and of the campus community, the Complainant and Respondent’s expressed preferences for resolution, and will make a recommendation to the Deputy Title IX Coordinator on whether the matter can be resolved without further investigation or whether to refer the matter for further investigation.

Interim or support measures will be considered and implemented at the discretion of Deputy/Title IX Coordinator, or the Intake Officer if so designated by the Deputy/Title IX Coordinator, in order to protect students and maintain a safe and healthy environment at the College. Interim or support measures, which may be applied to the Complainant and/or the Respondent.

Refer to What Happens After a Report is Made for more information.