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.

A Report provides notice to the College of an allegation or concern about discrimination, harassment, or retaliation and provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures. A Complaint provides notice to the College that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a report and may decide at a later time to make a Complaint. Reports or Complaints of sex discrimination, sex-based harassment, and/or retaliation may be made using any of the following options:

1. File a Complaint with, or give verbal Notice directly to, the Title IX Coordinator or to any member of the Title IX Team. Such a Complaint may be made at any time (including during non-business hours) by using the telephone number, email address, or by mail to the office of the Title IX Coordinator or any other member listed in this Policy.
   
2. Submit a CCA Cares form. Anonymous Notice is accepted, but the Notice may give rise to a need to try to determine the Parties’ identities. Anonymous Notice typically limits the Recipient’s ability to investigate, respond, and provide remedies, depending on what information is shared. Measures intended to protect the community or redress or mitigate harm may be enacted. It also may not be possible to provide supportive measures to Complainants who are the subject of anonymous Notice.

Reporting carries no obligation to initiate a Complaint, and in most situations, CCA is able to respect a Complainant’s request to not initiate a resolution process. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where the College may need to initiate a resolution process. If a Complainant does not wish to file a Complaint, the College will maintain the privacy of information to the extent possible. The Complainant should not fear a loss of confidentiality by giving Notice that allows the College to discuss and/or provide supportive measures, in most circumstances.

To be especially accessible for residential students:

• Danielle Martinez, Residential Education Coordinator for Conduct & Desk Operations: (415) 551-9272 or by email at daniellem@cca.edu

To be especially accessible to all students:

• Abe Leal, Director of Public Safety: 510.594.3781 or by email at abe@cca.edu
• Janeece Hayes, Director of Student Belonging & Inclusion: 415.703.9571 or by email at jhayes@cca.edu
• Joren Plunkett, Assistant Dean of Students for Conduct & Case Management: 415.551.9235 or by email at joren.plunkett@cca.edu
• Noki Seekao, Director of Student Life: 415.703.9591 or by email at noki@cca.edu
• Marcos Garcia, Associate Director of Student Success, Disability Services: 415.551.9236 by email at marcos.garcia@cca.edu

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 at 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

Please note:

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.

It is important to note that the College is not a court of law and does not have authority to criminally prosecute persons accused of sexual misconduct or of named Respondents. 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. The College's reporting options and procedures are a mechanism whereby students and employees may report to the College incidents believed to fall under this Policy in order to enable the College to put in place interim or support measures, or take other preventative or corrective action that will allow students to be able to continue with their education and other College activities without experiencing further sexual harassment or other sexual misconduct. These are preventative measures, not criminal punishments. 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.)
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.

Time Limits on Reporting

There is no time limitation on providing Notice/Complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to CCA’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.

The rescission or revision of policies) may limit CCA’s capacity address, offer supportive measures and/or remedies, and/or engage in informal or formal action.

Specific Information Regarding Incidents Occurring Off-Campus

The Reporting Procedures for incidents to CCA students occurring off-campus is the same as the Reporting Procedures outlined in Sections A and B above.

CCA will do everything feasible to respond to reports of sexual misconduct committed by a person of another institution or entity; however, CCA may be limited in its authority to take actions involving third parties, but it will help students with actions that CCA can take to protect them and help them.

Measures such as no-contact orders, changes in classes or programs of study, excused absences, changes in internships, changes in academic advisors, and so forth can be of help to students who are victims and CCA will consider these as possible effective corrective action for misconduct by persons not under CCA control.

In addition, CCA students whose programs of study involve internships at external locations or non-CCA entities, may also (in addition to reporting to CCA) choose to report incident(s) of sexual misconduct that occur in connection with their internships, by using the policies and procedures available (if any) by non-CCA entities. CCA may work in conjunction with another institute or entity in investigating and resolving reported incidents and will so notify the student if it does on a case-by-case basis.

Anonymous Reporting

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 by CCA and determine whether an investigation and response is appropriate.

Prohibition against Retaliation

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.

False Allegations and Evidence

Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a determination of a Policy violation.

Additionally, witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to discipline under appropriate CCA policies.

CCA is committed to assisting students throughout the processes outlined in this 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 this 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.

Unauthorized Disclosure of Information

Parties and Advisors are prohibited from unauthorized disclosure of information obtained by CCA through the Resolution Process, to the extent that information is the work product of the College (meaning it has been produced, compiled, or written by CCA for purposes of its investigation and resolution of a Complaint). It is also a violation of CCA Policy to publicly disclose work product or a party’s personally identifiable information obtained through the resolution process without authorization or consent. Violation of this Policy is subject to significant sanctions.

Federal Timely Warning Obligations

CCA must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the CCA community.

CCA will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

Amnesty

The CCA community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to give Notice to CCA officials or participate in resolution processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

To encourage reporting and participation in the process, CCA maintains a Policy of offering Parties and witnesses amnesty from minor policy violations, such as underage alcohol consumption or the use of illicit drugs, related to the incident. Granting amnesty is a discretionary decision made by the College, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution.

Students

CCA maintains an amnesty policy for students who offer help to others in need.

Employees

Sometimes, employees are hesitant to report sex discrimination, sex-based harassment, or retaliation they have experienced for fear of getting in trouble themselves. CCA may, at its discretion, offer employee Complainants amnesty from such policy violations (typically more minor policy violations) related to the incident. amnesty may also be granted to Respondents and witnesses on a case-by-case basis.

If a student would like to discuss the details of an incident of possible sexual misconduct, without making a report or record of the incident to the College, or in an otherwise confidential manner, the student should speak with those individuals who hold a relationship with the person of which there is a legal duty of confidence, such as with their physicians, mental health therapists, or clergy members. These individuals generally will maintain confidentiality if they are acting in their capacity as your physician, mental health therapist, or clergy member, except in extreme cases of immediacy of threat or danger, or abuse of a minor.

The staff, faculty and administrators of CCA do not have such a relationship with CCA students, and are required to notify the Title IX Coordinator and/or Deputy Title IX Coordinators when the employee has information about conduct that reasonably may constitute sex discrimination under Title IX, except if they are serving as a licensed mental health provider as described below or an on-campus Victim Advocate.

CCA’s Counseling Center provides confidential psychological counseling services. The CCA Counseling Center staff is not required to forward reports of possible sexual misconduct to CCA’s administrators.

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