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SEXUAL ASSAULT INCLUDING RAPE
De Anza College will not tolerate any form of sexual assault, including rape, on college property or at any college- sponsored event. The college realizes that these situations may or may not be deemed criminal offenses and therefore may have to be handled both internally through college administrative action and externally by the appropriate law enforcement agency. Within the college, allegations of sexual assault or rape will be fully investigated by the college administration. Disciplinary sanctions may include suspension or expulsion for students or suspension or termination for employees.
The standards of conduct for students and the applicable sanctions for violating those standards are outlined in the policies and procedures of the Foothill-De Anza Community College District, including
■ Administrative Procedure 5510: Student Code of Conduct
■ Administrative Procedure 5520: Student Due Process and Discipline
■ Administrative Procedure 5500: Student Rights and Responsibilities
■ Board Policy 4630: Sexual Assault Policy
Decisions regarding discipline of employees will be made in accordance with applicable legal and contractual provisions and procedures.
When a victim of rape or any other sexual assault chooses to go to contact a counselor or the offices of Psychological Services or Health Services, the strictest confidentiality will be maintained. If the victim decides to report the incident to the appropriate law enforcement agency, the college will make every effort to ensure that it will be handled in the most private and confidential manner as possible.
SEXUAL HARASSMENT*
Members of a college community – students, faculty, staff and visitors – must be able to study and work in an atmosphere of mutual respect and trust. It is the policy of the Foothill- De Anza Community College District to
provide an educational, employment and business environment free of unwelcome sexual advances, requests for sexual favors, and other conduct or communications constituting sexual harassment as defined or prohibited by federal and state law.
Sexual harassment may include, but is not limited to
■ Conduct of a sexual nature that
is explicitly or implicitly made a term or condition of an individual’s employment or education
■ A decision based on the submission to or rejection of a sexual advance
■ Verbal or physical conduct of a sexual nature that interferes with an individual’s performance or creates an intimidating work or educational environment
Immediate action shall be taken against anyone determined to be in violation of this policy. Anyone who believes they have been a victim of sexual harassment may file a complaint within one year of the date on which they knew or should have known of the facts of the sexual harassment incident.
Complaints of sexual harassment shall be handled according to the district’s policies and procedures, including Administrative Procedure 4640: Procedures to Resolve Complaints Regarding Harassment and Discrimination. Such complaints can be directed to the dean of Student Development and EOPS at 408.864.8218 or the Title IX coordinator at 408.864.8945.
STUDENT CONDUCT AND DUE PROCESS
De Anza College students are afforded the rights and privileges outlined in the college's Student Rights and Responsibilities Policy (Foothill-De Anza district Board Policy 5500 and Administrative Procedure 5500). At the same time, students must assume responsibility for their personal conduct and meet the obligations in the college's Student Code of Conduct (Administrative Procedure 5510) and Due Process and Discipline Procedures (Administrative Procedure 5520).
Students can find more information in the Student Rights and Responsibilities
Policy, which can be obtained from the Office of College Life or the offices of the college President, Vice President of Instruction, Vice President of Student Services or Dean of Student Development.
STUDENT GRIEVANCE PROCEDURES
De Anza College strives to treat all students fairly, but as in any complex organization, conflicts and misunderstandings may arise from time to time. As a student, you have certain rights under the rules and regulations of the college, the Foothill- De Anza Community College District and the state of California.
If you feel that your rights have been violated by the college, you have the right to seek a resolution. The district board of trustees established Administrative Procedure 5530: Student Grievances to provide an avenue for relief. De Anza’s student grievance procedures are summarized in the following steps.
Step 1: First try to solve the problem informally with the instructor or staff member. You must confer with the others involved and try to resolve the problem. Step 2: If you are unable to resolve the issue after Step 1, you must meet with the manager of the other person involved in the dispute – either the division dean for a faculty member or the supervisor for a college administrator or classified professional staff member. Step 3: If the situation is still unresolved, you must confer with the vice president who oversees the division dean or supervisor, or with the vice president’s designee.
Step 4: If you still aren't satisfied, you may consult with the dean of Student Development or designate, and if they advise that your complaint is appropriate for the grievance process, you may file a formal grievance form. You will need to provide the specific rule or law that you feel was violated, as well as the details of the situation and copies of any pertinent documents. Don’t delay: You must file no more than 30 days after learning of the event or the latest of a series of events that form the basis of the grievance. In addition, you must file within a year after the alleged violation occurred,
* Foothill-De Anza’s Administrative Procedures: Investigation and Resolution of Complaints Regarding Harassment and Discrimination, Procedures to Resolve Student Complaints of Sexual Harassment and Discrimination, and the district’s Unlawful Discrimination Complaint forms are available in the president’s office, the office of the vice president for Student Services, the district human resources office, and the district chancellor’s office. Detailed information regarding the sexual harassment, mutual respect, and ADA policies are located at the following campus locations: the president's office, the office of the vice president for Student Services and the office of the dean of Student Development in Student Services.
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2O20-2O21 DE ANZA COLLEGE CATALOG