College Response to Complaint of Sexual Assault, Dating, Domestic Violence & Stalking
The College’s Vice President of Student Services or designee, shall have primary responsibility for providing information to students regarding procedures for reporting incidents of sexual assault, dating & domestic violence, and stalking and for processing reported incidents of sexual assault, dating & domestic violence, and stalking involving students through the District/College’s Student Discipline Policy and Procedures (5520 Student Code of Conduct, Discipline, and Due Process). The policy and procedures are available on the web (www.peralta.edu) and published in the College’s Student Handbook, which is free to all students.
The Vice President of Student Services or designee shall provide each affected individual with the following: a copy of the District/College policy on sexual assault, including the documents “What to Do If You Are Sexually Assaulted/Raped” and “Victim/Survivor’s Rights,” a list of Campus representatives to be notified if the complainant (victim/survivor) consents, a description of available services and the persons on campus available to provide those services if requested, and a description of procedures for criminal prosecution, civil prosecution (i.e., lawsuit), and College disciplinary procedures (5520 Student Code of Conduct, Discipline, and Due Process; Student Concerns and Complaint Process).
If the accused student and victim/survivor have contact within academic buildings, the Vice President of Student Services or designee will determine whether a directive to refrain from contact with the alleged victim/survivor should be issued to the alleged perpetrator. The Vice President of Student Services or designee will be responsible for making the determination whether interim suspension should be invoked against the alleged perpetrator. The Vice President of Student Services or designee will also work to provide reasonable accommodations to protect the rights of involved parties when an order of protection, restraining order, or similar lawful order has been issued through courts or the college.
At the request of the complainant (victim/survivor) and upon the receipt of a written and signed complaint or verbal report, the Vice President of Student Services or designee shall initiate an investigation and notify the Laney College Sheriff Department at (510) 465‐3514. If the Vice President of Student Services or designee determines that circumstances so warrant, an investigation shall be initiated with or without the consent of the complainant.
The Vice President of Student Services or designee shall notify the appropriate faculty, staff or students, and the alleged assailant that an investigation is underway and provide the names of the parties involved.
Pursuant to the College’s Student Discipline Procedures, the Vice President of Student Services or designee shall conduct a prompt, full, and impartial investigation. The complainant is entitled to due process and shall have an opportunity to present evidence and a list of relevant and material witnesses. The Vice President of Student Services or designee will receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
Both the complainant and the accused student are entitled to be accompanied by the advisor of their choice during any institutional disciplinary proceeding or any related meeting or proceeding. The complainant and the accused student are not limited to the choice of advisor; however Laney College may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
A complaint for sexual assault, dating & domestic violence, or stalking should be filed as soon as possible. The investigation shall generally be completed within twenty (20) instructional days of the receipt of the complaint. The time period for investigation may be extended by mutual consent of the parties or for good cause, including the complexity of the issues under investigation and the unavailability of relevant witnesses due to semester recess. Both the complainant and the accused will be informed of any extension of the investigation. At the conclusion of the investigation, the Vice President of Student Services shall submit a written report to the Vice President of Student Services.
The report shall include a description of the facts, the remedy sought by the complainant, and recommendations for further action if deemed necessary by the Vice President of Student Services. These recommendations shall be based upon the strength of evidence against the accused, the seriousness of action(s) that led to the complaint, and the remedy sought by the complaint. Laney College will use of a “preponderance of the evidence standard” when adjudicating complaints in the disciplinary process. To satisfy this standard of proof, the evidence must show that it is “more likely than not”—i.e., greater than 50% likelihood—that the victim did not consent. If assault is found, Laney College will implement such action as is necessary, including disciplinary sanctions that lead to suspension or expulsion from the College, to correct the situation and to prevent it from recurring. The complainant and the accused will receive written notice of the College’s proposed determination regarding whether an assault occurred and of the disposition of the complaint.
The College will adhere to student disciplinary procedures in processing incidents of alleged sexual assault. The complainant or the accused may request reconsideration of the District/College’s proposed determination by submitting additional relevant evidence, identifying errors of fact or of standards applied in the investigation or determination, or showing that further investigation is necessary. A request for reconsideration of the College’s proposed determination must be made to the Vice President of Student Services in writing within five (5) instructional days of receipt of the Notice of Proposed Determination. The request for reconsideration must clearly specify the basis for making the request.
Within ten (10) instructional days of receiving a request for reconsideration from either the complainant or the accused, the College will provide written notice to the other party that such a request has been made, and will proceed following student discipline appeal procedures.