The Campus Sexual Violence Elimination (SaVE) Act
What is the “SaVE Act?”
- This means Sexual Violence Elimination (SaVE) and is about violence against women;
- It expands the 1992 sexual violence reporting and policy;
- Became law March 2013, the Campus SaVE Act has four central components:
- Identify the institution’s Campus Security Authority personnel
- Create a Campus Sexual Assault Victim Bill of Rights;
- Expand sexual crime reporting on campus;
- Ensure the college has standard operating procedures for handling incidents of sexual violence.
Background Information about the Jeanne Clery Act
- The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (commonly referred to as the “Clery Act”), named after a 19-year old freshman at Lehigh University;
- Jeanne Clery was raped and murdered April 5, 1986 in her residence hall;
- Perpetrator another student she did not know;
- Death led to national awareness of campus crime Federal Jeanne Clery Act.
Jeanne Clery Act Colleges/universities must comply with the following:
- Annual Security Report;
- Statements of policy;
- Campus crime statistics;
- Campus Sexual Assault Victim Bill of Rights
- SaVE Act Statistics;
- Ongoing Disclosures;
- Emergency notifications;
- Timely warnings;
- Public Crime Log;
The U.S Department of Education enforces the Clery Act.
Victims of sexual assault will have the right to the following:
- Reasonable changes to the academic and living situations;
- Referrals to counseling, assistance in notifying law enforcement;
- Same opportunity as accused to have others present at disciplinary hearing;
- Unconditional notification of outcomes of hearing, sanctions and terms of sanctions in place;
- Opportunities and assistance to speak (or choose not to speak) to anyone regarding the outcome;
- Name and identifying information kept confidential (FERPA).
Campus SaVE: Violence Against Women Act (Sect. 304): Crime Statistics
- The SaVE Act adds the following offenses to the list of criminal offense for which statistics must be reported:
- Domestic violence
- Dating violence
- Sexual assault
- A student or employee who reports to an institution of higher education that she/he has been a victim of these crimes, whether it has occurred on or off-campus, shall be provided with a written explanation of his or her rights and options.
Who is a Campus Security Authority?
- The District Police;
- The Vice President of Student Services;
- The Vice Chancellor of Human Resources located at the WVMCCD Human Resources Office;
- The Director of Student Development;
- Faculty or staff advisors to the ASO (Associated Student Organization) & authorized clubs;
- Your Coaches and/or the Athletic Director.
Examples of who is not a Campus Security Authority
- We want to make sure your privacy and rights are protected so it is important to know who cannot serve as a “Campus Security Authority”:
- A faculty member who does not have responsibility for a student or campus activity beyond the classroom;
- Support staff;
- Cafeteria staff;
- Custodial or maintenance staff.
Note: When in doubt, ask a counselor to direct you to the right person.
Definition of Important Terms to help you understand the following:
- Sexual Assault
- Domestic Violence
- Dating Violence
What is “consent?”
- Consent is an act of reason and deliberation;
- A person who has sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another;
- Consent assumes that a person has the physical power to act and can reflect, and be unencumbered in exerting these powers;
- To be consensual, there must be ". . . positive cooperation" and "the person must act freely and voluntarily . . ." (See California Penal Code, 261.6 for complete definition).
- Sexual assault means conduct in violation of one or more of the following California penal code sections:
- Section 261—rape;
- Section 261.5—statutory rape; 264.1—rape in concert;
- Section 285—incest;
- Section 286—sodomy;
- Subdivision c of section 288—lewd or lascivious acts upon a child; 288a—oral copulation; 289—sexual penetration; or 647.6—child molestation.
Domestic Violence/Family Violence
- Domestic violence means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, "cohabitant" means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to:
- Sexual relations between the parties while sharing the same living quarters;
- Sharing of income or expenses;
- Joint use or ownership of property;
- Whether the parties hold themselves out as husband and Wife;
- The continuity of the relationship, and (6) the length of the relationship.
(For complete information see California Penal Code Section 13700)
- Dating violence includes any abuse, mistreatment, or sexual contact without consent at any stage of a dating relationship.
- For resources and references please refer to the following:
- Title 4 Protective Orders and Family Violence Code
- A Guide to Confidentiality and Reporting Laws in California
- Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, of his or her immediate family.
- The Elements of Stalking:
- A person willfully, maliciously, and repeatedly followed or harassed another person;
- That person following or harassing made a credible threat;
- The person who made the threat did so with the specific intent to place the other person in reasonable fear for his or her safety or the safety of the immediate family of such person(s).
- For more info see California Penal Code 646.9
What happens when you report a crime to our police on campus?
- Campus police will write a report and inform the proper on-and off-campus authorities, including Human Resources especially in cases of sexual assault;
- The police will investigate this and they will cooperate with the local police, District attorney, and other appropriate agencies;
- If you are a current student at West Valley, the police will report it to the Vice President of Student Services (VPSS). If another student is involved, the VPSS will follow appropriate disciplinary procedures; if it involves a staff member or faculty, Human Resources will handle the case;
- VPSS or Director of Student Development will need to meet with you and obtain your statement. VPSS will work with the District Police to investigate the reported crime;
- VPSS or Director of Student Development will provide you information about appropriate support services and resources;
- You will be highly encouraged to reach out to the College’s Health Services professional staff;
- The HS staff will follow up and ask to meet with you.
- You have the right to know that your case will be handled appropriately. This means other off –and on-campus authorities may be involved;
- The District/college is required to ensure that disciplinary procedures for such cases must clearly state that the proceedings will:
- “Be conducted by officials who receive annual training on the issues related to”:
- The four types of cases: domestic violence, dating violence, sexual assault, stalking;
- How to conduct an investigation “that protects the safety of victims and promotes accountability”;
- How to conduct a hearing process “that protects the safety of victims and promotes accountability.”
Campus SaVE: Prevention Program Components
- Primary prevention and awareness programs for all incoming students and new employees, which shall include the applicable jurisdiction’s “definition of consent in reference to sexual activity.”
Safe and positive options for “bystander intervention” targeted to “prevent harm or intervene” in cases of domestic violence, dating violence, sexual assault or stalking;
Information on “risk reduction” to recognize warning signs of abusive behavior and how to avoid potential attacks.
Prevention & Awareness
- As an institution of Higher Education, West Valley College must engage in “ongoing prevention and awareness campaigns for students and faculty” pertaining to:
- Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking;
- Provide resources and referrals to on and off-campus services.
How to Report to Authorities
- If you have experienced any of these crimes or have witnessed any of these crimes on campus, you may remain anonymous when reporting;
- Call 911 or call the West Valley-Mission Community College District police at 408 741-2092;
- When asked for your name, if you want to remain anonymous, identify the call as a SaVe Act call.
- Complete the Student of Concern Incident Report
- Do you know and trust the person before entering in a dating relationship?
- Are you extra cautious when meeting people on-line?
- When you go out, do you make a habit of telling your friends, parents or someone you trust where you are going, with whom and when you expect to be back?
- Do you know your limits and express them?
- Do you avoid drugs and alcohol?
- Do you know and understand the characteristics of a healthy relationship?
- Do you know where to go for on campus support and assistance?
The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act 20 U.S.C. § 1092(f), is a federal law that requires colleges and universities to disclose information about campus crime and security policies. The full Jeanne Clery Act Annual Security Reports are available on the WVMCCD District Website.
Clery Act Statistics
|Motor Vehicle Theft||2||0||0||0||0||0||0||0||0|
Sex Offenses Non-Forcible
Sex Offenses – Forcible
|sodomy, sexual assault, w/ object, oral copulation||0||0||2||0||0||0||0||0||0|
|Sex Offenses - Forcible||0||0||0||0||0||0||0||0||0|
|Sex Offenses - Non- forcible||0||0||0||0||0||0||0||0||0|
|Motor Vehicle Theft||0||0||0||o||0||0||0||0||0|
Title IX: Sexual Harassment and Assault
West Valley College provides a safe environment that supports learning and encourages all students to pursue their goals and successfully achieve them. This means the College does not tolerate sex discrimination—including sexual harassment and violence—and is committed to empowering all students and employees to take actions to eliminate sex discrimination on campus and to know how to get help if sex discrimination occurs. The College has a Title IX team that is prepared and ready to help!
What is Title IX?
Title IX of the Education Amendments of 1972 protects students, employees, and other persons at the college from all forms of sex discrimination, including sexual harassment; discrimination based on gender identity or on not conforming to stereotypical notions of masculinity or femininity; sexual assault; domestic violence; stalking; or other types of sexual misconduct (S. Department of Education, Office for Civil Rights, Title IX Resource Guide (Apr. 2015). Title IX protects women and men, students and employees—it protects all of us!
Report a Complaint
You may be afraid or confused. The college respects and recognizes this, but the only way to stop sexual violence is to identify it when it happens and to take steps to stop it from happening again. When any faculty, staff, or employee (except for those required to be confidential) hears of an incident of sexual harassment or sexual assault, he or she should follow college protocol: immediately report it to your supervisor. Your supervisor should report it to the appropriate college administrator (Dean or Vice President), who will then inform the District Title IX Coordinator, the Vice Chancellor of Human Resources. It is important to provide as much information as possible. Reports must be documented in writing. WVC has a general complaint form available online.
Need to Talk With Someone Confidentially?
Because the College takes sexual harassment and sexual violence seriously, employees are required to report all incidents of sexual harassment and sexual violence. Situations that are related to or affect students, should be reported immediately to the Vice President of Student Services who will work directly with the Vice Chancellor of Human Resources. Situations that are related to or affect employees, should be directed to the Human Resources. Whenever possible, follow the protocol described in “Report a Complaint” section. It is also important to seek available resources and speak with professionals who may provide assistance and referrals.
All West Valley College students may utilize the services available on campus. Personal and mental health counseling is free to all registered West Valley College students. If you want to speak with someone at the College about an incident of sexual harassment or sexual violence but you don’t want to report the incident at that time, you can speak confidentially with our staff in the Health Services or the Counseling Center. The professional staff at Health Services and Counseling are confidential and well trained to provide you guidance and referrals. It is very likely they will encourage you to file a report, but their most important role is to listen and provide support.
- Student Health Services: (408) 741-2027
- Counseling Center: (408) 741-2009
You may also send an email to askwvcFREEWEST_VALLEY The content of your email may simply indicate, “this is a Campus SaVE situation,” or "this is a Title IX situation."Your email will be forwarded to our online counselor who will initially contact you online and refer you to Health Services or a personal face-to-face appointment with one of our counselors.
What Can Students Do To Stop Sexual Violence?
We all can make a difference in stopping sexual violence. Most sexual assaults and rape are committed by someone the victim knows, not by a stranger, and many involve situations where drinking and drug use is occurring. Here are some important tips to remember:
- Talk to your friends honestly and openly about sexual assault.
- Don’t just be a bystander. If you see something, intervene in any way you can
- Trust your gut. If something looks like it might be a bad situation, it probably is.
- Be direct. Ask someone who looks like they may need help if they are okay.
- Get someone to help you if you see something—like a friend, a bartender, or host to help step in.
- Keep an eye on someone who has had too much to drink.
- If you see someone who is too intoxicated to consent, enlist their friends to help them leave safely.
- Recognize the potential danger of someone who talks about planning to target another person at a party.
- Be aware if someone is deliberately trying to intoxicate, isolate, or corner someone else.
- Get in the way by creating a distraction, drawing attention to the situation, or separating them.
- Understand that if someone does not or cannot consent to sex, it’s rape.
- Never blame the victim.
The college also has information regarding the Campus SaVE Act. For more info about what you can do to understand the law and protect yourself, please visit the Student Right Know: Campus SaVE Act
To join thousands of people across the country in signing a pledge to end sexual violence, go to https://www.itsonus.org/.
To learn more about what you can do, check out the following resources:
- Circle of 6: A Free App to Keep You Safe
- Step Up: Sexual Assault Bystander Intervention: More Strategies to Stop Sexual Violence
- That’s Not Cool: Dealing with Sexual Harassment in a Mobile World
- Know Your IX: Information on Title IX
If you have additional questions, please contact the Vice President of Student Services at (408) 741-2119 and/or the Vice Chancellor of Human Resources/District Title IX Coordinator at: (408) 741-2060.
What Can Faculty & Staff Do To Stop Sexual Violence?
West Valley College employees and students have many opportunities to attend trainings sponsored by Health Services, often in collaboration with other programs in Student Services. A suite of online simulation training is also available to faculty, staff, and students. Information about Kognito training is available.
The District also provides training opportunities for faculty, staff, and administrators on a variety of important topics such as sexual harassment and preventing a hostile work environment. The training courses are online for convenience. Information about training opportunities are regularly sent to all employees. For more information about training, contact Human Resources.
Be Open and Supportive
When faculty or staff learn about a sexual harassment or sexual violence complaint, the best approach is to listen and then report the complaint as described in the "Report a Complaint" section above. Faculty and staff do not have to decide who is right or wrong or try to fix the issue. Instead, they are critical in maintaining an environment in which students and employees feel safe to share concerns and to report complaints in order to maintain a safe environment.
Protection From Retaliation
All employees who participate as witnesses or advocates in a sexual harassment or sexual violence investigation are protected from retaliation. West Valley College is committed to stopping sexual harassment and sexual assault. Any acts taken against those who report or take a stand against these violations will not be tolerated. If you become aware of an act of retaliation in any form, please contact the WVM District Vice Chancellor of Human Resources/Title IX Coordinator immediately at (408) 741-2060 or contact the appropriate senior administrator (Deans, the Vice President of Instruction or the Vice President of Student Services).
Drug and Alcohol Free Campus
BP 3550 Drug Free Environment and Drug Prevention Program
References: Drug Free Schools and Communities Act, 20 U.S. Code Section 1145g; 34 Code of Federal Regulations Sections 86.1 et seq.; Drug Free Workplace Act of 1988, 41 U.S. Code Section 702
The District shall be free from all drugs and shall prohibit the unlawful use, possession, sale, or distribution of alcohol, narcotics, dangerous or illegal drugs, or other controlled substances, as defined in California statutes, on District property or at any function sponsored by the District or Colleges.
Any student or employee who violates this policy will be subject to disciplinary action (consistent with local, state, or federal law), which may include referral to an appropriate rehabilitation program, suspension, demotion, expulsion, or dismissal.
The Chancellor shall assure that the District distributes annually to each student and employee the information required by the Drug Free Schools and Communities Act Amendments of 1989 and complies with other requirements of the Act.
The Colleges will provide information pertaining to the health risks and effects associated with alcohol and narcotics or other dangerous or illegal drugs. Students may be referred to various on campus programs or outside agencies for support, information, and/or enrollment in a drug recovery program. (Date Adopted: January 17, 2012)
For a first offense of driving under the influence of alcohol and/or drugs, you may serve 96 hours to six months in jail and pay a fine. It is unlawful for anyone with a blood alcohol content (BAC) level of .08 percent or above to drive a motor vehicle or ride a bicycle on a highway.
West Valley College employees may be placed on probation, terminated, and criminally prosecuted for the use, sale or possession of illegal drugs and/or alcohol on campus, or at college-sponsored events.
- For possession of marijuana (one oz. or less), you can be fined up to $100 and receive a criminal citation.
- For possession of marijuana (more than one oz.) you may receive up to six months in county jail, up to a $500 fine, or both.
- For possession of cocaine you can be imprisoned in a state prison.
- For sales of any illegal drug you can be imprisoned in a state prison.
- Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place can be convicted of a misdemeanor.
- It is a misdemeanor crime to sell, give, or furnish alcohol to anyone under 21 years of age.
- Carriers of motor vehicle insurance can increase premiums, cancel or deny renewal as a result of driving-under-the-influence convictions.
Statement of Compliance
West Valley College’s plan for eliminating discrimination and denial of services on the basis of race, color, and national origin (Title VI); sex (Title IX); Disability (Section 504 of the Rehabilitation Act; and the Americans with Disabilities Act (ADA), and for assuring equal access to all students including historically underrepresented groups is quite comprehensive. The groups include, but are not limited to, Asian, African-American, Native American, Hispanics, and persons with disabilities. The college takes pride in providing appropriate services to all students—male and female—from a variety of backgrounds. Every effort will be made to identify and select individuals who are ethnic minorities or disabled. Strategies for overcoming barriers to participation and success are aligned with the requirements of Section 427 of GEPA. The college will ensure the following:
- Produce all instructional/informational materials in various formats: electronic or web-based; written materials will be printed in large print or reproduced in audiotapes, DVD or CD form. Information will also be available in multilingual formats and may also be produced in Braille.
- Use translators or interpreters at orientations, presentations, and instructional activities; and use student ambassadors who have successfully overcome linguistic and/or cultural challenges and disabilities.
- All program materials and information posted in the web and the student portal will be ADA compliant.
- Ensure all staff and faculty receive sufficient diversity training, particularly focusing on understanding the issue of racism, cultural and linguistic challenges, and the needs of individuals with disabilities. Provide a wide array of specialized support options for students with disabilities, captioning, mobility assistance, interpreter, and adaptive equipment; practice a case-management method.
- During recruitment, ensure a diverse pool of applicants, especially those who have overcome barriers.
- Provide a wide array of specialized support options for individuals with disabilities such as: captioning, mobility assistance, interpreters, and adaptive equipment; and provide case-managed supportive services to all participants to ensure they are receiving the full range of assistance they need to fully overcome barriers to successful participation.