Title IX and Sexual Misconduct

Sexual Assault, Sexual Misconduct and Sexual Harassment

Sexual assault, sexual misconduct and "having sex" are not the same.

Sexual assault is an act of sexual violence.

Sexual Violence refers to sexual acts committed against a person's will, or where the person is incapable of giving consent due to a victim’s use of drugs or alcohol resulting in incapacitation or unconsciousness, a victim’s intellectual or other disability, or any circumstance rendering one unaware that sexual activity is occurring. These acts include:

  • Rape
  • Sexual assault
  • Sexual battery
  • Sexual coercion

Sexual assault and sexual misconduct are acts of hostility, power, control, degradation, and violence… not passion. They are attempts to control and degrade others using sex and sexual acts as weapons. Anyone can be a victim of sexual assault or sexual misconduct—women, men, and children. Perpetrators of sexual assault and sexual misconduct can be anyone: a stranger, someone you have known for a long time or someone you have just met.

Saint Mary's College of California insists that all members of its community shall be able to pursue their interests free from sexual assault, sexual misconduct and other forms of sexual harassment. Consistent with the values of an educational and employment environment free from harassment based on sex, the College also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature. Under this policy, sexual harassment includes but is not limited to sexual assault, sexual exploitation, stalking, cyber-stalking, bullying and cyber-bullying, aiding or facilitating the commission of a violation, and retaliation.

This policy pertains to incidents of sexual assault and sexual misconduct between students or where the alleged perpetrator is a student. To report a violation of this policy when the alleged perpetrator is a student, follow the procedures outlined below. To report a violation of this policy when the alleged perpetrator is a faculty or staff member, contact the Assistant Vice President of Human Resources, who is also the Title IX coordinator, at (925) 631-4212. For information regarding reporting other forms of sexual harassment see the Policy Prohibiting, and Procedures for Reporting, Discrimination, Harassment, including Sexual, and Retaliation.

We encourage all members of our campus community to seek support for and report all sexual harassment and sexual misconduct directly to the Saint Mary’s Department of Public Safety, the Campus Assault Resources and Empowerment (CARE) team, the Title IX Coordinator or to the Deputy Coordinators. These individuals will assist in eliminating the misconduct, preventing its recurrence and addressing the effects.

Please see options for immediate actions, options for reporting the incident and getting support and what to consider when making your decision. Regardless of where it is reported, the Title IX Coordinator will vet all complaints. If you need immediate confidential counseling, please contact Saint Mary’s Women’s Resource Center which provides confidential rape crisis counseling to men and women, 24 hours a day, at 925-878-9207.


Saint Mary's College of California is grateful to Amherst College, Amherst Massachusetts, for granting permission to Saint Mary's to use in this website content and information from Amherst's Title IX website.

Whom Can I Call?

While we recognize that a report may emerge through many sources, we encourage those who experience sexual harassment and sexual misconduct to report directly to the Moraga Police DepartmentDepartment of Public SafetyTitle IX Coordinator, Deputy Title IX Coordinator. These individuals will support and provide you with information regarding options, including: grievance procedures, interim remedies, and ongoing emotional support.  These individuals will assist in eliminating the misconduct, preventing its occurrence and addressing the effects.

Saint Mary’s will seek to maintain your privacy at all times during the process consistent with our responsibility to ensure both individual and community safety and our commitment to providing an environment free from sex and gender discrimination. All College employees who become aware of an incident of sexual misconduct will notify the Title IX Coordinator or a member of the Title IX team. The Title IX Coordinator and Title IX team are specifically charged with investigating and responding to allegations of sexual misconduct.

 

Additional Resources Below

NOTE: All of the resources listed below are trained to support students and coordinate with the Title IX Coordinator consistent with the College’s commitment to a safe and healthy educational environment. Saint Mary's values your privacy. Reports of sexual assault will be shared only with individuals with a need-to-know or as required by law.

 

Department of Public Safety

925-631-4282.  Available 24 hours a day/7 days per week.

 

Title IX Coordinator

Eduardo Salaz, Assistant Vice President of Human Resources/Title IX Coordinator (Employees)
925-631-4212els3@stmarys-ca.edu

It is the policy of the College to not discriminate on the basis of sex in its admissions policies, educational programs, activities or employment practices as required by Title IX of the 1972 Education Amendments. Inquiries regarding compliance with Title IX may be directed to Eduardo Salaz, Assistant Vice President of Human Resources and Title IX Compliance Officer, els3@stmarys-ca.edu or to the Director of the Office for Civil Rights, Department of Health, Education and Welfare, Washington, D.C.

 

Title IX Deputy Coordinators

Available during regular office hours. After 5 PM call Department of Public Safety.

Peter Chen, Director of Employee Relations & Compensation and Human Resource Consultation (Employees)
925-631-4102 phc1@stmarys-ca.edu

Evette Castillo Clark, Dean of Students (Students)
925-631-4238 ecc4@stmarys-ca.edu

Kami Gray, Senior Women's Administrator/Associate Director of Athletics (Students)
925-631-4521 kgray@stmarys-ca.edu

 

Campus Resources

Campus Assault Resources and Empowerment (CARE) 24/7 Line: 925-878-9207

Coordinator of Sexual Assault Awareness, Outreach and Education:  925-631-4193
Advocacy, support, information, and resource referral (Mitty Hall, Ground Floor)

Women’s Resource Center:  925-631-4171
Information, advocacy and resource referral (Mitty Hall, Ground Floor)

Title IX Compliance Officer: 925-631-4212

Title IX Officer Designee and Deputy for Students:  925-631-4238
Information about the discipline process & list of advisors (Ferroggiaro Hall 200)

Public Safety Department: Emergency 9-1-1  OR  925-631-4282

General Information/Administration:  925-631-4052

Counsel And Psychological Service (CAPS):  925-631-4364
Confidential Counseling services, support and information (Augustine Hall, Ground Floor)

Health and Wellness Center:  925-631-4254
Medical and information resource (Augustine Hall, Ground Floor)

Coordinator of Community Life:  925-631-4238

 

Community Resources

Contra Costa County Crisis & Suicide Intervention:  800-833-2900
24 hour Hotline

Community Violence Solutions:  800-670-7273
(Contra Costa Rape Crisis 24-Hour Hotline)

National Sexual Assault Hotline:  800-656-HOPE (4673)

www.RAINN.org (Rape, Abuse and Incest, National Network)

STAND! Against Domestic Violence:  888-215-5555
24-hour crisis counseling and emergency resource

Moraga Police Department (24-hour number):  925-284-5010

 

Confidentiality

Whether you were subjected to any sexual misconduct recently or in the past, you are encouraged to use all available support services.

The College will make reasonable and appropriate efforts to preserve a Complainant’s and Respondent’s privacy and to protect the confidentiality of information. Should a Complainant request confidentiality, however please know that the College’s ability to respond may be limited, although, where feasible, the College will take reasonable steps to prevent Prohibited Conduct and limit its effects. It is not possible to provide confidentiality in all cases and the College’s decision to share information with others is subject to the balancing test described below:

If after assessing a concern as provided above the College determines there is sufficient basis to initiate a Title IX investigation, the Title IX Coordinator or designee will meet with the Complainant  when possible, to provide information about a Title IX investigation. A copy of the policy will be provided to the Complainant  Before beginning an investigation, the Title IX Coordinator will contact the Complainant and request consent from the Complainant to proceed to an investigation. An investigation may still go forward even if the Complainant refuses consent, if appropriate, subject to the balancing test provided by the Department of Education, Office for Civil Rights’ April 4, 2011 Dear Colleague Letter, which states that in such cases, institutions should balance:

  • The seriousness of the alleged harassment
  • The Complainant’s age
  • Whether there have been other harassment complaints about the same individual
  • The alleged harasser or assailant’s rights to receive information about the allegations if the information is maintained by the school as an “education record” under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99.

In summary, although the College’s goal is to limit the number of individuals who may learn about an allegation of Prohibited Conduct or an investigation, the College cannot guarantee confidentiality in all matters.

What To Do If You Experience Sexual Misconduct

If an act of sexual misconduct occurs, you are likely to have many concerns, including physical health and safety, emotional and mental well-being, medical issues such as sexually transmitted infections and pregnancy, and, for some, interpersonal relationships. Another common concern may be understanding the disciplinary or legal options for responding to the act.

With respect to your response, it is most important to do what is right for you. There is no right or wrong way to respond to an act of sexual misconduct. Friends, loved ones, and family members often have strong feelings about what you should do. Each person needs to make the decision that are best for himself/herself.

Students who experience an incident of sexual misconduct should consider the following immediate actions:

  • Contact law enforcement
  • Seek medical attention
  • The medical exam has two goals: first, to treat the full extent of any injury or physical trauma and to consider the possibilities of sexually transmitted disease or pregnancy and, second, to properly preserve evidence in case you decide to prosecute.
  • IMPORTANT: Do not bathe, douche, brush your teeth, drink or change your clothing, as you may be destroying evidence you will need if you decide to prosecute.
  • Contact a trained, experienced counselor
  • Contact parents, relatives or close friends for support

Emergency Assistance

Saint Mary’s Department of Public Safety is available 24 hours/day and will assist you in obtaining medical treatment, counseling support, and police services.

Emergency Response

  • Saint Mary’s College Department of Public Safety
    925-631-4282
  • Moraga Police Department
    925-284-5010
  • If you dial 911 for an emergency, only use a landline for a response locally

Health and Safety

  • Contra Costa County Regional Medical Center in Martinez (provides a rape kit/SART Exam): You should not go to the hospital for a rape kit unless you've first spoken with law enforcement officials so that a Sexual Assault Nurse Examiner can be contacted.
    925-370-5000
  • Saint Mary’s College Health and Wellness Center
    925-631-4254
Maps & Directories

Mailing Address

Saint Mary's College of California
1928 Saint Mary's Road
Moraga, CA 94575
(925) 631-4000
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