Title IX and Sexual Assault Prevention - Faculty and Staff

Dear Staff and Faculty Colleagues,

 

Thank you to all who participated in Staff Day and/or Faculty Day activities.  As Title IX Coordinator, I hope that you found the presentation on Title IX and Sexual Assault Prevention informative.  I also wanted to take this opportunity to follow-up with you to again outline the College’s Title IX Sexual Assault Prevention Strategy, provide helpful links to important information in the event of a sexual assault on campus and to provide additional resources in the event you have questions or need additional information.  For those of you who were unable to attend the presentation, please be sure to review the links included on this page and take some time to become familiar with the College's Title IX website. 

 

Please save this information to a folder on your computer titled “Title IX Sexual Assault Prevention”, print this and the attached PPT presentation, and place it in your red folder.  If you need an additional red folder, please contact the Dean of Student’s office (925-631-4238).

 

Outlined below are some questions and answers regarding Title IX Sexual Assault Prevention that is intended to provide guidance and direction in the event of a sexual assault.

 

What is Title IX Sexual Assault Prevention?

 

Sexual violence, as that term is used, refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Sexual violence can be carried out by school employees, other students, or third parties. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.

 

What are Saint Mary’s College basic responsibilities to address student-on-student sexual violence?

 

When a school knows or reasonably should know of possible sexual violence, it must take immediate and appropriate steps to investigate or otherwise determine what occurred (subject to the confidentiality provisions). If an investigation reveals that sexual violence created a hostile environment, the school must then take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects. 

 

Title IX requires a school to protect the complainant and ensure his or her safety as necessary, including taking interim steps before the final outcome of any investigation.  The school should take these steps promptly once it has notice of a sexual violence allegation and should provide the complainant with periodic updates on the status of the investigation.  If the school determines that the sexual violence occurred, the school must continue to take these steps to protect the complainant and ensure his or her safety, as necessary. The school should also ensure that the complainant is aware of any available resources, such as victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, and legal assistance, and the right to report a crime to campus or local law enforcement.

 

If a school delays responding to allegations of sexual violence or responds inappropriately, the school’s own inaction may subject the student to a hostile environment.  If it does, the school will also be required to remedy the effects of the sexual violence that could reasonably have been prevented had the school responded promptly and appropriately. For example, if a school’s ignoring of a student’s complaints of sexual assault by a fellow student results in the complaining student having to remain in classes with the other student for several weeks and the complaining student’s grades suffer because he or she was unable to concentrate in these classes, the school may need to permit the complaining student to retake the classes without an academic or financial penalty (in addition to any other remedies) in order to address the effects of the sexual violence.

 

What procedures must a school have in place to prevent sexual violence and resolve complaints?

 

The Title IX regulations outline three key procedural requirements. Each school must:

 

(1) disseminate a notice of nondiscrimination (see Title IX website)

(2) designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX and;

(3) adopt and publish reporting procedures providing for the prompt and equitable resolution of student and employee sex discrimination complaints (see Title IX web site)

 

Confidentiality

 

From the Faculty Day presentation, a faculty member asked if a student requested that their report of a sexual assault remain confidential, was the faculty member able to provide that confidentiality.

 

Faculty are considered responsible employees who have a duty to report.  Faculty cannot serve as confidential resources.

 

However, the College does have confidential resources.  Specifically, these are the Sexual Assault Awareness, Outreach and Education, Gillian Cutshaw(925-631-4193), the therapists at the Counseling and Psychological Services (925-631-4364), and, finally, information can be shared confidentially with a priest on campus, in the context, and under the protection, of the priest-penitent privilege. Please see the Title IX web site FAQs #3 and #4.

 

Does Title IX protect all students from sexual violence?

 

Yes. Title IX protects all students at recipient institutions from sex discrimination, including sexual violence.  Any student can experience sexual violence: from elementary to professional school students; male and female students; straight, gay, lesbian, bisexual and transgender students; part-time and full-time students; students with and without disabilities; and students of different races and national origins.

 

What is the College’s obligation under Title IX Sexual Assault with regard to staff and faculty?

 

Staff, faculty, guests and visitors are all covered under Title IX Sexual Misconduct policies.  Issues regarding staff, faculty, guests, visitors and others should be reported to the Office of Human Resources, specifically the Title IX Coordinator or Deputy Coordinator.

 

How should a school respond to sexual violence when the alleged perpetrator is not affiliated with the school?

 

The appropriate response will differ depending on the level of control the school has over the alleged perpetrator. For example, if an athlete or band member from a visiting school sexually assaults a student at the home school, the home school may not be able to discipline or take other direct action against the visiting athlete or band member. However it should conduct an inquiry into what occurred and should report the incident to the visiting school and encourage the visiting school to take appropriate action to prevent further sexual violence. The home school should also notify the student of any right to file a complaint with the alleged perpetrator’s school or local law enforcement. The home school may also decide not to invite the visiting school back to its campus.

 

Even though a school’s ability to take direct action against a particular perpetrator may be limited, the school must still take steps to provide appropriate remedies for the complainant and, where appropriate, the broader school population. This may include providing support services for the complainant, and issuing new policy statements making it clear that the school does not tolerate sexual violence and will respond to any reports about such incidents.

 

Who has specific duty to report or investigate an incident involving sexual assault?

 

Individuals with a Duty to Report:

1.     Campus Safety Authorities (Jeanne Clery Act)

2.     Responsible Employees (Title IX)

 

Offices with a Duty to Investigate:

1.     Office of Human Resources

2.     Office of the Dean of Students

 

How do I determine who is a campus safety authority?

 

A campus safety authority is a person or offices responsible for campus security.  People or offices to which campus policy directs that crimes be reported. “Officials with significant responsibility for student and campus activities.”  This means work that focuses on student activities.  The focus is on function, not title.  Examples include anyone who has line of responsibility, (Student life—housing, discipline, extracurricular, sports, Human Resources, etc. or anyone with regular contact with students, beyond the classroom).

 

Am I a Responsible Employee?

 

A responsible employee is any employee who:

 

1.     has the authority to take action to redress sexual violence;

2.     has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX coordinator/appropriate school officials; or

3.     a student, staff or faculty member could reasonably believe has this authority or duty

 

Additional resources:

 

Title IX Sexual Misconduct Website

 

Title IX Sexual Assault Reporting Procedure

 

President Donahue’s Commitment Statement

 

FAQ’s regarding Title IX Sexual Assault

 

Title IX Committee, Deputies and Campus Resources

 

Again, the intent of this communication is to provide you with important and timely information regarding Saint Mary’s College Title IX Sexual Assault policies and procedures.  If you have any questions, please contact me, Dr. Evette Castillo Clark, Dean of Students or Peter Chen, Director of Employee Relations, Compensations & HR Consultation at your convenience.

 

Regards,

 

Eduardo Salaz,

Title IX Coordinator

President's Statement

Dear Saint Mary’s community,

We all have a responsibility to prevent sexual violence on our campus. Prevention begins with each and every one of us working to foster a culture of mutual trust and maintaining a climate of dignity and respect. This Title IX website, and our execution of preventative and supportive actions, provides our community with the resources and information needed to help maintain such a climate in the event of sexual misconduct and assault.

We are not alone in our struggle to make our campus safe for all the members of our community. Sexual misconduct and assault are problems that are all too pervasive on college campuses across our nation. However, I strongly believe we are and can continue to be a model campus because of our proven commitment to this issue and our systematic efforts to make our campus a safe place to study and work.

No member of our community should ever be discouraged from reporting offenses, and any report should be brought to the attention of the Title IX Coordinator or a Title IX Deputy immediately. Every student, staff, faculty and or visitor of Saint Mary’s College should feel confident that the College will treat sexual misconduct and violence with the utmost seriousness. And I want to be clear that we will hold members of our community accountable for violating campus sexual assault prevention policies.

You have my commitment that when an act of sexual misconduct or assault is reported, we will respond quickly, and with the utmost care for the victim of such an act. I believe we share a common goal for a campus where sexual misconduct and assault are not tolerated, and I ask for your participation in making our campus a safe space for all.

Sincerely,

President James A. Donahue

James A. Donahue
President

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.

FAQs: Sexual Misconduct

Frequently Asked Questions Regarding Sexual Misconduct

    1. What should I do if I or a friend may have been sexually assaulted?
    2. What should I do if I am uncertain about what I experienced constitutes sexual assault?
    3. Does the complaint remain confidential?
    4. Can I make a report anonymously?
    5. Do I have to name my assailant?
    6. Will the accused student know my identity?
    7. If I report my assailant, I am afraid that I will be subject to retaliation from him/her or his/her friends. What kinds of protection can Saint Mary’s College provide to me?
    8. What if I have a relationship with the person who assaulted me?
    9. Will my parents be told?
    10. What do I do if I am accused of sexual misconduct?
    11. My assailant lives in my residence hall and/or attends one of my classes. I am also having difficulty concentrating on my schoolwork. How can I change my residence hall and receive help with my courses?
    12. Will a student be punished when reporting a sexual misconduct policy violation if he/she has illegally used alcohol and/or other drugs?
    13. If I engage in a sexual activity with someone who has been drinking, can I be accused of sexual assault?
    14. Can I file a complaint with the College and also with the police? Can I do one and not the other?
    15. How do I file a complaint?
    16. What is the discipline process for sexual misconduct cases?
    17. What is the role of the Advisor in a Discipline Hearing Board (DHB) case?

 

1) What should I do if I or a friend may have been sexually assaulted?

You should seek medical attention as soon as possible, and contact the Campus Assault Resources and Empowerment Care (CARE) hotline at 925-878-9207, 24 hours a day/7 days a week during the regular academic year. The Coordinator of Sexual Assault, Awareness, Outreach and Education (Mitty Hall, Ground Floor) at 925-631-4193 is also available as a resource to help you or your friend get the care you need. A staff member of Counseling and Psychological Services is also on call 24/7. During the day you may call 925-631-4364 or after hours, contact Public Safety at 925-631-4282 (or 9-1-1 by landline only) and ask for the Public Safety officer on call. You should also call Moraga Police at 925-284-5010 to report a possible assault. For more information to get the support you need, and what options are available to you, go to the Sexual Assault and Dating Violence page. If you wish to pursue a complaint against the alleged perpetrator, or if you wish to discuss your options, you should consult with the College’s Title IX Coordinator, one of the Title IX Deputy Coordinators or a member of the Title IX team.

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2) What should I do if I am uncertain about what I experienced constitutes sexual assault?

If you believe that you have experienced a non-consensual sexual contact, but are unsure of whether it was a violation of the College’s sexual misconduct policy, you should contact Counseling and Psychological Services on campus, at 925-631-4364 or the Coordinator of Sexual Assault, Awareness, Outreach and Education (Mitty Hall, Ground Floor) at 925-631-4193 or another trusted administrator who can help you to define and clarify the event(s), and advise you of your options.

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3) Does the complaint remain confidential?

When an individual contacts the Campus Assault Resources and Empowerment (CARE) Line, no college discipline action will take place unless the individual chooses to give her or his name and the details surrounding the incident. Any reports that include a victim’s name or alleged perpetrator’s name will be considered formal reports and will initiate college action. In order to ensure that students have as many options as possible when utilizing the line, students who are unsure if they would like to move forward with an on-campus discipline hearing board case are encouraged not to reveal their names.

If a student is seeking more personal confidential support from the College rather than the anonymous support that the CARE line offers, they may contact the Coordinator for Sexual Assault Awareness, Outreach and Education, Gillian Cutshaw (925-631-4193), a certified sexual assault counselor as defined by California Evidence Code Section 1035 et. Seq, and who can therefore offer confidentiality to the student. This will give the student time to seek out support, learn their options regarding reporting both on and off campus, without initiating a college disciplinary response. The confidentiality offered through this resource applies only to the student’s communications with the sexual assault counselor and does not preclude the College from fulfilling its obligations to investigate incidents of assault based on information obtained from other sources. It will be important for the student to understand that if the College obtains information through other sources (e.g., roommates, witnesses, parents, friends or others), the College is obligated to act on that information, which may lead to the initiation of a disciplinary hearing or other administrative action. 

Additionally, the counselors at the Counseling and Psychological Services (925-631-4364) can offer students, as clients, confidentiality and the information and options available to them. Finally, information can be shared confidentially with a priest on campus, in the context, and under the protection, of the priest-penitent privilege. 

In a student discipline proceeding, every reasonable and appropriate effort will be taken by all involved staff to protect the privacy of all individuals as well as the confidentiality of the details and content of the student discipline process, including, but not limited to the preliminary investigation, Discipline Hearing Board, appeal process, and except where permitted by College policy and consistent with applicable law, the sanctions imposed and on whom. However, the College cannot guarantee absolute confidentiality. Students involved in the student discipline process, either directly, or as a witness, are expected to maintain the confidentiality of the process and be mindful of the privacy of others involved.

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4) Can I make a report anonymously?

Any individual may make an anonymous report concerning an act of sexual misconduct. An individual may report the incident without disclosing his/her name, identifying the Respondent or requesting any action. Depending on the level of information available about the incident or the individuals involved, however, the College’s ability to respond to an anonymous report may be limited. Anonymous reports may be made by contacting the CARE Line at 925-878-9207 or the Coordinator of Sexual Assault, Awareness, Outreach and Education (Mitty Hall, Ground Floor) at 925-631-4193. This service allows the person making the report and College administrators to confer about additional details, while the reporting party’s identity remains confidential. All reports will go to the Title IX Coordinator.

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5) Do I have to name my assailant?

Yes, if you want formal disciplinary action to be taken against the alleged assailant. No, if you choose to respond informally and do not file a formal complaint. Survivors should be aware that not identifying the assailant may limit the College’s ability to respond comprehensively.

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6) Will the accused student know my identity?

Yes, if you file a formal complaint. Sexual misconduct is a serious offense and the accused student has the right to know the identity of the complainant/alleged victim. If there is a hearing, the College does provide options for questioning without confrontation. The answer is only no if no specific name or identity is provided. In this situation the issue is counted in the College’s reporting data, but no formal investigation or confrontation can be conducted.

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7) If I report my assailant, I am afraid that I will be subject to retaliation from him/her or his/her friends. What kinds of protection can Saint Mary’s College provide to me?

Threats or other forms of intimidation and/or retaliation against a student or employee for bringing a complaint of any alleged violation of the Code or other College policy are prohibited. This includes threats or other forms of intimidation and/or retaliation against the family or friends of a student or employee who brings a complaint, those who assist a student or employee in bringing a complaint or those who participate in an investigation and/or student discipline process for an alleged violation of the Code or other College policy. Retaliation is a violation of College policy and may also be a violation the law. An allegation of retaliation constitutes an independent basis for investigation and imposition of sanctions on the retaliating student or employee if determined to have occurred. All incidents that are believed to constitute retaliation should be reported immediately to the Dean of Students (when the individual alleged to have engaged in retaliation is a student) or to the Assistant Vice President of Human Resources (when the individual alleged to have engaged in retaliation is a non-student).

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8) What if I have a relationship with the person who assaulted me?

It is never okay to force, threaten or coerce someone into having sex against his/her will, even if they are in a relationship. Just because you have been intimate with someone in the past does not automatically mean you give consent for any and all future sexual activity.

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9) Will my parents be told?

In the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents.

If the student is under age 21, the College has a Parental Notification Policy to enhance campus safety, student health and wellness, and academic success. In accordance with the Higher Education Amendments of 1998, the College is permitted to disclose to the parents/guardians of a student who is under age 21 if a true health or safety emergency exists, in order to protect the student or others

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10) What do I do if I am accused of sexual misconduct?

Do not contact the alleged victim. If you are a student, you must contact the Office of Community Life in Ferroggiaro Hall Room 200, 925-631-4238 The Office of Community Life staff will explain the College’s procedures for addressing sexual misconduct complaints and provide the option to select an Advisor from the list of trained Advisors, explain the rights and responsibilities of the Complainant and Respondent, explain the prohibition against retaliation, and explain the Hearing Board process.

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11) My assailant lives in my residence hall and/or attends one of my classes. I am also having difficulty concentrating on my schoolwork. How can I change my residence hall and receive help with my courses?

The Coordinator of Sexual Assault, Awareness, Outreach and Education serves as the primary advocate for students who have been assaulted. The Coordinator will work directly with the Dean of Students to arrange for any residence hall/room changes as well as provide initial assistance with courses (i.e. extensions, switching classes). The Special Assistant to Vice President for Student Academic Rights, Responsibilities, and Institutional Compliance will assist with any courses and communications with professors, but please note that recommendations about courses are at the sole discretion of the professors.

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12) Will a student be punished when reporting a sexual misconduct policy violation if he/she has illegally used alcohol and/or other drugs?

Saint Mary’s College’s primary concern is the health and safety of its students. When conducting an investigation of an alleged sexual assault, the College’s focus will be on addressing the sexual assault and not the lesser policy violations that may be discovered or disclosed. The College may, however, provide referrals to counseling or require other educational options.

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13) If I engage in a sexual activity with someone who has been drinking, can I be accused of sexual assault?

Yes, it is against Saint Mary’s College’s Sexual Misconduct policy to engage in any sexual activity with someone who is mentally or physically incapacitated, and therefore incapable of giving consent. Alcohol may cause such a state of incapacitation. However, it varies on a case by case basis. For a variety of reasons it is not advisable to engage in sexual activity while intoxicated. When one or both parties are intoxicated, people tend to misinterpret another’s sexual intentions and often proceed before the issue of consent has been clarified.

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14) Can I file a complaint with the College and also with the police? Can I do one and not the other?

Yes, you may take action through both the campus disciplinary system and the criminal justice system. The College encourages Complainants to pursue criminal action for incidents of sexual harassment or misconduct that may also be crimes under California law. In every case of sexual violence, the College, through the Chief of Public Safety, will notify the Moraga Police Department of the allegations. The College will also assist a Complainant in making a criminal report and will cooperate with law enforcement agencies if a Complainant decides to pursue the criminal process to the extent permitted by law. However, a Complainant may also choose not to pursue criminal action, and under most circumstances, the Moraga Police Department will not force a Complainant to pursue charges if he/she is not willing to do so.

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15) How do I file a complaint?

A person, who has experienced an incident of sexual misconduct, as defined in the Sexual Misconduct Policy, may file a complaint against the Saint Mary’s College student responsible for that conduct. Persons may include any member of Saint Mary’s College, including students, faculty, administrators, and staff members, or visitors / guests. Submit a statement to Community Life in the Office of the Dean of Students. This statement should contain sufficient information to permit the Respondent to understand the charges being brought and to be able to adequately respond.

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16) What is the discipline process for sexual misconduct cases?

Upon receipt of a report or of conduct, whether oral or written, of an alleged violation, the Dean of Students, or designee, will begin a preliminary investigation and determine if there is enough information to merit a disciplinary hearing regarding the allegation. The Dean of Students, or designee, will meet with the complainant and the respondent separately to explain the student discipline process and obtain from each a written statement and list of witnesses, if any, who have information pertinent to the incident. After meeting with the complainant and respondent, the Dean of Students, or designee, will prepare the case to be heard by a Discipline Hearing Board (DHB). The complainant and respondent will generally be given at least twenty-hour advance notice of the scheduled meeting tie for the DHB panel. Students are expected to participate in the student discipline process whey they are called as a complainant, respondent, or witness to a hearing. Should a student fail to appear for a hearing when proper notification has been given or should the student fail to provide a statement during the hearing, the hearing will proceed without benefit of that student’s input. Meetings with the DHB panel will be scheduled taking into consideration the student’s regular academic schedule only.

The Discipline Hearing Board (DHB) is comprised of SMC staff and faculty who have been trained to hear these cases. Three members of the DHB pool are appointed by the Dean of Students to sit on a DHB panel, with one member serving as Chair. The Dean of Students, or designee, serves as the discipline process facilitator for all sexual assault, sexual misconduct, and sexual harassment cases and is present during the hearing. The facilitator’s role is to assist the chair and to ensure compliance with the process and procedures. For more information about the hearing, please refer to the Sexual Assault and Sexual Misconduct Policy of the Student Handbook (link here).

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17) What is the role of the Advisor in a Discipline Hearing Board (DHB) case?

An Advisor serves to guide the Complainant and Respondent through the pre-hearing and hearing process and may accompany the student to the hearing. The Advisor may not be a parent, relative, an attorney, or a representative of an attorney. The Advisor is not an advocate for the student in the proceedings and may not direct questions to or otherwise address the Discipline Hearing Board (DHB), but may consult with the student that he or she is assisting. The advisor is obligated to maintain the confidentiality of the nature of the allegation(s), the content of the student discipline process, and the privacy of the Complainant, Respondent, and any witnesses known to the advisor. A list of individuals who have volunteered and have been trained to serve as advisors in sexual assault, sexual misconduct, and sexual harassment cases is available from the Dean of Students, or designee, to both the Complainant and Respondent. Students are strongly encouraged to choose an advisor to assist them in the student discipline process. It is the student’s decision if they want an advisor and who that advisor will be.

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Sexual Misconduct Policy

Policy Prohibiting Discrimination, Harassment and Retaliation

Saint Mary’s College of California is committed to creating and maintaining a community in which all persons who participate in Saint Mary’s programs and activities can work and learn together in an atmosphere free of all forms of discrimination, exploitation, intimidation, or harassment, including sexual, based on a legally protected characteristic or status. Every member of the Saint Mary’s community should be aware that Saint Mary’s will not tolerate harassment or discrimination based on race, color, religion, national origin, ancestry, age, sex/gender, sexual orientation, gender identity, marital status, medical condition, or physical or mental disability, taking a protected leave (e.g., family medical or pregnancy leave), or on any other basis protected by applicable laws. Such behavior is prohibited both by law and by Saint Mary’s policy.

It is Saint Mary’s intention to take whatever action may be needed to prevent, correct, and if necessary, discipline behavior which violates this Policy, which may include suspension, termination, expulsion, or another sanction appropriate to the circumstances and violation. All members of the Saint Mary’s community, including faculty, staff, students, and volunteers are responsible for maintaining an environment that is free of sexual harassment and other forms of discrimination, harassment and retaliation as described in this Policy.

Title IX prohibits discrimination on the basis of sex in any federally funded education program or activity. The U.S. Department of Education Office For Civil Rights provides guidelines to ensure that schools take effective steps to respond to sexual harassment and sexual violence in accordance with the requirements of Title IX. 

 

Saint Mary’s College Title IX Coordinator:

Eduardo Salaz
Assistant Vice President of Human Resources
925-631-4212
els3@stmarys-ca.edu

Title IX Officer Deputy Coordinators:

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

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

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

 

Definitions

Discrimination

Unlawful discrimination may occur when an individual is treated less favorably with respect to the terms and conditions of employment or education, or with respect to the individual’s receipt of employment or educational benefits, because of his or her membership in a protected class.  Accordingly, all employment-related decisions, including but not limited to decisions relating to recruitment, hiring, promotion, transfers, benefits and any other terms and conditions of employment, will be made without regard to the employee’s or applicant’s race, color, religion, national origin, sex/gender, sexual orientation, gender identity, gender expression, marital status, pregnancy, age, physical disability, mental disability, medical condition, covered veteran status, genetic information, or other characteristic protected by federal or state law. Similarly, all education-related programs and activities, including but not limited to admissions, financial aid, academic programs, research, housing, athletics, and other extracurricular activities, will be administered without regard to the student’s or applicant’s race, color, religion, national origin, sex/gender, sexual orientation, gender identity, gender expression, marital status, pregnancy, age, physical disability, mental disability, or other characteristic protected by federal or state law.

Sexual Harassment

Sexual harassment is a form of sex discrimination that is illegal under both federal and state laws. It can be verbal, non-verbal, visual, or physical. Although what constitutes sexual harassment will vary with the particular circumstances, it is defined as follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in a College activity; or
  • Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting that individual; or
  • Such conduct has the effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or abusive working or learning environment.

Sexual harassment does not include verbal expression or written material that is relevant and appropriately related to course subject matter or curriculum, and nothing in this policy is intended to interfere with Saint Mary’s educational mission or academic freedom, e.g., the ability of a teacher or student to examine examples of harassment appropriate to a particular subject.

A determination of whether particular conduct creates an intimidating, hostile or abusive work or learning environment is assessed from the point of view of a reasonable person in the complainant’s position. Such a determination also takes into account the totality of the circumstances, including, but not limited to, the following:

  • the frequency of the offensive conduct;
  • its seriousness;
  • whether it is physically threatening or humiliating;
  • the location of the conduct and the context in which it occurred;
  • the degree to which the conduct affected the education or employment environment; and
  • the relationship between the parties and their positions at Saint Mary’s

Examples of Conduct That May Be Sexual Harassment

Examples of verbal, physical or visual conduct which may be sexual harassment include, but are not limited to:

  • direct propositions of a sexual nature;
  • sexual innuendoes and other seductive behavior, including subtle pressure for sexual activity such as repeated, unwanted requests for dates, and repeated inappropriate personal comments, staring, or touching;
  • direct or implied threats that submission to sexual advances will be a condition of employment, promotion, grades, etc;
  • conduct (not legitimately related to the subject matter of a course or curriculum, if one is involved) that has the effect of discomforting, humiliating or both, and that includes one or more of the following:
  • comments of a sexual nature, including sexually explicit statements, questions, jokes, anecdotes, or graphic material (e.g., visuals, such as screen savers, which are sexually explicit);
  • unnecessary or unwanted touching, patting, massaging, hugging or brushing against a person’s body or other conduct of a physical nature;
  • remarks of a sexual nature about a person’s clothing or body;
  • insulting sounds or gestures, whistles, or catcalls;
  • invading someone’s personal space or blocking her/his path;
  • unwelcome and inappropriate letters, telephone calls, electronic mail, instant or text messaging, or other communications; 
  • displaying sexually suggestive objects, pictures, cartoons or posters (e.g. screen savers).
  • a consensual romantic or sexual relationship which:
    • causes adverse treatment of third parties; or
    • creates a hostile or intimidating working or learning environment for third parties;
    • stalking (which is also criminal behavior);
    • sexual assault (which is also criminal behavior).

Some conduct that may appear to be consensual may also be unacceptable.

Sex/gender-based discrimination, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on a person’s gender or gender-based characteristics, but not involving conduct of a sexual nature (e.g., the repeated sabotaging of female students’ laboratory experiments by male students in the class), may be a form of sex discrimination prohibited by law. While sex/gender-based discrimination may be distinguished from sexual harassment, acts of sex/gender-based discrimination may contribute to the creation of a hostile work or academic environment. Thus, a determination of whether a hostile environment due to sexual harassment exists may take into account acts of sex/gender-based discrimination.

Not all sexual harassment occurs between persons of differing power. Sexual harassment may also occur between peers. In addition, while the majority of reported cases of sexual harassment involve a male harassing a female, sexual harassment may also involve a female harassing a male, or an individual harassing a person of the same gender. 

Employees who engage in conduct in violation of this policy are acting outside the scope of their employment responsibilities and, in addition to discipline including termination of their employment, may be subject to individual legal liability and damages for their actions.

NOTE: Nothing in Saint Mary’s policy prohibiting sexual harassment should be construed to prevent employees from rigorously challenging fundamental beliefs held by students and society. However, employees may not interject into the academic setting sexual material that is unrelated to any legitimate educational objective or allow the educational setting to be so sexually charged that Saint Mary’s students are prevented from effectively participating in the academic environment.

Retaliation and/or Violation of Interim Protections

Threats or other forms of intimidation and/or retaliation against a student or employee for bringing a complaint of alleged discrimination, harassment (including sexual or sexual assault) or of any other violations of College policies, including but not limited to the Student Code of Conduct, are prohibited. This prohibition includes threats or other forms of intimidation and/or retaliation against the family or friends of a student or employee who brings a complaint under this policy, or those who assist a student or employee in bringing a complaint, or those who participate in an investigation and/or student discipline process for an alleged violation of the Student Code or other College policy.

Retaliation is a violation of College policy and may also be a violation of the law. An allegation of retaliation constitutes an independent basis for investigation and imposition of sanctions on the retaliating student or employee if determined to have occurred. All conduct that is believed to constitute retaliation should be reported immediately to Evette Castillo Clark, Dean of Students (Title IX Deputy), ecc4@stmarys-ca.edu at 925-631-4238—when the individual alleged to have engaged in retaliation is a student or student visitor—or to Eduardo Salaz, Assistant Vice President of Human Resources (Title IX Coordinator), els3@stmarys-ca.edu at 925-631-4212 or his/her designee—when the individual alleged to have engaged in retaliation is an employee (faculty and staff) or visitor to the College (e.g., contractors, vendors, or non-student guests).

The reporting procedures described below also apply to allegations of retaliation. Interim protections mean steps the College takes to reasonably protect employees and students during an investigation and/or student discipline process.

Title IX – Sexual Assault Reporting Process

Complaint and Reporting Procedures and Resources for Addressing Incidents of Discrimination, Harassment, Including Sexual, and Retaliation

Saint Mary’s has in place internal procedures to investigate and address complaints of discrimination, harassment (including sexual) and retaliation as described in this Policy. These procedures are intended to assure fairness and to maintain confidentiality in the process of responding to complaints.

Complaints of discrimination, harassment, including sexual harassment or sexual assault, and/or retaliation involving students or student visitors should be reported promptly to:

  1. Title IX Officer Designee and Deputy:
    Dr. Evette Castillo Clark, Dean of Students
    ecc4@stmarys-ca.edu
    925-631-4238
  2. Public Safety Department
    Emergency: 9-1-1 OR 925-631-4282
    General Information/Administration: 925-631-4052

Complaints of discrimination, harassment, including sexual harassment or sexual assault, and/or retaliation that involve employees (faculty and staff) or visitors to the College (e.g., contractors, vendors, volunteers or non-student guests) should be reported promptly to:

  1. Saint Mary’s College Title IX Coordinator or designee:
    Eduardo Salaz, Assistant Vice President of Human Resources
    els3@stmarys-ca.edu
    925-631-4212
  2. Public Safety Department
    Emergency: 9-1-1 OR 925-631-4282
    General Information/Administration: 925-631-4052
  3. Vice Provosts, Deans, Managers, Supervisors

The Assistant Vice President of Human Resources is responsible for overseeing Saint Mary’s compliance with this Policy and will determine the appropriate next step for investigation and resolution. All members of the Saint Mary’s community must cooperate fully with the Title IX Coordinator and Title IX Deputy in the fulfillment of her/his responsibilities.

Reports shall be brought as soon as possible after the alleged conduct occurs, optimally within one year. Prompt reporting will enable the College to investigate the facts, determine the issues, and provide an appropriate remedy or disciplinary action. The College shall respond to reports of sexual harassment brought after one year to the greatest extent possible, taking into account the amount of time that has passed since the alleged conduct occurred. Once reported, the Assistant Vice President of Human Resources as Title IX Coordinator and/or his/her designees will provide prompt and equitable resolution.

In addition, individuals who believe they have experienced discrimination, harassment, including sexual harassment or sexual assault, based on the protected characteristics listed above and/or retaliation are also free to contact the Equal Employment Opportunity Commission and/or the California Department of Fair Employment and Housing to pursue external legal remedies.

Investigation and Corrective Action

The College will investigate every reported complaint of unlawful discrimination or harassment.  The investigation will be conducted in a thorough, prompt and professional manner.

If the conclusion of the investigation is that unlawful discrimination or harassment occurred, the College will initiate corrective action, as appropriate under the circumstances.  For employees, the corrective action may range from verbal warnings up to and including termination from employment.  For students, the corrective action will be imposed in a manner consistent with the College’s Student Code or other applicable procedures.  If the individual found to have engaged in the unlawful discrimination or harassment is not an employee or student of the College, corrective action within the reasonable control of the College, and as appropriate under the circumstances, will be initiated.

If termination of a faculty member is contemplated, the applicable rules governing dismissal for unfitness will be followed.

The employee or student who raised the complaint will be advised of the results of the investigation, unless doing so is prohibited by FERPA or other applicable law.  Similarly, an employee or student who is accused of the unlawful discrimination or harassment will be advised of the results of the investigation.

Intentionally False Reports

Discriminatory activity and harassment, and particularly sexual harassment or assault, often is not witnessed by others, and reports of such activity cannot always be substantiated by additional evidence.  Lack of any such additional evidence should not discourage an individual from reporting any incident In violation of this policy.  However, individuals who make reports that are later found to have been intentionally false or made maliciously, without regard for truth, may be subject to disciplinary proceedings.

Confidentiality

Where sexual harassment or assault has been reported, the College will make every effort to preserve the victim’s privacy and protect the confidentiality of his or her information.  The degree to which confidentiality can be protected, however, will often depend upon the professional role of the person being consulted:

Clergy or sexual assault victim counselors may keep the confidentiality of statements made to them in their role as clergy or counselors.

Physicians and psychotherapists may keep the confidentiality of statements made to them in their role as medical professionals, but are required by law to report

  1. treatment of an injury sustained during a sexual assault, and
  2. suspicion of a sexual assault committed against a person under 18 years of age.

Information shared with other individuals is not legally protected from disclosure. For example, the Dean of Students may need to inform other individuals to protect their safety or rights, in fairness to the persons involved, or in response to legal requirements.  In addition, the College is required by law to report to the police certain information about incidents occurring on campus.  Such reports are for statistical purposes only and do not include individual identities.

Title IX Explained

Title IX of the Education Amendments of 1972 (“Title IX”) prohibits discrimination on the basis of sex in any federally funded education program or activity. Sexual harassment, which includes sexual violence, is a form of sex discrimination. Saint Mary’s College of California is committed to providing an environment free from discrimination, including discrimination based upon sex. Saint Mary’s College of California provides support and resources to students, faculty, and staff to address concerns related to sex discrimination. 

The regulations implementing Title IX requires the University to “designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under [Title IX].” 34 C.F.R. § 106.8. Title IX The College has appointed Eduardo L. Salaz, Assistant Vice President of Human Resources, as Title IX Coordinator. 

The responsibilities of the Title IX Coordinator include the following responsibilities:

  • Oversee overall Title IX compliance
  • Support Deputy Title IX Coordinators
  • Ensure prompt and equitable resolutions
  • Establish a centralized reporting process for all sexual harassment/misconduct allegations on campus
  • Conduct on-going and annual climate checks/tracking/monitoring of sexual harassment/misconduct allegations on campus
  • Coordinate all training, education and prevention efforts

Individuals with concerns or questions about Title IX may contact Mr. Salaz as Title IX Coordinator or one of the Deputy Coordinators.

 

Title IX Coordinator

Eduardo Salaz

Eduardo L. Salaz
P.O. Box 4227
925-631-4212
els3@stmarys-ca.edu

 

Title IX Deputy Coordinators

Available during regular officer hours.

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

Dr. Evette Castillo Clark, Dean of Students, (Students: undergraduate, graduate and professional)
925-631-4238 ecc4@stmarys-ca.edu

Kami Gray, SWA/Associate Director of Athletics
925-631-4521 kgray@stmarys-ca.edu

 

Title IX also prohibits retaliation for raising a complaint under Title IX or for advocating for a right protected by Title IX.

The U.S. Department of Education’s Office of Civil Rights is the entity that is charged with enforcing Title IX compliance. Inquiries about these issues may also be referred to the U.S. Department of Education, Office for Civil Rights (OCR), 50 Beale Street, Suite 7200, San Francisco, CA 94105-1813, telephone 415-486-5555, fax 415-486-5570, or email: OCR.SanFrancisco@ed.gov. The website for the Office of Civil Rights can be located by following this link.

Things to Consider

Sometimes a student may wish to report an incident of sexual misconduct, domestic violence, dating violence or stalking without pursuing disciplinary or legal action. The College will seek to respect the wishes of the student when possible, recognizing that the College has a legal obligation to review all reports of sexual misconduct. Even if a student does not want to proceed, the College may need to proceed nonetheless. Depending on the circumstances such as the severity of the event, the respective ages and roles of the parties, whether there have been prior complaints against the accused, and right of the accused to be informed of the allegations against him/her, the College may determine it is necessary to proceed with a disciplinary response or implement other appropriate remedies. In such cases, the College will notify the Complainant. For more information, please carefully review the Sexual Assault and Sexual Misconduct Policy in the Student Handbook.

Students are urged to keep in mind that reporting acts of sexual violence, dating or domestic violence and stalking can help prevent future similar acts.

Anonymous Reporting

Any individual may make an anonymous report concerning an act of sexual harassment or other forms of misconduct (e.g., dating or domestic violence or stalking). An individual may report the incident without disclosing his / her name, identifying the Respondent or requesting any action. Depending on the level of information available about the incident or the individuals involved, however, the College’s ability to respond to an anonymous report may be limited.

Anonymous reports may be made during the regular academic year to the Campus Assault Resources and Empowerment (CARE) 24-hour telephone hotline: 925-878-9207. This campus based service allows anyone to report suspected misconduct or other issues with complete confidentiality. This service allows the person making the report and College administrators to confer about additional details, while the reporting party’s identity remains anonymous. Members of the CARE Team are trained to assist students by providing information and discussing available resources and options (medical, legal, emotional, and academic), by making referrals and providing access to appropriate College and community services as needed. Team members do not act as counselors. All reports will go to the Title IX Coordinator.

Confidentiality

Where reports of sexual harassment, violence, stalking or other similar misconduct has been reported, the College will make reasonable efforts to preserve the privacy of the Complainant (or reporting party) to protect the confidentiality of his or her information. The degree to which confidentiality can be protected, however, will often depend upon the professional role of the person being consulted: Clergy, (when acting in the capacity of performing penitential services) or sexual assault victim counselors may keep the confidentiality of statements made to them in such roles. For additional information, see the Confidential Resources section of the Sexual Assault and Sexual Misconduct Policy in the Student Handbook.

Complaint and Reporting Procedures

The Assistant Vice President of Human Resources is responsible for overseeing Saint Mary’s compliance with the Policy Prohibiting Discrimination, and Harassment (Including

Sexual Harassment and Sexual Violence), and Retaliation and will determine the appropriate next step for investigation and resolution. All members of the Saint Mary’s community must cooperate fully with the Title IX Coordinator and Title IX Deputy(s) in the fulfillment of her/his responsibilities. Please see the Reporting Procedures and Resources section under this Policy in the Student Handbook for additional details.

In addition, individuals who believe they have experienced discrimination, harassment, including sexual harassment or sexual assault, based on the protected characteristics listed above and/or retaliation are also free to contact the Equal Employment Opportunity Commission and/or the California Department of Fair Employment and Housing to pursue external legal remedies.

Investigation and Corrective Action

The College will investigate every reported complaint of unlawful discrimination or harassment. The investigation will be conducted in a thorough, prompt and professional manner.

If the conclusion of the investigation is that unlawful discrimination or harassment occurred, the College will initiate corrective action, as appropriate under the circumstances. For employees, the corrective action may range from verbal warnings up to and including termination from employment. For students, the corrective action will be imposed in a manner consistent with the College's Student Code or other applicable procedures. If the individual found to have engaged in unlawful discrimination or harassment is not an employee or student of the College, corrective action within the reasonable control of the College, and as appropriate under the circumstances, will be initiated. If termination of a faculty member is contemplated, the applicable rules governing dismissal for unfitness will be followed.

The employee or student who raised the complaint will be advised of the results of the investigation, unless doing so is prohibited by FERPA or other applicable law. Similarly, an employee or student who is accused of the unlawful discrimination or harassment will be advised of the results of the investigation.

Intentionally False Reporting

Discriminatory activity and harassment, and particularly sexual harassment or assault, often is not witnessed by others, and reports of such activity cannot always be substantiated by additional evidence. Lack of any such additional evidence should not discourage an individual from reporting any incident in violation of this policy. However, individuals who make reports that are later found to have been intentionally false or made maliciously, without regard for truth, may be subject to disciplinary proceedings.

Law Enforcement

The College advises Complainants that they can also pursue criminal action for incidents of sexual harassment or misconduct that may also be crimes under the law. In every case of sexual violence, the College, through the Director of Public Safety of the College, will notify the Moraga Police Department of the allegations. The College will provide a Complainant information concerning how to make a criminal report. In the event that law enforcement agencies pursue the complaint, the College will cooperate to the extent permitted by law.

Interim Measures

Upon receipt of a report, the College will provide interim support and reasonable protective measures to provide a safe educational and work environment. The College will determine the necessity and scope of any interim measures keeping in mind both the Complainant’s and Respondent’s respective positions. Even when a Complainant or Respondent does not specifically request that protective action be taken, the College may choose to impose interim measures at its discretion to ensure the safety of any individual, the broader College community or the integrity of the review process. The range of interim measures may include no contact directives, changes in class or work schedules, changes in living, interim suspension or other measures as necessary.

Students seeking such assistance should speak with the Title IX Coordinator or a Deputy Title IX Coordinator for Students, who will coordinate such requests on the behalf of the student. The College will maintain contact with the parties to ensure that all safety, emotional, and physical well-being concerns are being addressed.

Prohibition Against Retaliation

It is a violation of College policy to retaliate in any way against an individual or a group because the individual or group of individuals reported an allegation of sexual harassment or misconduct. The College recognizes that retaliation can take many forms, may be committed by an individual or a group against an individual or a group, and that a Respondent can also be the subject of retaliation by the Complainant or a third party. The College will take immediate and responsive action to any report of retaliation and may pursue disciplinary action as appropriate.

Truthfulness

All individuals participating in the student discipline process, including but not limited to making an initial report or complaint, are expected to tell the truth in all disciplinary matters. In order to ensure this is possible, individuals participating in student discipline hearings regarding an alleged violation of the Sexual Assault and Sexual Misconduct Policy will not be charged and held responsible for minor violations of the Code or other College policy. However, if there is a concern about a student’s safety and/or use of alcohol and other drugs, the College may recommend counseling or other educational resources to the affected student.

Reports Involving Minors 

Saint Mary’s College is committed to the prevention of child abuse and encourages reporting of suspected child abuse by all members of the Saint Mary’s community. Saint Mary’s students, staff or faculty may interact with minors on campus or through programs in the community sponsored by the College. Under California law, an employee or administrator of the College, whose duties bring the administrator or employee into contact children on a regular basis or supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution are considered mandatory reporters. In addition, other mandatory reporters on campus include, but are not limited to any athletic coach, assistant coach or a graduate assistant coach, physicians, counselors and any priest, minister, religious practitioner or any member of a recognized religious denomination or organization, including any custodian of records for them. This means that College employees must report if there is reasonable cause to believe that a child (under 18 years of age) is suffering physical or emotional injury resulting from abuse, including sexual abuse, which causes harm or substantial risk of harm to the child’s health or welfare. Reasonable cause to believe that a child is suffering harm or substantial risk of harm may be based on information shared with the employee by the child or any other individual; or the employee’s own observations or knowledge.

Child abuse includes physical abuse, sexual abuse, emotional abuse, or neglect. Child abuse may be committed by any individual, including an employee, volunteer, parent, caregiver or other party in the child’s life. The duty to report exists regardless of the specific role the suspected offender occupies in the child’s life. The duty to report is triggered by reasonable suspicion or belief. There is no requirement that an employee has actual evidence of abuse, nor should an employee seek to investigate the matter himself/herself. For mandatory reporters, failure to report suspected child abuse is a crime and may constitute grounds for discipline, including termination.

All Saint Mary’s College employees are directed to bring all suspicions or beliefs to the immediate attention of the College’s Department of Public Safety or the Title IX Coordinator, who will then make the appropriate external report to the California Department of Children and Families or to local law enforcement. Any member of the Saint Mary’s College community may also make a direct report to any of these agencies. Children’s Protective Services for Contra Costa County can be reached at the following numbers: 925-646-1680 Central Contra Costa County, or 510-374-3324 West Contra Costa County. 

The notification to DCF should be made immediately. For further information go to childsworld.ca.gov.

Clery Reporting

The College is required to document all reports of sexual misconduct, including but not limited to domestic and dating violence and stalking, to satisfy the College’s obligation to report statistics of crime on campus consistent with the Clery Act. No personally identifiable information about the Complainant will be shared for the purpose of maintaining these statistics. Identities and specific fact patterns will remain anonymous.

If a report of misconduct discloses an immediate threat to the College campus community, where timely notice must be given to protect the health or safety of the community, the College may not be able to maintain the same level of confidentiality. Immediately threatening circumstances include, but are not limited to, reported incidents of sexual misconduct that include the use of force, a weapon, or other circumstances that represent a serious and ongoing threat to the College students, faculty, administrators, staff, or visitors.

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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