Dating Violence, Domestic Violence, Sexual Assault and Stalking Prevention and Awareness (VAWA)

The Violence Against Women Reauthorization Act (VAWA) is an amendment to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. This amendment requires colleges to include the crimes of dating violence, domestic violence, and stalking in their annual security report, provide additional rights, services and information to victims of sexual assault, dating violence, domestic violence and stalking, as well as offer primary and ongoing prevention and awareness programming and campaigns.

 View the online training module and take the quiz at the end:

 Dating Violence, Domestic Violence, Sexual Assault and Stalking Prevention and Awarness Training

Next In-Person Ongoing Prevention and Awareness Campaign:

Wednesday, May 31, 2017, 4:00 pm to 5:00 pm Garfield Campus Mariposa Bldg. Community Room #103

Download the brochure:

Dating Violence, Domestic Violence, Sexual Assault and Stalking Policy, Information and Rights Brochure

Read the college policy:

Administrative Regulation 3540 Sexual and Other Assaults on Campus

On Campus Resources:

Verdugo Campus: Confidential Mental Health Counseling. Health Center San Rafael Bldg. 1st floor 818 240-1000 ext. 5909

Garfield Campus: Confidential Mental Health Counseling. Mariposa Bldg. Room # 221 818 240-1000 ext. 5055

Professional Development Center Campus. Confidential Mental Health Counseling available at the Garfield Campus Mariposa Bldg. Room # 221.

Off Campus Resources:

Peace Over Violence (626) 793-3386. www.peaceoverviolence.org

RAINN- Rape/Abuse/Incest/National Network Hotline (800) 656-4673

National Domestic Violence Hotline (800) 799-7233

Peace Over Violence Stalking Hotline (877) 633-0044

National Suicide Prevention Hotline (800) 784-2433

 

Statement of Policy

Under Board Policy and Administrative Regulation 3540: Sexual and Other Assaults On Campus, any sexual assault or physical abuse, including, but not limited to, rape, domestic violence, dating violence, sexual assault or stalking as defined by California law, whether committed by an employee, student, or member of the public, occurring on District property, in connection with all the academic, educational, extracurricular, athletic, and other programs of the District, whether those programs take place in the District’s facilities or at another location, or on an off-campus site or facility maintained by the District, or on grounds or facilities maintained by a student organization or in a District vehicle, is a violation of District policies and regulations, and is subject to all applicable punishment, including criminal procedures and employee or student discipline procedures.

Definitions

Sexual Assault

In California, sexual assault means any non-consensual sexual act, including those acts when the victim lacks capacity to CONSENT.  Sexual assault is any forced, coerced, unwanted sexual contact.

  • Rape- act of penile/vaginal intercourse, no matter how slight, without CONSENT.  (CA p.c. 261)
  • Sodomy – penetration, no matter how slight with the penis of one person with the anus of another person without CONSENT. (CA p.c. 286)

 

  • Oral copulation– the act of copulating (uniting) the mouth of one person with the sex organ of another person without CONSENT. (CA p.c. 288(a))     
  • Penetration with a foreign object – penetration of a sex organ with a body part, instrument or object without CONSENT (CA p.c. 289)
  • Sexual Battery – touching of the private body parts of another for sexual gratification/abuse without CONSENT. (CA p.c. 243.4)
  • Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape – Sexual intercourse with a person who is under the statutory age of CONSENT.
Consent (in reference to sexual activity)

 In California, consent means “affirmative consent”. Affirmative consent means affirmative, conscious and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other, or others, to engage in the sexual activity.

  • Lack of protest is not the same as consent.
  • Lack of resistance is not the same as consent.
  • Silence is not the same as consent.

Affirmative consent must be ongoing throughout a sexual activity. Affirmative consent can be revoked (taken back) at any time, including during a sexual encounter.

The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

Affirmative consent does not exist if a person engages in sexual contact when the other person is:

  1. Asleep or unconscious.
  2. Incapacitated due to the influence of drugs, alcohol, or medication, so that the other person could not understand the fact, nature or extent of the sexual activity.
  3. Unable to communicate due to a mental or physical condition.

Domestic Violence -

In California, Domestic Violence is defined under Penal Code section 273.5(a)

Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.

(b) Subdivision (a) shall apply if the victim is or was one or more of the following:

(1) The offender’s spouse or former spouse.

(2) The offender’s cohabitant or former cohabitant.

(3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243.

(4) The mother or father of the offender’s child.

Dating Violence

In California, Dating Violence is defined under Penal Code section 243(e)(1)

When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship.

 

Stalking

In California, Stalking is defined under Penal Code Section 646.9(a)

 

Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking.

 

Bystander Intervention

 

Bystander intervention is defined as safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking.

Bystander intervention focuses on helping individuals understand and become more sensitive to crimes of dating violence, domestic violence, sexual assault and stalking by providing prevention and interruption skills. The bystander role includes interrupting situations that could prevent an assault before it happens.  It involves speaking out against social norms that support these crimes, recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking actions to intervene.

The following are bystander strategies that may be utilized.

  • Bystanders should notice the incident taking place and should evaluate the situation to determine whether or not it is an emergency.
  • Determine if someone needs assistance.
  • Assume responsibility. Be ready to intervene even if others do not.
  • Speak up if you see someone intentionally getting someone else drunk.
  • Speak up if you see a friend leaving with someone he/she knows is drunk.
  • Remind friends that sexual contact with an intoxicated person is against the law.
  • Attempt to help. This may include helping a person to leave the situation, confront a behavior, diffuse a situation, or call for other support/security.
  • Approach everyone in a respectful manner. Avoid using violence. Be honest and direct whenever possible. Recruit help if necessary. Keep yourself safe. Call the police any time that you feel it is necessary
  • If you choose to intervene, distractions or diversions may be viable strategies that can stop an aggressor from continuing his/her actions.

Primary Prevention/Risk Reduction

Risk reduction are options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.

  • Walk with friends or with others to and from classes. Contact the College Police for an escort at (818) 551-5205.
  • Be aware of your surroundings. Do not focus/text on your cell phone while walking.
  • Have your car keys ready. Do not focus your attention on searching through your purse/backpack. Check your backseat before entering your vehicle.
  • Do not get into person(s) vehicles who may offer you a ride back to your vehicle to take your parking space. Do not pick up person(s) to give them a ride back to their parking space.
  • During the early stages of dating, consider dating with a group of those you know. Go with a friend and be responsible for each other. Have a pre-planned signal to let your friend know that you want to leave or need help.
  • When dating, consider letting a friend know who you are dating, where you are going, and what time you plan to return. 
  • Communicate clearly and often to your partner.
  • Control your alcohol; don’t let it control you. Drink responsibly or not at all. Do not abuse substances that might hinder your ability to think clearly or act quickly.
  • Be willing and able to say “No.”  
  • It’s never too late to say “No.”
  • Don’t be embarrassed or ashamed to say “No” or ask someone to stop.  
  • Verbalize your expectations with your date. Talk about boundaries.  
  • Trust your instincts. Guard your personal space. If someone makes you uncomfortable, remove yourself from the situation.

Procedures Victims Should Follow in the Case of Alleged Dating Violence, Domestic Violence, Sexual Assault, or Stalking

The first priority for a victim of a dating violence, domestic violence, sexual assault or stalking, is to get to a place of safety. The victim should then obtain necessary medical treatment for any injuries, STD and/or pregnancy prevention.

Preservation of Evidence

If you are a victim of dating violence, domestic violence, sexual assault or stalking, time is also a critical factor for the preservation of evidence that may be helpful for proving the criminal offense occurred or may be helpful in obtaining a protection order. Completing a forensic examination would not require someone to file a police report,  however having a forensic examination will help preserve evidence in case you decide at a later date to file a police report. It is ideal to collect forensic evidence from the body within 72 hours.

  • Do not wash your hands, bathe yourself, use the restroom, brush your teeth, or drink anything until a medical exam can be provided and evidence collected.
  • Consider remaining in the clothing worn during the assault or putting the clothing in a paper bag (not plastic) so that it can be entered into evidence.
  • Do not clean or straighten up the area where the assault occurred.
  • Note names/descriptions of other people who may have witnessed, been present in the area or have knowledge of the assault.

Forensic examinations may be obtained at the San Gabriel Valley Medical Center located at 438 W. Las Tunas Drive, San Gabriel, Ca 91776. (877) 209-3049

How and to Whom the Alleged Offense Should be Reported

These crimes should be reported as soon as possible to the College Police Department direct dial (818) 409-5911 or campus extension 4000, or local area law enforcement (dial 911). You may also report the offense to;

  • Dean of Student Affairs (818) 240-1000 ext. 5594
  • Title IX Coordinator (818) 240-1000 ext. 5130
  • Program Manager of Health Services (818) 240-1000 ext. 5189
  • Dean of Student Services (818) 240-1000 ext. 5195
  • Chief Human Resources Officer (818) 240-1000 ext. 5165
  • Program Director of the Professional Development Center Campus (818) 957-0024
  • Administrative Dean, Workforce Development, Continuing and Community Education of the Garfield Campus (818) 240-1000 ext. 5018

In addition to law enforcement and on campus resources, a victim may contact community organizations that assist victims of these crimes;

  • Peace Over Violence (626) 793-3385 (West San Gabriel Valley), (213) 626-3393 (Central Los Angeles), and (310) 392-8381 (South Los Angeles)
  • Sexual Assault Response Team (877) 209-3049
  • YWCA (818) 242-1106
  • RAINN-Rape/Abuse/Incest/National Network Hotline (800) 656-4673
  • Rape Treatment Center Santa Monica-UCLA Medical Center (310) 319-4000
  • East Los Angeles Women’s Center Rape and Battering Hotline (800) 585-6231

Options to Notify Law Enforcement and/or Campus Authorities

A victim of dating violence, domestic violence, sexual assault or stalking has the option to report the offense directly to the College Police direct dial (818) 409-5911 or campus extension 4000 or local area law enforcement (dial 911). Or, if the victim requests, college personnel will assist a victim by notifying the appropriate law enforcement authorities.  Filing a police report will not obligate the victim to prosecute.  A victim also has the option to decline to notify such authorities. The City of Glendale Police Department will be notified of any dating violence, domestic violence, sexual assault or stalking investigation that is reported to have occurred on the College campuses.

Protective Orders, Criminal/Civil Prosecution and Rights of Crime Victims

Where applicable, a victim may have the right to be notified of protection orders, no contact orders, or similar lawful orders issued by a criminal, civil, or tribal court, or by the College. Glendale Community College will honor, comply and enforce current and valid restraining orders and/or orders of protection. If and when an order of protection is violated, a victim should also immediately enforce that order my notifying the appropriate jurisdiction which issued it. In cases of violations of Emergency Protective Orders and Temporary Restraining Orders, a victim should immediately notify local law enforcement by calling 9-1-1.

  • Emergency Protective Order (EPO)is an order issued by a judicial officer upon request by a peace officer under Family Code Section 6250. The purpose of this order is to provide for immediate and short-term protection to victims of dating violence, domestic violence, sexual assault and stalking. Emergency Protective Orders may be obtained by a peace officer investigating a report of these crimes.

  • Temporary Restraining Orders (TRO’s) may be requested by a victim from the Los Angeles County Superior Court. The nearest Los Angeles County Superior Court location to the Glendale Community College campuses is located at 600 E. Broadway, Glendale, Ca. 91206. Applications for temporary restraining orders may be obtained at the Civil Department located in Room 279. (818) 265-6497.

 

  • Criminal Prosecution: A victim may or may not request criminal prosecution. The Glendale Community College Police Department strongly encourages a victim to prosecute criminal acts, however they are under no obligation to do so. A victim may contact the Los Angeles County District Attorney’s Office, 600 E. Broadway Room 280, Glendale, Ca. 91206, (818) 500-3593.

 

  • Civil prosecution: A victim may also pursue civil remedies through the civil court system. You may contact the Los Angeles County Superior Court Civil Department 600 E. Broadway, Room 279, Glendale, Ca. 91206 or call (818) 265-6497 for more information.

 

  • Rights of Crime Victims: Victims of crime or a family member of a victim have many rights throughout the criminal justice system. Information pamphlets regarding the Victims’ Bill of Rights Act of 2008: “Marsy’s Law” are available in the College Police lobby on the Main (Verdugo) Campus Sierra Madre Building Room 153, or at the Los Angeles County District Attorney’s Office, 600 E. Broadway Room 280, Glendale, Ca. 91206, (818) 500-3593.

 

  • Campus Orders of Protection: Under Board Policy and Administrative Regulation 3435: Discrimination and Harassment Investigations, the College may take measures to protect a complainant who reports being the victim of these crimes. These protective measures may include; prohibiting the accused individual from having any contact with the complainant, by providing escorts to ensure that the complainant can move safely between classes and activities, ensuring the complainant and alleged perpetrator do not attend the same classes or work in the same work area, and preventing offending third parties from entering the campus. Students may request these orders of protection from the College’s Title IX Coordinator (818) 240-1000 ext. 5130 and employees may make requests to the Chief Human Resources Officer (818) 240-1000 ext. 5165.

 

Procedures Glendale Community College Will Follow In the Case of Alleged Dating Violence, Domestic Violence, Sexual Assault or Stalking

Protection of Confidentiality

Glendale Community College will maintain the identity of any alleged victim or witness or third party reporter of domestic violence, dating violence, sexual assault or stalking on District property, as defined above, in confidence unless the alleged victim or witness, or third party reporter specifically waives that right to confidentiality. All inquiries from reporters or other media representatives about alleged domestic violence, dating violence, sexual assaults or stalking on District property shall be referred to the District's Public Information Office, which shall work with the College Police Department to assure that all confidentiality rights are maintained.

Alleged victims of domestic violence, dating violence, sexual assault or stalking are also required to maintain any such information in confidence, unless the alleged assailant has waived rights to confidentiality.

To protect the privacy of the individuals involved, the District will not release names without the consent of those involved unless the release is essential to the health and safety of the victim, or the campus community, or in fulfillment of the legal obligations of the College.

The College will keep an investigation confidential to the extent possible, but cannot guarantee absolute confidentiality because release of some information on a “need-to-know-basis” is essential to a thorough investigation. When determining whether to maintain confidentiality, the College may weigh the request for confidentiality against the following factors; the seriousness of the alleged harassment; the complainant’s age; whether there have been other complaints about the same individual; and the accused individual’s rights to receive information about the allegations if the information is maintained by the College as an “educational record” under the Family Educational Rights and Privacy Act. The College will inform the complainant if it cannot maintain confidentiality.

It is important for a victim to know that certain information concerning details of the offense and the actual investigation of these crimes may be given to other College employees or to outside persons or organizations under contract with the College to investigate the offense.

The College will complete publicly available record keeping without the inclusion of personally identifying information about the victim. The College will redact (remove) names and other personal identifying information such as addresses, physical descriptions/date of birth, contact numbers, social security/driver’s license numbers from reports before it is released to other parties, including any Clery Act reporting and disclosures and entries in the Daily Crime Log.

The College will also maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the accommodations or protective measures. The College may disclose information about a protective measure to an individual found to have engaged in domestic violence, dating violence, sexual assault or stalking when the protective measure/sanction directly relates to the victim. For example, the College may inform the accused individual they must stay away from the victim.

On/Off Campus Services

The College will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the institution and in the community.  

On Campus Services  

  • Health and mental health counseling is available at the Health Center located on the Main (Verdugo) Campus, San Rafael Building first floor, (818) 240-1000 ext. 5909  
  • Confidential mental health counseling is  also available to enrolled non-credit students at the Garfield Campus, Mariposa Bldg, room 221, (818) 240-1000 ext. 5055 
  • Visa/Immigration services are available through the International Student Program Office located on the Main (Verdugo) Campus, San Rafael Building 2nd floor. 818 240-1000 ext. 5439, 6645 & 5440  
  • Student Financial Aid services are available through the Financial Aid Office located on the Main (Verdugo) Campus, San Fernando Complex room 110. 818 240-1000 ext. 5916  
  • Academic Counseling services are available through the Academic Counseling Center located on the Main (Verdugo) Campus, San Rafael Building 2nd floor. 818 240-1000 ext. 5918
  • Extended Opportunity Programs and Services (E.O.P.S) for students who have been affected by economic, language, social and educational barriers is available at the EOPS Building located on the Main (Verdugo) Campus 818 240-1000 ext. 6900

Off Campus Services

  • Peace Over Violence:  (626) 793-3385 (West San Gabriel Valley), (213) 626-3393 (Central Los Angeles), and (310) 392-8381 (South Los Angeles)  
  • Peace Over Violence Stalking Hotline: (877) 633-0044
  • East Los Angeles Women’s Center Rape and Battering Hotline: (800) 585-6231
  • Rape Treatment Center, Santa Monica-UCLA Medical Center: (310) 319-4000
  • Sexual Assault Response Team (SART) San Gabriel Valley Medical Center (877) 209-3049 
  • The Glendale YWCA Domestic Violence Hotline (818) 242-1106  
  • Center for the Pacific Asian Family: (for Korean, Japanese language) (800) 339-3940
  • The California Coalition Against Sexual Assault (916) 446-2520
  • RAINN-Rape/Abuse/Incest/National Network Hotline (800) 656-4673
  • The National Domestic Violence Hotline (800) 799-7233
  • Los Angeles County District Attorney’s Victim Assistance Program (800) 380-3811

Changes in Academic/Work/Living/Transportation Situation

The College will provide written notification to victims about options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures following an alleged report of domestic violence, dating violence, sexual assault or stalking incident regardless of whether the victim chooses to report the crime to campus police or local law enforcement.  The College is obligated to comply with a student’s reasonable request for a living and/or academic situation change following an alleged sex offense.

Accommodations or protective measures may be made if they are requested and if they are reasonably available. While Glendale Community College does not have housing and while modes of transportation to the campus are generally voluntary, the Vice President of Student Services and/or the Chief Human Resources Officer are responsible for providing assistance to a student or employee to change such things as a change of class, assistance in working with instructors on “make up” assignments or tests, working with other college services on behalf of the student, allowing for the withdrawal of a class without a penalty, and change of work locations and/or work schedules for employees. 

When making an accommodation or protective measure, the College will take necessary steps to minimize the burden on the victim. For example, it is not appropriate to remove a victim from a class while allowing an accused individual to stay.

When deciding what accommodations or protective measures to take, the College may look a different factors, including but not limited to; the specific need expressed by the victim, the age of the parties involved, the severity or pervasiveness of the allegations, any continuing effects on the victim and if the victim and accused individual share the same class or work location.

To request a student academic situation change please contact the Title IX Coordinator at (818) 240-1000 ext. 5130. To request a work situation change please contact the Chief Human Resources Officer (818) 240-1000 ext. 5165.

Procedures for Disciplinary Proceedings  

Glendale Community College is committed to providing prompt, fair, and impartial disciplinary proceedings with a “preponderance of evidence” standard, right to an advisor, established sanctions and protective measures, conducted by trained officials with no bias, equal access to information, and simultaneous notification of proceedings and results.

The District will investigate all complaints alleging sexual assault under the procedures for sexual harassment investigations described in AR 3435: Discrimination and Harassment Investigations, regardless of whether a complaint is filed with local law enforcement.


Written Explanation of Rights

When a student or employee reports to the College that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off-campus, the College will provide the student or employee a written explanation of the student’s or employee’s rights and options as described above.  A “Dating Violence, Domestic Violence, Sexual Assault and Stalking Policy, Procedures, Rights and Information” brochure is available at different departments on all campuses or may be downloaded here .