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If you believe that you are a victim of sexual discrimination, including sexual harassment,
sexual misconduct, sexual assault, stalking, dating violence, or rape at Porterville
College, know that you have the following rights:
- To receive basic information about services designed to assist you.
- To seek, or have sought on your behalf, as soon as possible counseling and medical
attention at the Student Health and Wellness Center (for students), through the employee
assistance program (for employees), or elsewhere as needed, including at the nearest
hospital emergency room.
- To report the crime to the Department of Public Safety and/or the Porterville Police
Department.
- To be informed of the outcome of any disciplinary proceeding held.
- To have the option of changing your academic, work, and/ or living situations if so
requested and if the changes are reasonably available
- To request that the College implement a "no-contact" mandate with the perpetrator.
- To not "work it out" with the alleged perpetrator through mediation. Porterville
College does not consider mediation to be appropriate in cases involving sexual assault.
Porterville College Will Respond Promptly and Effectively to Sexual Violence
- You have the right to report the incident to Porterville College, have Porterville
College investigate what happened, and have your complaint resolved promptly and equitably.
- You have the right to choose to report an incident of sexual violence to College officials
and/or local law enforcement. A criminal investigation does not relieve Porterville
College of its duty under Title IX to respond promptly and effectively to a complaint
of sexual harassment or sexual violence. DPS will assist victims in facilitating
a report to the police, should they choose to do so.
- Porterville College has published policies and procedures prohibiting sexual misconduct
and for reporting complaints of sex discrimination, including sexual violence.
Accommodations and Protective Measures Available for Victims
- During the investigation and prior to the final determination, the College may take
appropriate interim measures to protect the parties involved. Interim measures can
be requested by any involved party, or can be imposed by the College. Such measures
may include changes to academic, living, or working situations, regardless of whether
the victim chooses to report the crime to law enforcement.
Porterville College Prohibits Retaliation
- Retaliation against someone who files a complaint or who participates in an investigation
is strictly prohibited by College policy and by law.
- You have the right to report any retaliation by College employees, the alleged perpetrator,
and/or other students. Porterville College will take strong responsive action if retaliation
occurs.
- The College will provide students and employees with written notification of victim
services that are available within the institution and the community.
Confidential Support Services
Porterville College Will Conduct an Adequate, Reliable, and Impartial Investigation
- Both parties have the right to be notified of the timeframes for all major stages
of the investigation.
- Both parties have the right to present witnesses and evidence.
- Both parties have the right to be accompanied at all hearings and meetings by an advisor
of their choice.
- Porterville College must resolve your complaint based on what College officials believe
is more likely than not to have happened based upon an investigation (this is called
a preponderance-of-the-evidence standard of proof). Porterville College will not use
a higher standard of proof.
- You have the right to be notified in writing of the outcome of your complaint and
any appeal, including any sanctions that directly relate to you.
- The appeal process is equally available for both parties.
- You have the right to review any proceedings documented, which may include written
findings of fact, transcripts, or audio recordings.
Porterville College Will Provide Remedies as Necessary
- If an investigation reveals that sexual harassment/sexual violence created a hostile
environment, Porterville College must take prompt and effective steps reasonably calculated
to end the sexual harassment/sexual violence, eliminate the hostile environment, prevent
its recurrence, and, as appropriate, remedy its effects.
- Appropriate remedies will generally include disciplinary action against the perpetrator,
but may also include remedies to help you get your education and/or professional situation
back on track (e.g., academic support, retaking a class without penalty, changing
working location or conditions, and counseling). These remedies are in addition to
any interim measures you received.
- Porterville College may also determine that it's most appropriate to provide remedies
for the broader student or employee population (such as training) or change its services
or policies to prevent such incidents from repeating.
Victims of sexual assault, stalking, domestic violence, or dating violence should...
- Consider seeking medical attention as soon as possible at a local hospital after an
incident of sexual assault, dating violence, or domestic violence. If victims of sexual
assault do not opt for forensic evidence collection, health care providers can still
treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted
infections.
- Preserve evidence that may assist investigators during the course of a criminal investigation
to prove that the criminal offense occurred, or is occurring. It is important that
a victim of sexual assault not bathe, douche, smoke, change clothing, or clean the
bed/linen/area where they were assaulted if the offense occurred within the past 96
hours. This evidence may be helpful in obtaining a protection order.
- Save text messages, instant messages, social networking pages, other communications
as evidence; and keep pictures, logs, or copies of documents if they have any that
could be useful to College adjudicators/investigators or local police.