Either victims or third parties can make a confidential report. (Educ. Code 67386(b)(13).) While this policy refers to victims, it also applies to a third party’s report of sexual offenses. Reports of sexual harassment by a third party may also be made, and Ohlone will respond to address or prevent a hostile educational environment or ensure access to education, but this does not add a duty or obligation to nonstudent parties that does not already exist by statute or agreement. (Educ. Code § 66281.8(b)(4)(B).)

Reporting and Confidentially Disclosing Sexual Violence: Know the Options

Ohlone encourages victims of sexual violence to talk to somebody about what happened – so victims can get the support they need and so Ohlone can respond appropriately, including providing supportive measures. Different employees on campus have different abilities to maintain a victim’s confidentiality:

  • Some are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication”.
  • Other employees may talk to a victim in confidence, and generally only report to the College that an incident occurred without revealing any personally identifying information. Disclosures to these employees will not trigger a College investigation into an incident against the victim’s wishes. 
  • Thirdly, some employees are required to report all the details of an incident (including the identities of both the victim and alleged perpetrator) to the Title IX Coordinator. A report to these employees (called “responsible employees”) constitutes a report to the College – and generally obligates the College to investigate the incident and take appropriate steps to address the situation. 

The employees in the first two categories are required to inform each student who provides the individual with information regarding sexual harassment of the student’s ability to report to a responsible employee and direct the student to those specific reporting resources. (Educ. Code 66281.8(a)(2)(C)(ii).)

This policy is intended to make students aware of the various reporting and confidential disclosure options available to them – so they can make informed choices about where to turn should they become a victim of sexual violence. Ohlone encourages victims to talk to someone identified in one or more of these groups. 

Each individual receiving a report of a sex crime will try to help the reporting victim, should try to obtain witness information in case needed in the future, and must provide the reporting victim a written summary about the importance of preserving physical evidence.

  • Ask about witnesses and location. Ask the victim to name or describe the physical description and/or location of witnesses to the crime in case the victim later decides to involve police.
  • Provide written summary about the importance of preserving evidence. Print and provide this to the victim or email the victim the link

The Victim’s Options for Reporting

A. Privileged and Confidential Communications

Professional and Pastoral Counselors

Professional, licensed counselors and pastoral counselors who provide mental-health counseling to members of the school community (and including those who act in that role under the supervision of a licensed counselor) are not required to report any information about an incident to the Title IX Coordinator without a victim’s permission.

Following is the contact information for these individuals: 

1. On-Campus Confidential Resources: Student Mental Health Counselor at Student Health Center, 510-659-6258.
 
2. Off-Campus Confidential Resources: Sexual Assault or Rape Crisis 24 Hour Hotlines for Counseling and Other Support: 
•    BAWAR (Bay Area Women Against Rape): (510) 845-7273 
•    SAVE (Safe Alternatives to Violent Environments): (510) 794-6055 
•    The Student Health Center staff and both community agencies (BAWAR and SAVE) can assist you with (1) information and resources on counseling, health, mental health, victim advocacy, legal assistance such as seeking a protective order or restraining order, and other services available for victims both on-campus and in the community, and (2) changing academic, living, transportation, and working situations if you so request, regardless of whether you want to report the crime to campus police or local law enforcement

Non-professional Counselors and Advocates

Individuals who work or volunteer in the on-campus Student Health Center, including front desk staff and students, can generally talk to a victim without revealing any personally identifying information about an incident to the College. A victim can seek assistance and support from these individuals without triggering a College investigation that could reveal the victim’s identity or that the victim has disclosed the incident. 

While maintaining a victim’s confidentiality, these individuals or their office should report the nature, date, time, and general location of an incident to the Title IX Coordinator. This limited report – which includes no information that would directly or indirectly identify the victim – helps keep the Title IX Coordinator informed of the general extent and nature of sexual violence on and off campus so the Coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. Before reporting any information to the Title IX Coordinator, these individuals will consult with the victim to ensure that no personally identifying details are shared with the Title IX Coordinator. 

Following is contact information for these non-professional counselors and advocates: 
•    Student Health Center, (510) 659-6258

A victim who speaks to a professional or non-professional counselor or advocate must understand that, if the victim wants to maintain confidentiality, the College will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator. 

Even so, these counselors and advocates will still assist the victim in receiving other necessary protection and support, such as victim advocacy, supportive measures, academic support or accommodations, disability, health or mental health services, and changes to living, working or course schedules. A victim who at first requests confidentiality may later decide to file a formal complaint with the school or report the incident to local law enforcement, and thus have the incident fully investigated. These counselors and advocates will provide the victim with assistance if the victim wishes to do so. 

While these professional and non-professional counselors and advocates may maintain a victim’s confidentiality with the College, they may have reporting or other obligations under state law, such as mandatory reporting to law enforcement in case of minors who are being abused or neglected, reporting of an individual who presents a risk of imminent harm to self or others, and testifying if subpoenaed in a criminal and other cases. 

If the College determines that the alleged perpetrator(s) pose a serious and immediate threat to the College community, a Campus Security Authority under the Clery Act such as Chief of Campus Safety, may be called upon to issue a timely warning to the community. Any such warning should not include any information that identifies the victim. 

The titles of positions and organization(s) responsible for confirming that there is a significant emergency or dangerous situation, determining the segments to notify, determining content of notifications, and initiating the notification include:
•    Chief of Campus Police Services
•    Police and Safety officers
•    College President 
•    VP of Academic Affairs
•    VP Student Services
•    VP of Human Resources
•    If these individuals are not able to be located, any Director or Dean can determine these items.

B. Reporting to "Responsible Employees"

A “responsible employee” is a College employee who has the authority to redress sexual harassment or sexual violence or provide supportive measures, who has the duty to report incidents of sexual harassment, sexual violence or other student misconduct, or who a student could reasonably believe has this authority or duty.

All faculty and staff designated by Ohlone as required to report concerns of sexual harassment will report concerns to the Title IX Coordinator. An individual who has a confidential relationship with a student or students by law is exempt from having to report sexual harassment concerns to the Title IX Coordinator, unless otherwise required by law. (Educ. Code § 66281.8(b)(4)(A)(xxii).)
 
When a victim tells a responsible employee about an incident of sexual violence, the victim has the right to expect the College to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. 

A responsible employee must report to the Title IX Coordinator all relevant details about the alleged sexual violence shared by the victim, and the College will need to determine what happened – including the names of the victim and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident. 

To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the College’s response to the report. A responsible employee should not share information with law enforcement without the victim’s consent or unless the victim has also reported the incident to law enforcement.

The following employees (or categories of employees) are the College’s responsible employees (unless they are also a therapist or professional described in California Evidence Code sections 990, 1010, 1030, 1035, and 1037 or an individual acting in a professional capacity for which confidentiality is mandated by law) (Ed Code 66281.8):

  • Title IX Coordinator (VP of Human Resources)
  • Vice Presidents 
  • Deans
  • Student Life Directors or coordinators
  • Athletic Directors or coordinators
  • Coaches of athletic or academic team or activity
  • Faculty, instructors, or lecturers 
  • Graduate student instructors, while performing the duties of employment by the institution. 
  • Laboratory directors, coordinators, or principal investigators. 
  • Internship or externship directors or coordinators. 
  • Study abroad program directors or coordinators. 
  • Campus ombudsperson 
  • Other administrators with supervisory responsibilities

These employees are required to provide you with assistance. Notice to them is official notice to Ohlone and will result in the appropriate action. 

Before a victim reveals any information to a responsible employee, the employee should ensure that the victim understands the employee’s reporting obligations – and, if the victim wants to maintain confidentiality, direct the victim to confidential resources. 

If the victim wants to tell the responsible employee what happened but also maintain confidentiality, the employee should tell the victim that the College will consider the request, but cannot guarantee that the College will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the responsible employee will also inform the Coordinator of the victim’s request for confidentiality. 

Responsible employees will not pressure a victim to request confidentiality, but will honor and support the victim’s wishes, including for the College to fully investigate an incident. By the same token, responsible employees will not pressure a victim to make a full report if the victim is not ready to. 

Requesting Confidentiality From Ohlone: How Ohlone Will Weigh the Request and Respond 

If a victim discloses an incident to a responsible employee but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action be taken, the College must weigh that request against the College’s obligation to provide a safe, non-discriminatory environment for all students, including the victim. 

If a complainant requests confidentiality, which could preclude a meaningful investigation or potential discipline of the potential respondent, or that no investigation or disciplinary action be pursued to address alleged sexual harassment, Ohlone shall take the request seriously, while at the same time considering its responsibility to provide a safe and nondiscriminatory environment for all students, including for the complainant. (Educ. Code § 66281.8(b)(3)(D)(i).)

The institution shall generally grant the request. (Educ. Code § 66281.8(b)(3)(D)(i).)

If the College honors the request for confidentiality, a victim must understand that the College’s ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s) may be limited. 

Although rare, there are times when the College may not be able to honor a victim’s request in order to provide a safe, non-discriminatory environment for all students. 

The College has designated the following individual(s) to evaluate requests for confidentiality once a responsible employee is on notice of alleged sexual violence:  Title IX Coordinator, Vice President of Student Services, and Vice President of Academic Affairs.

When weighing a victim’s request for confidentiality or that no investigation or discipline be pursued or whether to disclose a complainant’s identity or proceed to an investigation over the complainant’s objection, the Title IX Coordinator, Vice President of Student Services, and Vice President of Academic Affairs will consider a range of factors, including the following: 

  • The increased risk that the alleged perpetrator will commit additional acts of sexual or other violence, such as: 
    • whether there have been other sexual violence or sexual misconduct complaints about the same alleged perpetrator; 
    • whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence; 
    • whether the alleged perpetrator threatened further sexual violence or other violence against the victim or others; 
    • whether the sexual violence was committed by multiple perpetrators; 
  • whether the respondent used a weapon, physical restraints, or engaged in battery;
  • whether the respondent is a faculty or staff member with oversight of students;
  • whether there is a power imbalance between the complainant and respondent;
  • whether the complainant believes that the complainant will be less safe if the complainant’s name is disclosed or an investigation is conducted;
  • whether Ohlone is able to conduct a thorough investigation and obtain relevant evidence in the absence of the complainant’s cooperation;
  • whether the victim is a minor; 
  • whether the College possesses other means to obtain relevant evidence of the sexual violence (e.g., security cameras or personnel, physical evidence); 
  • whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group. (Educ. Code § 66281.8(b)(3)(D)(i).)

The presence of one or more of these factors could lead the College to investigate and, if appropriate, pursue disciplinary action.  If none of these factors is present, the College will likely respect the victim’s request for confidentiality. 

If the College determines that it cannot maintain a victim’s confidentiality, must disclose the victim’s identity to the respondent, or proceed with an investigation the College will inform the victim prior to making the disclosure or starting an investigation, will take immediate steps to provide for the victim’s safety where appropriate, and will, to the extent possible, only share information with people responsible for handling the College’s response. If the complainant requests that Ohlone inform the respondent that the complainant asked Ohlone not to investigate or seek discipline, Ohlone shall honor this request. (Educ. Code § 66281.8(b)(3)(D)(iii).)

The College will remain ever mindful of the victim’s well-being and will take ongoing steps to provide supportive measures, protect the victim from retaliation or harm, and work with the victim to create a safety plan. Retaliation against the victim, whether by students or College employees, will not be tolerated. 
The College will also: 

  • assist the victim in accessing other available victim advocacy, academic support, counseling, disability, health or mental health services, and legal assistance both on and off campus (see portion of policy identifying these); 
  • provide other security and support, which could include issuing a no-contact order, helping arrange a change of living or working arrangements or course schedules (including for the alleged perpetrator pending the outcome of an investigation) or adjustments for assignments or tests; and 
  • inform the victim of the right to report a crime to campus or local law enforcement – and provide the victim with assistance if the victim wishes to do so. 

The College may not require a victim to participate in any investigation or disciplinary proceeding. Because the College is under a continuing obligation to address the issue of sexual violence campus-wide, reports of sexual violence (including non-identifying reports) will also prompt the College to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices. 

If the College determines that it can respect a victim’s request for confidentiality, the College will also take immediate action as necessary to protect and assist the victim and take reasonable steps to respond to the complaint, consistent with the confidentiality request, to limit the effects of the alleged sexual harassment and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the complainant. These steps may include increased monitoring, supervision, or security at locations or activities where the alleged misconduct occurred; providing additional training and education materials for students and employees; or conducting climate surveys regarding sexual violence. The College shall also take immediate steps to provide for the safety of the complainant while keeping the complainant’s identity confidential as appropriate. These steps may include assisting the complainant with changes to living arrangements or course schedules, assignments, or tests. The complainant shall be notified that the steps the College will take to respond to the complaint will be limited by the request for confidentiality. (Educ. Code § 66281.8(b)(3)(D)(ii).)

Miscellaneous

City Police

IN CASE OF AN EMERGENCY
Dial 9-1-1 in case of an emergency (from an on-campus phone, dial 9-911).

When personnel of Campus Police Services are not available at the Fremont Campus after hours, you can contact the Fremont Police Department at (510) 790-680.

When personnel of Campus Police Services are not available at the Newark Campus after hours, you can contact the Newark Police Department at (510) 793-1400.

Take Back the Night and other public awareness events

Public awareness events such as “Take Back the Night,” the Clothesline Project, candlelight vigils, protests, “survivor speak outs” or other forums in which students disclose incidents of sexual violence, are not considered notice to the College of sexual violence for purposes of triggering its obligation to investigate any particular incident(s). Such events may, however, inform the need for campus-wide education and prevention efforts, and the College will provide information about students’ Title IX rights at these events. 

Anonymous Reporting

Although the College encourages victims to talk to someone, the College provides a telephone number, (510) 979-7456, and an online form for anonymous reporting of any safety concern.
You can call (510) 979-7456 to report any safety concern or incident without providing any confidential information such as your name or phone number.
The system will notify the user (before s/he enters information) that entering personally identifying information may serve as notice to the College for the purpose of triggering an investigation. Entering or providing personally identifying information may serve as notice to the College for the purpose of triggering an investigation of discrimination, harassment or crimes. If you do not want an investigation, please do not provide any personal identifying information, such as name, email, address, and phone number.

Reporting of Sexual Discrimination, Harassment, or Violence by A Person Other than the Victim

Any person may report sex discrimination, sexual harassment, or sexual violence, whether or not the person reporting is the person alleged to be the victim of the conduct. For example, a witness or a parent/guardian can report. The report may be in person, by mail, by telephone, or by email, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. The report may be made at any time, including during nonbusiness hours, or using the telephone number email address, or by mail to the office address, that is listed for the Title IX Coordinator. The report may be verbal or written.

Off-campus Counselors and Advocates

Off-campus counselors, advocates, and health care providers will also generally maintain confidentiality and not share information with the College, unless the victim requests the disclosure and signs a consent or waiver form. 
Following is contact information for some off-campus resources: 
24 Hour Hotlines for Counseling and Other Support: 
•    BAWAR (Bay Area Women Against Rape): (510) 845-7273 
•    SAVE (Safe Alternatives to Violent Environments): (510) 794-6055 
The Student Health Center staff and both community agencies (BAWAR and SAVE) can assist you with (1) information and resources on counseling, health, mental health, victim advocacy, legal assistance such as seeking a protective order or restraining order, and other services available for victims both on-campus and in the community, and (2) changing academic, living, transportation, and working situations if you so request, regardless of whether you want to report a crime to campus or local law enforcement
While these off-campus counselors and advocates may maintain a victim’s confidentiality with the College, they may have reporting or other obligations under state law, such as mandatory reporting to law enforcement in case of minors who are being abused or neglected, reporting of an individual who presents a risk of imminent harm to self or others, and testifying if subpoenaed in a criminal and other cases. 

Confidential Assistance

If you want to make a confidential report and seek support and resources, please contact one of these resources for confidential assistance: 
1. On-Campus Confidential Resources: Student Mental Health Counselor at Student Health Center, 510-659-6258. 
2. Off-Campus Confidential Resources: Sexual Assault or Rape Crisis 24 Hour Hotlines for Counseling and Other Support: 
•    BAWAR (Bay Area Women Against Rape): (510) 845-7273 
•    SAVE (Safe Alternatives to Violent Environments): (510) 794-6055 
•    The Student Health Center staff and both community agencies (BAWAR and SAVE) can assist you with (1) information and resources on counseling, health, mental health, victim advocacy, legal assistance such as seeking a protective order or restraining order, and other services available for victims both on-campus and in the community, and (2) changing academic, living, transportation, and working situations if you so request, regardless of whether you want to report a crime to campus or local law enforcement

For other current contact information of community resources, please visit our Student Health Center and/or this website: https://www.ohlone.edu/safety-tips-and-sexual-assault-information-bay-ar...

Confidentiality of Crime Reports

Ohlone will protect the confidentiality of victims and other necessary parties (Cal. Penal Code §293), to include the following:

(A) Complete publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifying information about the victim, and

(B) Maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair Ohlone’s ability to provide the accommodations or protective measures. (34 CFR §668.46(b)). 

Personally identifying information means individually identifying information for or about an individual including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected, including:

(A) a first and last name;

(B) a home or other physical address;

(C) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number);

(D) a social security number, driver license number, passport number, or student identification number; and

(E) any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify any individual. (34 U.S.C. 12291(a)(20).)