Reporting Sexual Misconduct, Discrimination & Hate Crimes

Title IX of the Education Amendments of 1972 (Title IX) is a federal law that prohibits sex discrimination in educational institutions receiving federal funding. This includes all college programs, activities, employment, academics, extracurriculars, and athletics.

Key Points:

• Prohibits sex discrimination including sexual harassment and sexual violence in all college services and educational programs.
• Applies to admissions, financial aid, counseling, athletics, courses, grading, discipline, employment, and more.
• Protects all people, regardless of gender or gender identity, from sex discrimination, harassment, and violence (e.g., rape, assault, battery, coercion).
• Requires colleges to prevent sexual assault and respond promptly to reports.

Title IX Coordinator

Each institution must designate a Title IX coordinator to handle complaints of sexual violence, discrimination, or harassment.

The Diablo Valley College Title IX Coordinator is:

Vicki Ferguson, Vice President of Equity and Student Services/Title IX Coordinator
Location: Administration Building, 207
vferguson@dvc.edu
925-969-2005

The Keenan SafeColleges Training platform is an interactive online program designed to prevent sexual assault, dating and domestic violence and stalking, while helping the campus meet SaVE Act and Title IX education mandates. The following courses are recommended for students:

• Sexual Violence Prevention for Community College Students
• Title IX Rights and Protection

Sexual and other assault policies

• Student Code of Conduct (PDF)
• Student Services Procedures 3027: Student Conduct and Board Policy (PDF)
• Board Policy 2002: Unlawful Discrimination and Unlawful Harassment (PDF)
• Board Policy 2054_Sexual and Other Assaults (PDF)
• HR Procedure 1080.12_Sexual Assaults (PDF)
• HR Procedure 1040.07_Unlawful Discrimination and Unlawful Harassment (PDF)
• HR Procedure 1080.13_Registered Sex Offender Information (PDF)

Sexual discrimination, harassment, assault, misconduct, or violence includes any non-consensual sexual conduct. Harassment can involve stalking or sharing sexual material that threatens, intimidates, or disrupts someone’s ability to study or work.

Key Points:

• Report any such behaviors immediately.
• Prompt reporting helps support victims and allows for effective investigation.
• Retaliation against anyone who reports or participates in the investigation is prohibited and may result in sanctions.

If you have been raped or sexually assaulted or if you are in danger, call 911 and/or the Diablo Valley College Police immediately, at 925-969-3000.

Complaints of sexual discrimination, misconduct or harassment should be filed with the college Title IX Coordinator:

1. Report incident online.
2. Report incident to Title IX Coordinator:
   Vicki Ferguson
   Vice President of Equity and Student Services/Title IX Coordinator
   Location: Administration Building, 207
   dvcvpstudentservices@dvc.edu
3. Report incident to campus police:
   Diablo Valley College, Police Services is located in Parking Lot 1. You can call 925-696-2785 or 925-288-4600 after normal business hours.
4. Report incident to Diablo Valley College Human Resources Office

Complaint Process

Students can file a formal unlawful discrimination complaint. The Vice President of Student Services will provide the complaint form and forward it to the District Vice Chancellor of Human Resources.

Key Steps:

• Investigation: Starts within 10 days of receiving the complaint. The District has 90 days to investigate and share the findings with the complainant and the State Chancellor's Office.
• Appeal: If unsatisfied with the outcome, students can appeal to the District Governing Board within 15 days. The Board has 45 days to act on the appeal.

• If you believe you or anyone else is in immediate danger, call 911 as soon as possible.
• All people should get help if they witness or experience sexual misconduct or violence.
• If you experience sexual violence, you are not to blame. It does not matter when it happened, where it happened, or what the circumstances surrounding the incident were. It is not your fault.

Seek medical attention

No matter what happened, you should seek medical attention as soon as you can, even if you are not sure if you want to report the incident.

• It is the best way to protect you from the risk of sexually transmitted diseases and pregnancy.
• And, even if you think you are physically okay, you may have injuries that need treatment.
• You may choose to go directly to any local hospital’s emergency department.

Preserve evidence of the sexual violence

While you might be tempted to try to erase all signs of what happened to you, and understandably so, it is important to preserve the evidence. You may need it to provide proof of criminal activity or to obtain a protection order.

Do not do any of the following things until you’ve gotten medical attention and/or contacted the police.

• Bathe or shower
• Use the restroom
• Change clothes
• Comb hair
• Clean up the crime scene
• Move anything the offender may have touched
• Do not try to collect evidence yourself
• Get help from medical or law enforcement personnel as soon as possible, or at least within 72 hours of the assault

DVC Wellness Counseling

Wellness Interns are either graduate students in a master's or doctorate degree program or trainees. Trainees have completed their degree and are gaining required hours for their license. They are here to offer brief therapy, which is free and students may meet with a Wellness Counselor up to five sessions. 

Students interested in this program will need to fill out this referral form (PDF) and send it via email with their availability.

Interpersonal / domestic violence support

• Call 1-800-799-7233 to connect with the National Domestic Violence Hotline
• Chat online is available at thehotline.org
• Text LOVEIS to 22522 to text a trained counselor 
   

Contra Costa Crisis Center

The Contra Costa Crisis Center is open 24 hours a day, 7 days a week.  If you need someone to talk to, they are there to help you.

• Talk to a crisis counselor by phone by calling 800-833-2900 
• Text with a crisis counselor by texting the word COURAGE to 741741.

Off-Campus Community Support & Resources

• The California Coalition Against Sexual Assault is a statewide coalition of rape crisis centers and prevention programs. CalCasa's mission is to eliminate sexual violence and to ensure that resources for support are available to survivors.
• Contra Costa Alliance to End Abuse

Preventing sexual assault on college campuses requires education, awareness, and active bystander intervention. Learn more about essential resources for recognizing unsafe situations in relationships, debunking common myths about sexual assault, and providing peer support to empower students in creating a safe and respectful community. Whether you're seeking to prevent harm or support a survivor, you'll find guidance here. 

To help the DVC community understand sexual violence policies, here are key definitions:

Consent: In California, "Affirmative Consent" means active, voluntary, and informed agreement. Consent cannot be given if force, threats, or coercion are involved, or if a person is incapacitated, unconscious, under 18, or has limited mental capacity.

Consent is not implied by silence, a relationship, or prior sexual activity and can be revoked at any time. If someone communicates a desire to stop, the other person must stop immediately. Continuing after consent is revoked is assault.

Alcohol/Drugs and Consent

Consent cannot be given if someone is impaired by alcohol or drugs. Signs of impairment include:

• Stumbling or falling
• Unable to stand or walk
• Slurred speech or unclear communication
• Confusion or inability to focus
• Loss of control over bodily functions
• Sleeping or unconscious
• The initiator must ensure clear, affirmative consent is given

Other Key Terms

Campus SaVE Act: Enacted in 2013, it expands the Clery Act to provide additional protections for victims of dating violence, domestic violence, sexual assault, and stalking, and mandates prevention and awareness programs.

Clery Act: Requires colleges to report annual crime statistics, including sexual assault, and develop prevention policies.

Confidentiality: The college will not disclose names in sexual misconduct cases except as required by law or on a need-to-know basis. Confidentiality differs from anonymity.

Confidential Employees: Licensed mental health counselors at DVC are exempt from mandatory reporting.

Dating Violence: Violence between individuals in a romantic or intimate relationship, determined by the length, type, and frequency of their interactions (based on VAWA 42 U.S.C. 13925).

Domestic Violence: Abuse or threats of abuse between people in or formerly in an intimate relationship (e.g., married, dating, living together, or sharing a child) or related by blood/marriage.

Human Trafficking: A form of modern slavery where victims are exploited through force for sex or labor, often lured by false promises.

Respondent: A college community member charged with sexual misconduct.

Responsible Employee: An employee with the authority to address sexual violence or required to report it to the Title IX coordinator. This includes:

• Instructors (professors, lecturers, etc.)
• Academic Counselors
• Coaches and athletic staff
• Administrators
• Classified employees interacting with students
• Supervisors and college officials

Retaliation: Intimidation, threats, or adverse actions against someone for reporting sexual misconduct or participating in an investigation.

Sexual Assault: Any non-consensual sexual act involving coercion, threats, or force, or when the victim cannot consent (e.g., due to age, unconsciousness, or intoxication). The perpetrator may be known or unknown to the victim.

Sexual Harassment: Unwelcome sexual behavior, including advances, requests, or conduct. It creates a hostile environment when it limits a person’s participation in education or affects employment, and is prohibited.

Sexual Misconduct: Includes sexual harassment, violence, dating/domestic violence, rape, assault, exploitation, and stalking.

Sexual Violence: Non-consensual sexual acts, including rape, assault, and coercion, especially when the victim cannot consent due to intoxication or disability.

Stalking: Repeated harassment that causes a person to feel terrorized, frightened, or threatened.

Title IX Coordinator: The college official responsible for overseeing Title IX compliance and handling sexual misconduct reports.

Violence Against Women Act (VAWA): Federal law defining domestic violence, dating violence, sexual assault, and stalking.

Emergency Conduct Issues

If you believe the conduct issue is an emergency, do not report it to the code of conduct. Please refer to our emergency procedures for guidance.

Reporting Student Code of Conduct Violations

The student code of conduct helps maintain a safe and respectful community. It supports a high-quality learning and working environment for all.

Examples of Violations:

• Cheating
• Plagiarism
• Assisting in academic dishonesty
• Habitual profanity or vulgarity
• Making excessive noise
• Willful disobedience
• Defiance of authority

Report an incident electronically using the Symplicity Advocate Software

• Log in with your full email username (username@email.4cd.edu).
• Use your InSite Portal/Colleague password.
• Save this link as a bookmark or favorite in your browser. 
• For technical assistance on completing the online form, please contact Carrie Sadighian, by email at csadighian@dvc.edu or by calling 925-969-2114.

Upon submission of your report, you will receive an automatic confirmation of receipt from
dvc-advocate@advocate.symplicity.com.

After a report is filed, it will be assigned to a conduct officer who will conduct an investigation. The conduct officer will follow up with the reporting party.