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Reporting Sexual Assault, Sexual Harassment or Stalking and Resources

Gavilan Community College District strives to provide a safe environment in which students can pursue their education free from the detrimental effects of sexual misconduct, which includes sexual assault, sexual harassment and stalking. Therefore, the District seeks to educate students, faculty, and staff about these issues and to provide a means of recourse for those students who believe they have been the recipients of unwanted sexual behavior. Gavilan reserves the right to respond with whatever measures it deems appropriate to prevent sexual misconduct and preserve the safety and well-being of students, faculty and staff.

This page is designed to assist students who are recipients of unwanted sexual behavior by providing available resources, reporting options and other information related to sexual misconduct.

Reporting Options

The District encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident of sexual violence. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response.

The District also encourages all individuals to make a report to the College. Reporting options are not mutually exclusive. Both internal and criminal reports may be pursued simultaneously.

Making a report means telling someone in authority what happened -- in person, by telephone, in writing or by email. At the time a report is made, a Complainant does not have to decide whether or not to request any particular course of action, nor does a Complainant need to know how to label what happened. Choosing to make a report, and deciding how to proceed after making the report, can be a process that unfolds over time. The College provides support that can assist each individual in making these important decisions, and to the extent legally possible will respect an individualís autonomy in deciding how to proceed. In this process, the College will balance the individualís interest with its obligation to provide a safe and non-discriminatory environment for all members of the campus community.

Victims of sexual violence on campus are urged to report the incident to District Safety and Security or go to the Student Health Office inside the Student Center SC118. Victims will be provided with immediate care and transportation to a medical facility, if necessary. If the Health Office is closed, please call Campus Security at 408-710-7490.

Off-campus victims should immediately call 9-1-1 to report the crime to local law enforcement authorities. Reporting a rape or other act of sexual violence does not commit a victim to filing charges. Even if the victim was under the influence of alcohol or drugs at the time of an attack, a sex crime has still occurred. California Penal Code says that sexual assault victims cannot be charged for misdemeanor alcohol or drug use at the time of the attack.

  • You can make a police report to:
    • Santa Clara County S.O. (800)-211-2220 (Gilroy Campus)
    • Holister PD (714) 744-7444 (Hollister Campus).
    • Morgan Hill PD (xxx) xxx-xxxx (Morgan Hill Campus).
    • If this is an emergency, call 911.
  • You can make a report to Campus Safety
    • (408) 710-7490
  • You can make a report to the Vice President of Student Services
    • Kathleen Moberg (408) 848-4732
  • If the incident involves Gavilan faculty or staff, you can file a complaint with the Office of Human Resources (408) 848-4753.

Filing a Civil Suit

A victim may choose to file a civil suit against the defendant whether or not criminal charges have been filed. A civil suit gives a victim an opportunity to recover actual damages. This may include compensation for medical expenses, lost wages, pain,suffering, and emotional distress.

Obtaining a Protective/Restraining Order

A victim may also choose to obtain a protective/restraining order. Protective orders are civil court orders to protect victims who have experienced or are reasonably in fear of physical violence, sexual assault, or stalking by another individual. In California, one may obtain a domestic violence restraining order or a civil harassment restraining order. If a victim reports to law enforcement, they may assist them in obtaining a restraining order from a criminal court. Gavilan is committed to ensuring that any such order is fully upheld on all institutionally owned and controlled property. Gavilan is also committed to protecting victims from any further harm.

Campus Resources

Students and staff may get assistance at the SAC or SCC Health Center for on and off campus counseling and other support services. The district maintains a zero tolerance policy regarding sexual violence. All reports of sex crimes on our facilities will be thoroughly investigated so that appropriate sanctions, including disciplinary, criminal and civil action can be taken by the district and/or the State.

Initial Title IX Assessment

In every report of sexual harassment or misconduct, the district will make an immediate assessment of any risk of harm to individuals or to the campus community and will take steps necessary to address those risks. These steps may include interim protective measures to provide for the safety of the individual and the campus community.

The initial review will proceed to the point where a reasonable assessment of the safety of the individual and of the campus community can be made. Thereafter, the investigation may be initiated depending on a variety of factors, such as the Complainantís wish to pursue disciplinary action, the risk posed to any individual or the campus community by not proceeding, and the nature of the allegation.

Seeking Interim Actions

Whether or not a student or employee reports to law enforcement and or pursues any formal action, if they report an incident of sexual violence to the district, we are committed to providing them as safe learning or working environment as possible.

Upon request Gavilan will make any reasonably available change to a victimís academic and or working situation. Examples of interim actions include: shielding a student from ongoing contact with an individual; taking that individual out of a class or issuing an administrative no-contact order; assigning an individual to a different lab or other clinical setting; asking an administrative authority to speak to the individual to express serious concern about a behavior; reminding the individual of policies and definitions relating to sexual misconduct; and offering counseling targeted to addressing sexual aggression. Interim actions do not preclude formal discipline.

Formal Complaint

Bringing a formal complaint will lead to an investigation and a hearing (in most cases), and can result in punitive outcomes. Filing a complaint is often the best way to seek protection from future harm. The student bringing the complaint retains considerable control, although not total, as the process unfolds.

Potential actions, which may be imposed following the final determination of an on-campus disciplinary procedure regarding sexual offenses, are: 1) dismissal; 2) suspension; 3) probation; and 4) referral to local law enforcement agencies for prosecution, pursuant to Board Policy # 5201 (Standards of Student Conduct).

An on-campus disciplinary proceeding, applicable to individual students, student organizations, faculty and staff, will be held in cases of alleged sexual assaults. The accuser and the accused are entitled to the same opportunity to have others present during such a hearing. Both the accuser and the accused shall be informed of the outcome of this hearing.

Community resources for victims of sexual assault include:

  • North County Rape Crisis Center: 714-834-4317
  • South County Rape Crisis Center: 714-752-1971
  • Anaheim Regional Medical Center: 714-774-1450
  • Community Service Programs, Inc. (CSP): 24 hour hotline, 714-957-2737, and 949-831-9110

Other Resources

Where can I find information on how to reduce my risk of being a victim of sexual assault or stalking?

Last modified: October 26, 2015
Gavilan College Red Diamond 5055 Santa Teresa Boulevard Red Diamond Gilroy, CA 95020 Red Diamond (408) 848-4800