The Department of Community Safety

If you have been raped, sexually assaulted or are in immediate danger, call 911 and/or Campus Police at 510-466-7236 from your cell phone or ext. 6468 from any campus phone.

What to Do If You Have Been Sexually Assaulted

If you have been sexually harassed or physically or verbally assaulted, the College urges you to report the incident to the Vice President of Student Affairs, the Title IX Coordinator, or to Campus Police Services.

1. First and foremost, know that what happened was not your fault!
2. After an assault has occurred, GO TO A SAFE PLACE. Seek a friend or a trusted person on campus to be with you for moral support. You can also go to the home of a friend or family member, or any place where you can find physical safety and receive emotional support. The Student Health Services on each campus is a safe and confidential place to report.
3. Report the attack to law enforcement immediately.
   1. If the assault occurs on campus, we urge you to contact:
      1. Merritt College, Vice President of Student Services and Title IX Coordinator at 12500 Campus Dr, R-113E, or call (510) 436-2478.
      2. Call 911 for local authorities.
   2. If you have experienced or witnessed sexual assault, harassment, or violence on campus, you may remain anonymous when calling 911 or the Peralta Community College District Police by identifying the call as a SaVe Act call instead of giving your name.
4. Seek medical care as soon as possible.
   1. Even if you do not have any visible physical injuries, you may be at risk of acquiring a sexually transmitted disease (women may also be at risk for pregnancy). We encourage you to go to the Merritt College Student Health Services Building R-106 or call (510) 436-2533 for medical, counseling services, and/or contact any of the following health referral services:
      1. Oakland Police: Dial 911 or (510) 777-3333
      2.  Alameda County Victims of Crime Services: (510) 272-6180
      3. 24-Hour Sexual Assault Crisis Hotline: (510) 845-7273
5. Preserve all evidence of the attack.
   
   1. Do not bathe, wash your hands, brush your teeth, eat, or smoke.
   2. Do not clean, straighten up, or remove anything if you are still at the location where the crime occurred.
      1. Write down all the details you can recall about the attack and the perpetrator.
6. Seek medical care as soon as possible.

If you want more information, contact RAINN’s (Rape, Abuse & Incest National Network) National Sexual Assault Hotline at:

• Call (800) 656-HOPE
• Use the internet to access help at rainn.org. A counselor can help you understand the reporting process.

Action Recommendations courtesy of Rape, Abuse, Incest National Network (RAINN) https://rainn.org/

When Should I Report A Complaint?

Sexual discrimination, harassment, assault, misconduct, or violence can take many forms, including any sexual conduct that lacks mutual consent.  Harassment may take the form of stalking or the distribution, display, or discussion of any written, graphic, visual or auditory material that is sexual in nature and has the purpose or effect of threatening, intimidating, or interfering with a person’s ability to study or work.  All such behaviors should be reported immediately. Peralta Community College District and Merritt College are committed to ensuring a community that is safe for all who study, live, work, and visit here.  Immediate notification of an issue is critical to fulfilling our commitment to you.  We understand that sexual discrimination, harassment, assault, misconduct, or violence may be difficult to report but immediate reporting allows for the best possible efforts to support victims and to investigate and address the report. Retaliation against anyone who reports in good faith or participates in the investigative process is prohibited and may be subject to sanctions as determined by the College.

What Happens When I Report A Complaint To District Police?

When the incident is reported to campus police, the following can occur:

• The police will investigate and cooperate with the local police, District Attorney, and other appropriate agencies if the severity of the incident warrants such interactions.
• As a current student, the police will also report the incident to the College Title IX Coordinator and the Vice President of Student Services (VPSS).
• The Title IX Coordinator will provide you with referral information to appropriate support services and resources.  You will be asked if you would like to file a formal complaint.  If you make the decision to formally file a complaint, the Title IX Coordinator will provide you with the Peralta Community College District Formal Discrimination Complaint Form. He or she can assist you in completing the form if you prefer.
• If another student is involved, the VPSS or designee, who is usually the Director of Student Activities and Campus Life, will follow appropriate disciplinary procedures.  If a staff or faculty member is involved in the complaint, the Vice-Chancellor of Human Resources will be contacted.

If I Do Not Report To The District Police, To Whom Do I Report A Complaint?

Complaints of sexual discrimination, misconduct, or harassment should be filed with:

Merritt College Title IX Coordinator, Dr. Lilia Chavez, or email to lchavez@peralta.edu.

When the incident is reported to the staff, faculty, or administrator, the staff member will complete the Title IX Incident Report Form and send it to the Title IX Coordinator.  The Title IX Coordinator will then contact you and schedule a meeting.

Important Merritt College Contacts

Vice President of Student Services, Dr. Lilia Chavez, Rm R-113E,  (510) 436-2478

Campus Police, Student Center,  (510) 466-7236

Director of Student Health Services, Stefani de Vito, Rm R-106, (510) 436-2468

Director of Student Activities and Campus Life, Doris Hankins, Rm R-124, (510) 434-3982

Campus Sexual Assault Victim Bill Of Rights

Victims of sexual assault will have the right to:

• Reasonable changes to academic and living situations
• Referrals to counseling and assistance in notifying law enforcement
• Same opportunity as the accused to have others present at the disciplinary hearing
• Unconditional notification of outcomes of hearing, sanctions, and terms of sanctions in place
• Opportunities and assistance to speak (or choose not to speak) to anyone regarding the outcome
• Name and identifying information kept confidential (FERPA).

Major Terms Defined

• Consent is an act of reason and deliberation; a person who has sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another.  Consent assumes that a person has the physical power to act and can reflect, and be unencumbered in exerting these powers.
  "Consent is shared permission for sexual activity. For consent to be considered effective, it must be knowing and voluntary. Effective consent to engage in sexual activity must exist from the beginning to the end of each instance of sexual activity and for each form of sexual contact.  Effective consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity. Consent may not be given if a person is incapacitated or under duress, and non-communication does not indicate consent.” (Guilford College, Sexual Assault Information) To be consensual, there must be “... positive cooperation” and “the person must act freely and voluntarily...” (See California Penal Code, 261.6 for complete definition).
• Sexual Assault means conduct in violation of one or more of the following California penal code sections:
  • Section 261—rape;
  • Section 261.5—statutory rape;
  • 264.1—rape in concert;
  • Section 285—incest;
  • Section 286—sodomy;
  • Subdivision c of section 288—lewd or lascivious acts upon a child;
  • 288a—oral copulation;
  • 289—sexual penetration; or
  • 647.6—child molestation.
• Domestic Violence/Family Violence means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to:
  • Sexual relations between the parties while sharing the same living quarters;
  • Sharing of income or expenses;
  • Joint use or ownership of the property;
  • Whether the parties consider themselves spouses (e.g. husband and wife);
  • The continuity of the relationship, and
  • The length of the relationship.
    For complete information, see California Penal Code Section 13700

• Dating Violence includes any abuse, mistreatment, or sexual contact without consent at any stage of a dating relationship.

• • For  resources and references, please refer to the following:
    • http://schoolhealthcenters.org/wp-content/uploads/2012/06/CA_TDVConfidentialityReporting_11-15-10-Final.pdf
• Stalking means any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for their safety, of their immediate family.
  • The Elements of Stalking:
    • A person willfully, maliciously, and repeatedly followed or harassed by another person;
    • That person following or harassing made a credible threat;
    • The person who made the threat did so with the specific intent to place the other person in reasonable fear for his or her safety or the safety of the immediate family of such person(s).
      • For more info, see California Penal Code 646.9
• Campus Security Authorities (CSAs)
  • Under the Clery Act, campus security authorities include:
    • District Police
    • Vice President, Student Services
    • Vice-Chancellor, Human Resources
    • Director, Student Activities and Campus Life
    • Faculty or staff advisors to the ASMC (Associated Student Merritt College) & authorized clubs
    • Coaches and/or the Athletic Director.

However, the Peralta Community College District, which includes Merritt College, has been advised by District Counsel to follow the all-encompassing Title IX laws and the Office of Civil Rights (OCR), which includes the Campus Security Authorities (CSAs) listed above and Title IX Coordinator, deans, directors, and professors:

• Have the authority to take action to redress sexual misconduct
• Have a duty to report sexual misconduct, or
• Is an employee whom the student reasonably believes has above authority or duty
• Examples of who is Exempt as a Campus Security Authority include:
  • Pastoral counselors
  • Professional counselors, including Mental Health counselors
  • Person uncertified but acting under the supervision of an exempt counselor

What Is Title IX?

Title IX is a federal law that applies to educational institutions receiving federal financial assistance and prohibits discrimination on the basis of sex in an educational institution’s programs or activities, including employment, academic, educational, extracurricular and athletic activities (both on and off-campus). Title IX protects all people regardless of their gender or gender identity from sex discrimination, including sexual harassment and sexual violence, which are forms of sex discrimination. Title IX requires institutions to take necessary steps to prevent sexual assault on their campuses and to respond promptly and effectively when an assault is reported.

Title IX Of The Education Amendments Of 1972

(“Title IX”), 20 U.S.C. §1681 et seq is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public and private elementary and secondary schools, school districts, colleges, and universities (hereinafter “schools”) receiving any Federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion.

Therefore, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. Although Title IX is primarily known for advancing equity in women’s sports, it provides federal civil rights that prohibit sex discrimination in education programs and activities such as:

• Admissions or financial aid.
• Housing and facilities.
• Courses, academic research, and other educational activities.
• Career guidance, counseling, or other educational support services.
• Employment, training for employment, or advancement in employment.

Title IX On A College Campus

The protections of Title IX also extend to sexual harassment and sexual assault, or violence that impairs or interferes with access to equitable educational and employment opportunities.  Title IX is applicable to all members of the campus community, individuals doing business with the campus, those using campus facilities, and those who engage in volunteer activities or work for FM.
Each school must designate a Title IX coordinator to review, update, and implement Title IX and to ensure an effective and timely response to complaints of sexual violence, discrimination, or harassment.

• Dr. Lilia Chavez, Vice President for Student Services, is the Merritt College Title IX Coordinator. She can be reached at (510) 436-2478.
• Doris Hankins, Director of Student Activities and Campus Life. She can be reached at (510) 434-3982

What Is The Clery Act?

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (commonly referred to as the “Clery Act”) was named after a 19-year old freshman at Lehigh University.  In 1986, Jeanne was raped and murdered in her residence hall.  The perpetrator was another student she did not know.  Her death led to national awareness of the campus crime Federal Jeanne Clery Act.
The Clery Act requires colleges and universities to report annual statistics on crime, including sexual assault and rape, on or near their campuses, and to develop and disseminate prevention policies.

What Is VAWA And The SaVE Act?

The Violence Against Women Act of 1994 (VAWA) is a United States federal law (Title IV, sec. 40001-40703Violent Crime Control and Law Enforcement Act of 1994, H.R.335) signed as L. 103–322 by President Bill Clinton on September 13, 1994 (codified in part at 42 U.S.C. sections 13701 through 14040). The Act provides $1.6 billion toward the investigation and prosecution of violent crimes against women, imposes automatic and mandatory restitution on those convicted, and allows civil redress in cases prosecutors choose to leave unprosecuted. The Act also establishes the Office on Violence Against Women within the Department of Justice. On March 7, 2013, President Obama signed a bill that strengthened and reauthorized the Violence Against Women Act (VAWA). Included in the bill was the Campus Sexual Violence Elimination Act (Campus SaVE), which amends the Jeanne Clery Act and clarifies that “sexual violence” includes domestic violence, dating violence, and stalking, which must be included in campus Clery reports, and also requires that institutional policies address and prevent sexual violence through training, education, and certain discipline procedures.

Campus SaVE Act higher education obligations include:

1. Increases transparency about sexual assault issues on campus by expanding sexual crime reporting;
2. Identify the institution’s Campus Security Authority (CSA) personnel
3. Creates a Campus Sexual Assault Victim Bill of Rights;
4. Sets standards for disciplinary proceedings; and
5. Requires campus-wide prevention education programs while the Clery Act requires annual reporting of statistics for various criminal offenses, including forcible and non-forcible sex offenses and aggravated assault, VAWA’s SaVE Act provision adds domestic violence, dating violence, and stalking to the categories that, if the incident was reported to a campus security authority or local police agency, must be reported under Clery.

Additional County, City, District, College, and Community Resources

Oakland Police Department: Emergency dial 911 or (510) 777-3333

Peralta Community College District Police Services: (510) 466-7236

Merritt College Student Health Services: (510) 436-2533

Alameda County Victims of Crime Services:

• Victim Witness Services – (510) 272-6180

Alameda County Crisis Support Services

• 24-Hour Crisis Line: (800) 309-2131
• Grief Counseling/Support: (800) 206-0094
• 24-Hour Stress Support Hotline: (888) 866-7561

Alameda County Emergency Shelter Program: (510) 786-1284

Alameda County Community Food Bank: (510) 635-3663 or (800) 870-3663

24-Hour Sexual Assault Crisis Hotline: (510) 845-7273

Highland Hospital

• Healthcare Line: (510) 437-4800
• Domestic Violence Line: (510) 534-9290
• Psychiatric Outpatient: (510) 535-7476

East Bay Community Recovery Project: (510) 446-7100

Bay Area Legal Aid: (510) 250-5270 or (800) 551-5554

Emergency Shelter Program: (510) 786-1284

Cal Fresh Food Assistance/MediCal (Peralta Rep): (510) 444-9655

What should I do if I or a friend may have been sexually assaulted at Merritt College?

You should seek medical attention as soon as possible. Call Peralta Police Services at (510) 466-7236 and they will help you or your friend get the care you need. A member of the counseling center is available during most days and can be reached at (510) 748-2320.

If you wish to pursue a complaint against the alleged perpetrator, or if you wish to discuss your options, you should consult with the College’s Title IX Coordinator, Dr. Lilia Chavez, Vice President of Student Services, lchavez@peralta.edu,  (510) 436-2478, Building R, Room 113E.

 

What should I do about preserving evidence of a sexual assault?

Physical evidence of a criminal sexual assault must be collected from the alleged victim’s person within 72 hours, though evidence can often be obtained from towels, sheets, clothes, etc. for much longer periods of time.  If you believe you have been a victim of a criminal sexual assault, you should go to the Hospital Emergency Room, before washing yourself or your clothing.  The Dean on call or another support person should accompany you to the hospital.  Having the evidence collected in this manner will help keep all options available, but will not obligate you to any course of action.  Collecting evidence can assist the authorities in pursuing criminal charges, should you decide later to exercise it.  If you have changed clothing since the assault, bring the clothing you had on at the time of the assault with you to the hospital in a clean, sanitary container such as a clean paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe, and may render evidence useless).  If you have not changed clothes, bring a change of clothes with you to the hospital, if possible, as they will likely keep the clothes you are wearing as evidence.

 

What should I do if I am uncertain about whether what I experienced constitutes sexual assault?

If you believe that you have experienced a non-consensual sexual contact, but are unsure of whether it was a violation of the College’s sexual misconduct policy, you should contact the Counseling Center on campus or another trusted administrator who can help you to define and clarify the event(s), and advise you of your options.

 

Does the complaint remain confidential?

The privacy of all parties to a complaint of sexual misconduct must be strictly observed, except insofar as it interferes with the College’s obligation to fully investigate allegations of sexual misconduct.  Where privacy is not strictly kept, it will still be tightly controlled on a need-to-know basis.  Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted.  Violations of the privacy of the complainant or the accused student may lead to conduct action by the College.

If you report an act of alleged sexual misconduct local police will be notified. This does not mean charges will be automatically filed or that a victim must speak with the police, but that the College is legally required to notify law enforcement authorities.  The College also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics.  This statistical report does not include personally identifiable information.

 

Can I make a report anonymously?

Any individual may make an anonymous report concerning an act of sexual misconduct. An individual may report the incident without disclosing his/her name, identifying the Respondent or requesting any action. Depending on the level of information available about the incident or the individuals involved, however, the College’s ability to respond to an anonymous report may be limited.  Anonymous reports may be made to the Mental Health Counseling Center. All reports will be sent anonymously to the Title IX Coordinator.

 

Do I have to name my assailant?

Yes, if you want formal disciplinary action to be taken against the alleged assailant.  No, if you choose to respond informally and do not file a formal complaint.  Survivors should be aware that not identifying the assailant may limit the College’s ability to respond comprehensively.

 

Will the accused student know my identity?

Yes, if you file a formal complaint.  Sexual misconduct is a serious offense and the accused student has the right to know the identity of the complainant/alleged victim.  If there is a hearing, the College does provide options for questioning without confrontation.  The answer is only no if no specific name or identity is provided.  In this situation the issue is counted in the College’s reporting data, but no formal investigation or confrontation can be conducted.

 

If I report my assailant, I am afraid that I will be subject to retaliation from the assailant or his or her friends.  What kinds of protection can Merritt College provide to me?

It is a violation of College policy to retaliate in any way against an individual or a group because the individual or group of individuals reported an allegation of sexual harassment or misconduct.

The College recognizes that retaliation can take many forms and may be committed by an individual or a group against an individual or a group, and that a Respondent can also be the subject of retaliation by the Complainant or a third party.  The College will take immediate and responsive action to any report of retaliation and may pursue disciplinary action as appropriate.  An individual reporting sexual harassment or misconduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not proven.

 

What if I have a relationship with the person who assaulted me?

It is never okay to force, threaten, or coerce someone into having sex against their will, even if they are in a relationship. Just because you have been intimate with someone in the past does not automatically mean you give consent for any and all future sexual activity.

 

Will my parents be told?

Whether you are the Complainant or the accused student, the College’s primary relationship is to the student and not the parent. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents. College officials will directly inform parents when requested to do so by a student, or in certain instances where a health or safety emergency exists, or if the College determines such communication is necessary.

 

What do I do if I am accused of sexual misconduct?

Do not contact the alleged victim.  You must contact the Vice President of Student Services, who will explain the College’s procedures for addressing sexual misconduct complaints, explain the rights and responsibilities of the Complainant and Respondent, explain the prohibition against retaliation, and explain the Hearing Board process.

 

My assailant attends one of my classes.  I am also having difficulty concentrating on my schoolwork.  How can I receive help with my courses?

If your assailant attends one of your classes, you may change classes. If you request such a change and it is determined necessary, a Title IX Coordinator will work with your class Dean and/or the Registrar’s Office to help switch your classes and assist in getting extensions on coursework if necessary.

 

Will a student be punished when reporting a sexual misconduct policy violation if he/she has illegally used alcohol and/or other drugs?

Merritt College’s primary concern is the health and safety of its students.  When conducting an investigation of an alleged sexual assault, the College’s focus will be on addressing the sexual assault and not the lesser policy violations that may be discovered or disclosed.  The College may, however, provide referrals to counseling or require other educational options.

 

Will the use of alcohol or other drugs affect the outcome of a sexual misconduct complaint?

The use of alcohol or drugs by either party will not diminish the responsibility of the accused.  However, alcohol or other drugs are likely to affect memories and may affect the outcome of a case.

 

Will either party’s prior use of drugs and/or alcohol be a factor when reporting sexual misconduct?

Not unless there is a compelling reason to believe that prior use or abuse is relevant to the present complaint.

 

If I engage in a sexual activity with someone who has been drinking, can I be accused of sexual assault?

Yes. It is against the College’s Sexual Misconduct policy to engage in any sexual activity with someone who is mentally or physically incapacitated, and therefore incapable of giving consent.  Alcohol may cause such a state of incapacitation. When one or both parties is intoxicated, people can misinterpret another’s sexual intentions and often proceed before the issue of consent has been clarified. For such reasons, it is unwise to engage in sexual activity while intoxicated.  When one or both parties are intoxicated.

 

Can I file a complaint with the College and also with the police?  Can I do one and not the other?

Yes. You may take action through both the campus disciplinary system and the criminal justice system. The College encourages Complainants to pursue criminal action for incidents of sexual harassment or misconduct that may also be crimes under California law. In every case of sexual violence, the College will notify the Police Department of the allegations.  The College will also assist a Complainant in making a criminal report and will cooperate with law enforcement agencies if a Complainant decides to pursue the criminal process to the extent permitted by law.  However, a Complainant may also choose not to pursue criminal action, and under most circumstances, the Peralta Sheriff’s Department will not force a Complainant to pursue charges if he/she is not willing to do so.

 

How do I file a complaint?

A person, who has experienced an incident of sexual misconduct, as defined in the Sexual Misconduct Policy, may file a complaint against the Merritt College student responsible for that conduct. “Person” may include any member of Merritt College, including students, faculty, administrators, staff members, or visitors. You will make the complaint with the Title IX Coordinator, Dr. Lilia Chavez, Vice President of Student Services, lchavez@peralta.edu,  (510) 436-2478, Building R, Room 113E.

 

What is the role of the Investigator?

The Vice President of Student Services or designee will designate an Investigator of their choosing to conduct a thorough, impartial, and fair investigation.  The Investigator chosen will have specific training and experience investigating allegations of sexual misconduct.  The Investigator will coordinate the gathering of information from the Complainant, Respondent, and other individuals or entities with relevant information regarding the complaint using any of the following processes.  The Investigator will share with the Complainant and Respondent for comment or rebuttal information and documentation considered material to the findings related to the complaint.  In addition to reviewing any documents submitted by the Complainant and Respondent, the Investigator will try to obtain such other physical or medical evidence relevant to the investigation as the Investigator determines, in his or her judgment, to be necessary, including but not limited to documents, police records, electronic or other record of communications between the parties or witnesses, records or other relevant information.  In obtaining such evidence, the Investigator will comply with applicable laws and College policies.  The Investigator may visit relevant sites or locations and record observations through written or photographic documentation.  The Investigator will interview the Complainant and the Respondent separately and may interview one or both more than once as necessary.  The Complainant and Respondent may be accompanied by their respective Advisors.  The Investigator will make a good faith effort to contact and interview any witnesses identified by the parties or in the documentation, including those no longer at the College.  The Investigator may also interview any other individual he or she finds to be potentially relevant to the allegations of the complaint.  The Investigator will inform each witness or other individual interviewed that they are prohibited from retaliating against the Complainant and Respondent or other witnesses.  The Investigator may contact any expert the Investigator determines is necessary to ascertain the facts related to the complaint.  An expert witness may be contacted for an informal consult or for a professional opinion regarding information learned from the investigation.  The Investigator will prepare an Investigative Report summarizing and analyzing the relevant facts determined through the Investigation, referencing any supporting documentation or statements.  The Investigative Report may include summaries of interviews with the Complainant, Respondent, third-party witnesses, experts, and any other individuals with relevant information, photographs of relevant sites or physical evidence, electronic records and forensic evidence.  The Investigator may provide a summary of his/her impressions including context for the evidence, but will not make a determination as to whether a violation occurred, reserving that decision for the Hearing Board.  The Vice President of Student Services or designee will provide the Complainant and the Respondent with a copy of the Investigative Report before the Hearing.

 

Who is present at the disciplinary hearing, and will I need to be in the same room as my assailant?

Those who may be present at the hearing are the Complainant, the Respondent, their respective Advisors, Investigator, witnesses, and other College officials. The Investigator and witnesses may only be present in the hearing room when they are providing information to the Hearing Board. The Complainant and Respondent will be present in the hearing room; however, a Complainant or Respondent may also request participation in the hearing by other suitable means that would not require physical proximity to the other. This can include, but is not limited to, partitioning a hearing room or using technology to facilitate participation. The Hearing Board may also allow for witnesses to appear through other technological means. All requests to participate in the hearing other than in person must be reviewed in advance by the Vice President of Student Services or designee as Chair to ensure compliance with a fair and equitable process.

 

What is the time frame for resolution?

The investigation and resolution (including appeal) of all reports will generally be completed within 60 to 90 days.  Extenuating circumstances, including the complexity and severity of a complaint, may arise that require the complaint process to extend beyond 60 to 90 days. In general, a Complainant and Respondent can expect to receive periodic updates as to the status of the review or investigation. In the event that the investigation and resolution exceed this time frame, the College will notify all parties of the need for additional time, and best efforts will be made to complete the process in a timely manner.

Read our Annual Security Reports

The Peralta Community College District (PCCD) Annual Security Report (ASR) is provided in accordance with the Crime Awareness and Campus Safety Act of 1990 and amendments that followed resulting in being renamed the Jeanne Clery Act in 1998. The ASR is part of ongoing efforts to inform you of the safety programs and services available in addition to the crimes that are reported to Peralta Sheriff’s, local police partners and other campus security personnel. Included are proactive steps and information, such as reporting a crime, what to do in an emergency, sexual assault, domestic violence, and stalking information and resources, alcohol and drug-abuse information, campus standards for student conduct, and descriptions of educational programs that are vital to your safety. Important phone numbers and contacts are disclosed for your information and to assist you with any serious campus issue or threat. It is advised that you keep this report with you on campus or download it on your laptop or at least input important contacts to your phone. It’s time to be proactive in maintaining a safe and 
secure campus for everyone

Merritt College Campus Safety Aides are students of the Administration of Justice program who help take care of the safety needs on the Merritt College campus.

For immediate help, call the Safety Aides on campus at (510) 436-2546, from 8 a.m. to 10 p.m. on Monday-Friday. You can also call the Peralta Police Services at 466-7236, or x7236 from any campus phone.

Title IX Coordinator and Vice President of Student Services
Dr. Lilia Chavez

Building R-113E
lchavez@peralta.edu
(510) 436-2478

Read more about Title IX

Merritt College recognizes that sexual assault, dating and domestic violence, and stalking are serious issues. The College seeks to ensure that members of its campus community are aware that such behavior is prohibited by law and by college policy, and that the College will not tolerate any of these acts, including rape, on its campus.

The Peralta Community College District (PCCD), of which Merritt College is a part, has adopted Board Policy 3540 and Administrative Procedure 3540, Sexual and Other Assaults on Campus (www.peralta.edu). The policy is a statement of the District/College’s commitment to educate the college community in order to prevent occurrences of sexual violence. The District/College will provide assistance and support to victims of sexual assault, dating and domestic violence, sexual harassment, and stalking, and take appropriate actions to correct and discipline behavior that is found to violate the District/College policy or state regulations regarding these offenses.

Under this policy, sexual harassment includes but is not limited to sexual assault, sexual exploitation, stalking, cyber-stalking, bullying, cyber-bullying, aiding or facilitating the commission of a violation, and retaliation.
Consistent with the values of an educational and employment environment free from harassment based on sex, the College also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

We encourage all members of our campus community to seek support for and report all sexual harassment and sexual misconduct directly to the College of Alameda Sheriff or the Title IX Coordinator. These individuals will assist in eliminating the misconduct, preventing its recurrence, and addressing the effects.

Please see options for immediate actions, options for reporting the incident and getting support, and our Frequently Asked Questions Page. Regardless of where it is reported, all complaints will be vetted by the Title IX Coordinator. If you need immediate confidential counseling, the Highland Hospital Sexual Assault Center provides confidential rape crisis counseling to men and women, 24 hours a day, at 510-534-9290.