Palomar College Police Department
Sexual Assault Policy & Information

 
Sexual Assault/Rape (definition, reporting, action & victim support)

Sexual assault is any form of sexual activity wherein such action is forced upon a person against his or her will. Forms of sexual assault include rape, forced sodomy, forced oral copulation, sexual battery and/or forced insertion of a foreign object into vagina or anus. Sexual battery is any touching of the intimate part(s) (genitals, breasts, buttocks) of another person for the purpose of sexual arousal, gratification or abuse (California Penal Code 243.3).

Rape is defined as sexual intercourse wherein the following circumstances apply (California Penal Code Chapter 1, Title 9, Part 1):

• when the victim cannot give legal consent because of a developmental or physical disability, or a mental disorder

• when such intercourse is forced by means of violence or threat(s) of bodily injury 

• when the victim is provided alcohol, drugs and/or and substance whereby the consumption would render the victim incapable of resisting

• when the victim is unconscious during intercourse

• when the victim is led to believe that the offender is his or her spouse

• when the victim is threatened with retaliation in any form

Campus Police Chief

All victims of sexual assault are strongly urged to contact the Campus Police Chief directly for assistance. The Palomar College Police Department Chief will assist victims in contacting local law enforcement for investigation (the Palomar Community College District relies on respective law enforcement agencies for investigation of Part I crimes). In instances where the San Diego County Sheriff's Department is involved, the Campus Police Chief and the Sheriff's Department will provide the victim with Sheriff's Department personnel who specialize in the assistance, transportation & medical care (if necessary) of victims of sexual assault. The Chief of Police will also coordinate with the Campus Health Services for any support that the victim may require. For statistical purposes, the Campus Police Department will maintain anonymous records of any report(s) filed. 

During the course of investigation, both the Campus Police Chief and investigators from the respective agency will provide the victim with information specific to criminal and/or civil prosecution of the offender. A victim may pursue criminal (other than any levied by the investigating agency) and civil action through the investigating agency, and disciplinary action through the college. Victims should contact the Director of Student Affairs and/or the Vice President of Human Resource Services for details regarding the initiation of disciplinary action and to obtain academic or personal counseling assistance.

Any person with information regarding a sexual on campus should contact the Campus Police Department or the Health, Counseling or Human Resources Services as soon as possible.

Health Services 

The Health Service office will provide immediate medical attention and provide referral service(s) to victims of sexual assault. Health Services will also provide victims with sexual assault information, parental/spouse/friend notification (if applicable), schedule immediate campus counseling & coordinate with Sheriff's Department crisis support personnel. 

Confidentiality

Confidentiality is assured to victims of sexual assault contact the Campus Police Department for assistance or reporting. Any request(s) for assistance, counseling or information will not generate a complaint against the offender unless the victim is willing to file such a complaint. Any responses within the public domain (i.e. press) will only be provided when confidentiality is assured.

The disciplinary process shall respect the rights of the victim and the accused in determining whether the hearing shall be open or closed; in allowing the victim to have another person accompany him/her throughout the disciplinary hearing; the right to be present throughout the hearing; the right not to have his or her past sexual history introduced as part of any testimony. 

Disciplinary Action

The victim will receive information regarding how to pursue any criminal or civil action(s), the disciplinary process, and academic or personal counseling assistance. Based on information provided, the victim may choose to pursue criminal action through the investigating agency, civil action via the courts, and disciplinary action through the college. The district will take disciplinary action against any member of the campus community (student, staff or faculty) that commits any form of sexual assault. Students shall be disciplined in accordance with the Rules and Regulations for Student Behavior. Employees of the District shall be disciplined through the disciplinary procedure as established for their employee group. 

Implementation & Administration

Preventing sexual assault and controlling campus crime requires the participation and cooperation of the entire campus community. The Campus Police cannot successfully prevent crime unless criminal events, incidents or attacks are promptly reported. All member of the campus community are encourage to alert the Campus Police of any suspicious activity, potential dangers, areas or circumstances that may increase the potential of a crime, and any incidents of sexual assault, battery or rape. Each member of the campus community is responsible for reporting any instances of possible or actual sexual assault. Any faculty, staff or student that is aware of a sexual assault incident that has occurred on campus, or at any facility maintained by the district, should inform the Campus Police Chief as soon as possible. The name of the victim is not a requirement for reporting.

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