Any student who is alleged to have committed sexual misconduct or assault will be subject to student disciplinary action in accordance with the Foothill-De Anza Community College District Administrative Procedure 5520 – Student Due Process and Discipline.
In campus hearings, legal terms like guilt, innocence and burdens of proof are not applicable, but the college never assumes a student is in violation of district policy. Campus hearings are conducted to take into account the preponderance of all evidence available from all relevant sources.
Each college reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect students’ rights and personal safety.
Such measures include, but are not limited to
- Modification of class assignments/arrangements
- Interim suspension from campus pending a hearing
- Reporting the matter to the local police
Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the college reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. The college will consider the concerns and rights of both the complainant and the person accused of sexual misconduct.
Any student found responsible for violating the policy on Non-Consensual or Forced Sexual Contact (in which no intercourse has occurred) will likely receive a sanction ranging from probation to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.
Any student found responsible for violating the policy on Non-Consensual or Forced Sexual Intercourse will likely face a recommended sanction of suspension or expulsion.
Any student found responsible for violating the policy on sexual exploitation or sexual harassment will likely receive a recommended sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.
The disciplinary hearing board reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. Neither the initial hearing officers nor any appeals body or officer will deviate from the range of recommended sanctions unless compelling justification exists to do so.