Administrative Procedure 3500
A campus safety plan shall be developed and provided to students in the form of a Campus Security Report which is published annually.
The Chief of Police prepares and annually updates a report of all occurrences reported to Police Services the San Jose Police Department and the Milpitas Police Department of, and arrests for, crimes that are committed on campus and that involve violence, hate violence, theft or destruction of property, illegal drugs, or alcohol intoxication, and of all occurrences of noncriminal acts of hate violence reported to campus authorities. A written report shall be distributed to all students and District employees consistent with the Clery Act requirements and will also be posted on the Campus Police webpage.
Written records of noncriminal acts of hate violence shall include at least a description of the act of hate violence, the victim characteristics, and offender characteristics, if known.
Reporting of Crimes
Administrative Procedure 3515
Members of the District who are witnesses or victims of a crime should immediately report the crime to Police Services.
In the event an employee is assaulted, attacked or menaced by a student, the employee shall notify his/her supervisor as soon as practical after the incident. The supervisor of any employee who is attacked, assaulted, or menaced shall assist the employee to promptly report the attack or assault to Police Services. The supervisor himself/herself shall make the report if the employee is unable or unwilling to do so. Reporting a complaint to local law enforcement will not relieve the District of its obligation to investigate all complaints of harassment.
The District will instruct members of Police Services to notify students and employees complaining of sexual violence of their right to file a sex discrimination complaint with the District in addition to filing a criminal complaint, and to report incidents of sexual violence to Police Services if the complainant consents.
The District shall publish warnings to the campus community about the following crimes that are reported to Police Services and are determined to be an on-going threat to the campus community:
- Criminal homicide – murder and non-negligent manslaughter;
- Criminal homicide – negligent manslaughter;
- Sex offenses – forcible and non-forcible sex offenses;
- Domestic violence, dating violence and stalking;
- Aggravated assault;
- Motor vehicle theft;
- Arrests for liquor law violations, drug law violations, and illegal weapons possession;
- Persons who were not arrested for liquor law violations, drug law violations, and illegal weapons possession, but who were referred for campus disciplinary action for same;
- Crimes that manifest evidence that the victim was intentionally selected because of the victim’s actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability and involve larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property, or any other crime involving bodily injury;
In the event that a situation arises, either on or off campus, that, in the judgment of the Chief of Police or his/her designee, constitutes an ongoing or continuing threat, a campus wide “timely warning” will be issued. The warning will be issued through the District emergency notification system to students, faculty, and staff. The information shall be disseminated by Police Services in a manner that aids the prevention of similar crimes.
Depending on the particular circumstances of the crime, especially in all situations that could pose an immediate threat to the community and individuals, the Chief of Police or his/her designee may also post a notice on the campus-wide electronic bulletin board on the District website at www.sjeccd.edu providing the community with more immediate notification. The electronic bulletin board is immediately accessible via computer by all faculty, staff and students. Anyone with information warranting a timely warning should report the circumstances to Police Services, by phone 408-270-6468 or in person at Evergreen Valley College, 3095 Yerba Buena Road, San Jose, CA 95135 or San José City College, 2100 Moorpark Avenue, Student Center 108, San Jose, CA 95128 during normal business hours.
The District shall not be required to provide a timely warning with respect to crimes reported to a pastoral or professional counselor.
If there is an immediate threat to the health or safety of students or employees occurring on campus, the District shall follow its emergency notification procedures.
The District shall annually collect and distribute statistics concerning crimes on campus. All college staff with significant responsibility for student and campus activities shall report crimes about which they receive information.
The District shall publish an Annual Security Report every year by October 1 that contains statistics regarding crimes committed on campus and at affiliated locations for the previous three years. The Annual Security Report shall also include policies pertaining to campus security, alcohol and drug use, crime prevention, the reporting of crimes, sexual assault, victims’ assistance program, student discipline, campus resources and other matters. The District shall make the report available to all current students and employees. The District will also provide prospective students and employees with a copy of the Annual Security Report upon request. A copy of the Annual Security Report can be obtained by contacting District Police at Evergreen Valley College, 3095 Yerba Buena Road, San Jose, CA 95135 or San José City College, 2100 Moorpark Avenue, Student Center 108, San Jose, CA 95128 during normal business hours or at the Website address published in http://www.sjeccd.edu/district-services/district-police.
To Report a Crime:
Contact Police Services at 408-270-6468 or dial 9-1-1 from an internal district phone. Any suspicious activity or person seen in the parking lots or loitering around vehicles or inside buildings should be reported to the police department.
If you are the victim of a crime and do not want to pursue action within the District’s System or the criminal justice system, you may still want to consider making a confidential report. With your permission, the Vice President of Student Affairs can file a report on the details of the incident without revealing your identity. The purpose of a confidential report is to comply with your wish to keep the matter confidential, while taking steps to ensure the future safety of yourself and others. With such information, the District can keep an accurate record of the number of incidents involving students, determine where there is a pattern of crime with regard to a particular location, method, or assailant, and alert the campus community to potential danger. Reports filed in this manner are counted and disclosed in the annual crimes statistics for the institution.
Police Services encourages anyone who is the victim or witness to any crime to promptly report the incident to the police. Because police reports are public records under state law, the Police Services cannot hold reports of crime in confidence. Confidential reports for purposes of inclusion in the annual disclosure of crime statistics can generally be made to other campus security authorities as identified below. Confidential reports of crime may also be made to Vice President of Student Affairs at SJCC at (408) 288-3146 or the Vice President of Student Affairs at EVC at (408) 223-6738.
Required Reports to Local Law Enforcement Agency
Any report of willful homicide, forcible rape, robbery, aggravated assault, sexual assault, or hate crime, committed on or off campus, that is received by a campus security authority and made by the victim for the purposes of notifying the institution or law enforcement must be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency. The report shall not identify the victim, unless the victim consents to being identified after the victim has been informed of his/her right to have his/her personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency.