File a Sexual Misconduct Complaint
You have a right to feel safe.
Zero Tolerance for Sexual Misconduct
Chemeketa maintains a safe and healthy educational and work environment in which no member of the community is excluded from participation in, denied the benefits of, or subjected to discrimination in any college program or activity on the basis of sex, sexual orientation or gender identity or gender expression.
Chemeketa has zero tolerance for –
- Sexual harassment
- Sexual assault
- Intimate partner violence
- Dating violence
- Domestic violence
Anyone found participating in any of these behaviors may be subject to disciplinary action and prosecuted in accordance with Chemeketa Community College policies and Oregon's state laws.
Filing a Complaint or Report
Chemeketa encourages all individuals to report any alleged or suspected violation of its Sexual Harassment, Discrimination and Misconduct policy to the Title IX Coordinator by –
The Title IX Coordinator will consider how to proceed when Individuals who request that their name or other identifiable information not be shared with the respondent or that no formal action be taken. In such circumstances, the Title IX Coordinator may arrange for limited fact-finding by an investigator to better understand the context of the complaint.
Chemeketa has confidential campus advocates who are trained to explain an individuals’ options for reporting. Information shared with an advocate is strictly confidential and does not prompt a formal report. Campus advocates are available during business hours. To schedule an appointment, please call our counseling services at 503.399.5120.
Retaliation can take many forms, including abuse or violence, threats, and intimidation. Chemeketa prohibits any attempt to seek retribution against an individual or group of individuals involved in filling a report or complaint, participating in the disciplinary process, or opposing in a reasonable manner an action believed to constitute a violation of college policy.
KNOW YOUR RIGHTS
When Reporting to the College
Both the complainant and respondent have equal rights, such as the right to –
- A prompt and impartial investigation
- Have an adviser of choice during the process
- Present evidence or have witnesses speak on their behalf
- Receive the final decision in writing at the same time
- Have the right to appeal a final decision
- Learn and work in a safe environment
- Access campus counseling
In addition, the complainant has a right to –
- Notify law enforcement of incidents and receive assistance from Chemeketa in doing so
- Decline to report the incident to law enforcement
- Have Chemeketa investigate their allegations
- Seek help from Chemeketa in enforcing orders of protection, no-contact orders, restraining orders, or similar lawful orders issued by criminal, civil, or tribal courts
- Request interim measures (academic/employment accommodations, no contact order, temporary restrictions for safety measures)
- File a complaint without fear of retaliation
When Reporting to Law Enforcement
The criminal process beings with a police report. If there is enough evidence to support an arrest -
- There will be a pre-release trial hearing where the judge will consider the safety of the reporting party
- The reporting party can refuse to speak to the defendant's attorney
There are constitutional and statutory rights that may be asserted by the reporting party, their attorney, or the prosecution, upon request.
When Seeking Civil Legal Remedies
Generally, the following are available without the need for a police report.
Depending on the circumstances, a protective order may be an option. In Oregon, the following protection orders are available -
- Restraining order
- Sexual Abuse Protective Order
- Elderly Persons and Persons with Disabilities Abuse Prevention Act Restraining Order
Civil lawsuits may be an option in suing the responsible party(ies) for personal injury or forms of harm.
File a Complaint with the Department of Education
Anyone who believes that an educational institution has discriminated against them on the basis of sex, gender, color, race, national origin, disability, or age, may file a complaint with the Office for Civil Rights (OCR).
Complaints may be filed 180 calendar days of the date of the alleged discrimination, unless the time for filing the complaint is extended by OCR for good cause shown under certain circumstances.
File a Complaint with the Federal Department of Justice
The Department of Justice enforces federal laws that protect students and employees from harassment and discrimination.
Unemployment insurance may be available when the reporting party quits for domestic violence, stalking, or sexual assault and safety reasons.
An employer may not refuse to make reasonable safety accommodations.
An employer may not discriminate or retaliate against victims of sexual violence.
Employees may file a complaint with the federal Equal Employment Opportunity Commission (EEOC) or the Bureau of Labor and Industry (BOLI). A complaint must be filed within 180 days of the alleged discrimination or discriminatory harassment.
Sexual violence victims can break a lease and request to have their locks changed by the landlord.
Landlords cannot discriminate or retaliate against a victim of sexual violence.
Immigration relief is available to crime victims in the U.S.
This information is not a comprehensive list and is not intended to provide legal advice. To learn more consider consulting an attorney or your college official.
Chemeketa encourages all individuals to report any alleged or suspected violation of its sexual harassment, discrimination, and misconduct policy to the Title IX coordinator, and to report potential criminal conduct to law enforcement. Anyone who seeks to make a complaint or report may do any or all of the following –
- Request interim measures from the Title IX coordinator
- File a complaint or report with the Title IX coordinator, thereby invoking the Chemeketa’s internal disciplinary process
- Contact Public Safety for assistance in filing a criminal complaint and preserving physical evidence
- Contact local law enforcement to file a criminal complaint
- File a complaint with the Department of Education/Office of Civil Rights
- Individuals may also seek a protective order such as restraining order, sexual assault protective order, or stalking order. A police report is not required to request a protective order.