Folsom Lake College takes accusations of sexual assault very seriously. Throughout the investigation process, we will be fair to both the person who reports the sexual assault (the reporting party) and the person who allegedly committed the sexual assault (the responding party). If you have been accused of sexual assault, then you are the responding party.
Folsom Lake College prohibits retaliation against an individual or group because they have participated in proceedings related to a sexual assault allegation and will promptly respond to any report of retaliation. We recognize that a responding party can be the subject of retaliation.
Your Legal Rights (as the Responding Party)
If you have been accused of sexual assault, then you have the right to:
- Be informed of the charges against you
- Be present at court proceedings and college proceedings
- Retain an attorney of your choice to represent you in criminal and civil proceedings
- Have an attorney paid for in criminal proceedings if you cannot afford one
- Remain silent and not testify
- Subpoena witnesses and documents in criminal and civil proceedings
- Present testimony and cross-examine witnesses in criminal and civil proceedings
- Have a jury trial in criminal and civil proceedings
- Have an advisor of your choice accompany you to college proceedings
College Investigation Process
A reporting party may report an alleged incident to both law enforcement and the Title IX officer. In this case, the campus adjudication process and the criminal process may be conducted simultaneously. In addition, the reporting party may file a Title IX complaint with the Office for Civil Rights of the U.S. Department of Education.
The college process is separate from the police and courts. The college Title IX and/or Equity officer will investigate the alleged incident. If a college official has a reasonable belief that a crime has been committed, she or he may be obligated to report that to law enforcement, if police have not already been notified.
In most cases, the college will not wait until a criminal case is resolved before proceeding with the college process. In addition, in cases where a police investigation has been or is being conducted, law enforcement may be able to provide some information to the Title IX officer with the reporting party’s consent. The college’s fact-finding investigation may be delayed for a short period of time upon a request from law enforcement, but will be resumed as soon as possible.
Interim Remedial Measures During Investigations
During the course of an investigation, the college and police may provide interim remedial measures to protect the reporting party while the investigation is ongoing. These measures may include:
- Issuing no-contact orders
- Arranging for schedule changes
- Obtaining a restraining order
- Reassignment or administrative leave (for employees)
If you have been accused of sexual assault, then please be mindful of your actions and avoid all contact with the reporting party until the matter is resolved.
Most sexual violence or sexual harassment investigations conducted through the Title IX officer take up to 90 days to be resolved, depending on the complexity of the case and the number of parties involved. The college will inform you of the outcome of the case in writing. Both parties have the option to appeal the outcome of an investigation.
Sanctions and Protective Measures
If an investigation concludes that a violation of policy occurred, then disciplinary procedures will be imposed against the responding party.
For students, sanctions may include:
- Disciplinary probation
- Recommended counseling
- Other educational sanctions
For employees, sanctions may include:
- Letters of reprimand
- Written warnings
- Oral warnings
To learn more about the investigation process and the rights of the responding party, refer to our Sexual Assault: Reporting and Resources Guide (PDF).
- Intent and Accountability for Equal Opportunity – Policy 2113 (PDF) / Regulation 2113 (PDF)
- Discrimination and Harassment Complaint Procedures – Policy 2423 (PDF) / Regulation 2423 (PDF)
- Sexual Harassment – Policy 2424 (PDF)
- Due Process – Policy 2442 (PDF) / Regulation 2442 (PDF)
- Standards of Conduct – Policy 2441 (PDF) / Regulation 2441 (PDF)
- Sexual Violence, Relationship Violence and Stalking – Policy 2541 (PDF)
- Intent and Accountability for Equal Opportunity – Policy 6111 (PDF)
- Discrimination and Harassment Complaint Procedures – Policy 6163 (PDF) / Regulation 6163 (PDF)
- Sexual Harassment – Policy 6161 (PDF)
- Just Causes for Discipline – Policy 6912 (PDF)
- Counseling Memo/Letter of Reprimand – Policy 6913 (PDF) / Regulation 6913 (PDF)
- Severe Disciplinary Action – Policy 6914 (PDF) / Regulation 6914 (PDF)
- Appeal Process – Policy 6915 (PDF)