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HomeMy WebLinkAboutRANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT (28)INSURANCE NOT REQUIRED WORK MAY PROCEED 0•.FD 0) CITY CLERK kftdr. DATE: N a N-2024-087 m lu.. Cull^z� Q POLICE OPERATIONS AND PROTOCOL AGREEMENT PARTIES This Police Operations and Protocol Agreement ("Agreement") is between the Rancho Santiago Community College District ("District") acting by and through the Chancellor of the Rancho Santiago Community College District, and the City of Santa Ana ("City") acting by and through the Chief of the Santa Ana Police Department ("Police"). The District and the Police may be referred to herein individually as "Party," and collectively as "Parties." 2. RECITALS This Agreement is based on the following factual recitals: a. WHEREAS, the Parties have a history of working cooperatively when necessary to protect the health, safety. and welfare of members of the Rancho Santiago Community College District Community; and b. WHEREAS. the Parties share the goal of preventing violent crimes including sexual assault at the District and in the community, and responding appropriately to victims of these crimes; and C. WHEREAS, the Patties believe that having a partnership can strengthen, and help sustain, their mutual efforts to prevent and effectively respond to sexual assault and other crimes using a fair, victim centered, and trauma -informed approach; and d. WHEREAS, the District has legal obligations under Title IX of the Higher Education Act Amendment of 1972 ("Title IV) to take prompt and effective action in response to allegations of sexual assault involving members of its colleges, including Santa Ana College (collectively referred to hereafter as "College") and the Rancho Santiago Community College District Community who may be the victim, alleged perpetrator, or witness to alleged conduct; and e. WHEREAS, the District has related obligations under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act") and the Education Code; and f. WHEREAS, the Parties desire to clarify how they may cooperate and collaborate in certain circumstances as described herein. 3. TERM The term of this Agreement shall commence on February 1, 2024 and shall continue up and through January 31, 2029, unless terminated according to the provisions of this Agreement. MMUNIMIM" This Agreement, in part, is in compliance with the Kristen Smart Campus Safety Act of 1998, specifically, Education Code Section 67381(b), which requires agreements between community colleges and local law enforcement agencies which "clarify operational responsibilities for investigation of Part I violent crimes, sexual assaults, and hate crimes occurring on or near campus". Education Code Section 67381(e) provides that 'local law enforcement agencies shall enter into written agreements with campus law enforcement agencies" 5. MIRPOSES The purposes of this Agreement are to clarify police jurisdiction and procedures to facilitate cooperation between the Parties and to promote compliance with the numerous state and federal laws related to these issues such as those set forth in Education Code Sections 67380 et seq., the Clery Act, and Title IX. This Agreement also will ensure the proper reporting of all violent crimes and any property crime occurring on or near the District's campuses or centers in compliance with the FBI Uniform Crime Reporting Program. 6. )&FTNIT,ION5 Within this agreement, the following definitions applys 7. a) "Part I violent crimes," means willful homicide, forcible rape, robbery, and aggravated assault, as set forth in Education Code Section 67381(i)(2). b) "Hate Crime" means any offense described in Penal Code Section 422.55. c) "Sexual Assault includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by foreign object, sexual battery, or threat of any of these, as set forth in Education Code Section 67381(i)(4). d) "Part I Property Crime" includes arson, burglary, larceny -theft, and motor vehicle theft, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigations. The Parties understand that under Education Code Section 6738 I(a), "campus law enforcement agencies have the preliminary authority for providing police or security services, including investigation of criminal activity, to their campuses." This provision notwithstanding, the Police are responsible for all law enforcement and criminal investigative activities at the District that involve Part I crime (including violent or property crime), hate crime, or sexual assault, and any reported property crime. In compliance with Education Code Section 67380(a)(6)(A), the District will, as soon as reasonably practical, notify Police of any such crime that occurs on or near District facilities. Pursuant to the Education Code Section 67381(d), attached hereto as exhibit "A" are descriptions and maps setting forth the geographical boundaries of the District's facilities within the meaning of the Clery Act. The addresses are noted below. a) Santa Ana College, 1530 W. 171h Street, Santa Ana, CA 92706 b) Centennial Education Center, 2900 W. Edinger Avenue, Santa Ana, CA 92704 c) Digital Media Center, 1300 S. Bristol Street, Santa Ana, CA 92704 d) Remington Education Center, 1325 E. 0 Street, Santa Ana, CA 92701 e) RSCCD, 2323 N. Broadway, Santa Ana, CA 92706 8. CONFIDENTIAL REPORTING Pursuant to Education Code Section 67380(a)(6)(A), the Parties understand that the District shall require any report made by a victim or an employee of a Part I violent crime, sexual assault, or hate crime, received by a District security authority and made by a victim for purposes of notifying the District or the Police to be immediately, as soon as practicably possible, disclosed to the Police without identifying the victim, unless the victim consents to being identified after the victim has been informed of his or her right to have his or her personal 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, unless the District determines both of the following, in which case the District shall disclose the identity of the alleged assailant to the Police and shall immediately inform the victim of that disclosure: (a) The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the District; and (b) The immediate assistance of the Police is necessary to contact or detain the assailant. 9. CL.ERY ACT: TIMELY WAMINGS, and EMERGENCY NOTIFICrATIONS The Parties agree to coordinate the sharing of information about reported crimes in order to facilitate legal obligations of the District to issue Timely Warnings and Emergency Notifications pursuant to the Clery Act. MWO111aullimum:_,.. The Parties will comply with applicable law and guidance regarding anonymous and confidential reporting of sexual assault and other crimes, including when, how, and what information can or must be disclosed to Police or to designated District officials. Each Party shall maintain the confidentiality of any information discovered through investigation of alleged criminal offenses, including the confidentiality of the victim, to the extent authorized by applicable state and federal law, and at victim request. RMA"J.'AuTral,�\ a) The Parties agree to confer and cooperate, to the extent permitted by law, regarding incidents of sexual assault and other crimes involving victims who are District or College students, employees, guests, or visitors. b) The Police agree to notify the District promptly when it becomes aware that a District or College student, employee, guest, or visitor is identified as the victim or alleged perpetrator of a sexual assault, hate crime, or Type I violent crime, so as to coordinate resources to minimize and prevent further victimization, to trigger appropriate institutional investigative action, and to adequately inform the District of serious ongoing threats to health and safety. c) Upon request, the Parties will provide one another with information and records to the extent allowed or required by federal, state, or local law, rules, and regulations as well as in accordance with applicable Police or District policy. d) Nothing in this Agreement shall be construed as requiring the Police to share information if the Police reasonably believe that doing so would jeopardize its criminal investigation or would violate law or policy. 12. REPORTING and ASSISTANCE a) The Police will provide reasonable assistance as requested by the District relating to matters of Public Safety, maintenance of order beyond the control of the District, and investigation of Part I Crimes at District locations and facilities as specified above. b) Where legally and operationally expedient, members of the Police initiating criminal or civil process (i.e., criminal investigations, arrests, service of arrests warrants, criminal summons, peace/protective orders, and search warrants) on District's campus(es) will inform the Chief, District Safety & Security at the earliest practical opportunity following the activity. c) The Police will work with the District to review emergency plans and to provide training when reasonable and practical. d) Significant crimes which occur off -campus, but which pose a serious or continuing threat to the District Community will be reported to the Chief, District Safety & Security as soon as practicable. e) The Police agree and understand that regardless of whether a victim of sexual assault consents to disclosure of his or her identity, he or she has the right to a sexual assault forensic medical examination at no cost, and has the right to participate or not in the criminal justice system, and if he or she does participate in the criminal investigation or prosecution, he or she may do so through a pseudonym. f) For any crime, including crimes of sexual assault, the Police will be the lead agency for the criminal investigation, prosecution, and the interpretation of forensic evidence. The Parties shall be cognizant of the objective of not forcing a victim to give multiple statements about a traumatic event, the Police shall keep the District informed about the status of the investigation, and prosecutions for crimes committed on or near campus or involving the College or District Community. g) The Police agree to provide crime data to the District related to crimes occurring on or near the District's property, on a regular basis, at the request of the District, in order for the District to comply fully with the Clery Act. a) The police agree to collaborate with the District as appropriate when responding to allegations of sexual assault involving one or more members of the District Community along the lines set forth in this Section of the Agreement. b) The Police agree to also offer victim advocacy resources to victims of sexual assault, and with the victim's consent, to coordinate referrals for support services with the District and College. c) The Police will ensure that officers who respond to reports of sexual assault receive trauma- infomnation and sexual assault training that teaches officers to encourage reporting, while also empowering victims to make their own choices about what course of action to pursue. This will include training regarding interviewing in an effective and bias free manner, including forensic interviewing and evidence gathering techniques, as well as trauma informed and bias -free investigative skills that emphasize avoiding questions and behaviors that may contribute to the re- victimization of a victim or witness. d) if requested by the Police as necessary to prevent Interference with a criminal investigation, the District agrees that it may need to temporarily delay the fact-finding portion of an investigation while the Police is gathering evidence. Once the Police notifies the District that it has completed its gathering of evidence, the District will promptly resume fact-finding. However, the Police understands and agrees the District may need to take immediate interim action to protect the victim and or to keep the District safe. e) The Parties agree to support and participate in existing interdisciplinary sexual assault response teams. f) The Police agree that no officer or responding individual for the Police will make statements or act in any manner that directly or indirectly discourages the victim from pursuing criminal charges. g) The District will ensure that victims know of the right to report sexual assault to the Police and will assist victims who wish to report to do so promptly, in order to facilitate preservation of evidence and an effective response by trained criminal investigators. The District agrees that when sexual assault is reported to the District, the District will notify the victim of their reporting options, including the right to file a Title IX complaint with the District and his or her right to file a criminal complaint, as well as his or her right to decline to notify the Police. The District will provide the victim with information on how to file Title IX and criminal complaints and will neither dissuade nor require the victim to make a criminal complaint. h) The Parties agree that in the immediate aftermath of a sexual assault, a victim should be directed to, and receive assistance to access services, including referrals to counseling, a health examination, and with the victim's consent, a Sexual Assault Forensic Exam (SAFE), at no cost to the victim and irrespective of whether the victim engages with law enforcement. If the victim does engage with law enforcement and is transported to a hospital for a medical evidentiary or physical exam, the Parties acknowledge that the Police must notify a rape crisis counselor immediately. The Parties agree that under all circumstances in which the victim consents to a medical exam and a SAFE Exam, the Police will provide transportation if requested. If the victim declines Police transportation, or if the victim reports to a medical facility, the Police will respond to the medical facility and will contact a local rape crisis center to respond to Vie medical facility as well. With the consent of the victim, the medical facility can contact a local rape crisis center to respond to the medical facil ity to provide support to and advocacy for the victim. The Police will pay for the SAFE exam, and the Parties agree that the Police will not directly or indirectly pressure the victim to report the offense. The Parties agree to ensure the timely and proper collection of evidence, when the victim has made a report to the Police and agree that the collection of evidence will not violate the victims' request for confidentiality. The victim can be encouraged to report the incident in order to permit the Police to make a timely seizure of evidence even if the victim later chooses not to proceed with criminal charges. The Police also agree to collect, properly package, and maintain evidence by booking it into the property room of the Police to preserve the chain of custody and to take appropriate steps to preserve fragile or biological evidence or other evidence at risk of destruction. When a SAFE exam is completed, the Police will collect the SAFE kit, submit itto the appropriate crime lab foranalysis pursuant to California law, and ensure the proper handling, proper custody and proper control of all collected evidence. 14. CRIME TRENDS a) The District is required by the Clery Act to collect and publish statistics for reports of certain crimes, including crimes that occur on and near campus. As part of that obligation, the District hereby requests crime statistics from the police annually. The Police agree to continue to cooperate with the District and undertake reasonable efforts to respond to requests for additional crime statistic requests. b) The Police agree to keep the District informed about current trends and patterns in sexual assault, Part I violent crimes, and hate crimes by sharing data and analysis. c) The Parties acknowledge that the District is required by federal law to always to have an emergency notification process to alert the campus community about significant emergencies or dangerous situations that pose an immediate threat to the health and safety of students or employees occurring on campus. The District is also required by federal law to issue timely warnings to alert the campus community about certain crimes in a manner that is timely and will aid in the prevention of similar crimes. Timely warnings must be issued for crimes that represent a serious or continuing threat to students. d) If the Police become aware of a significant emergency or dangerous situation that poses an immediate threat to the health and safety of the District's students or employees, or becomes aware of a crime that represents a serious or continuing threat to the District's students or employees, the Police will notify the District, as soon as possible, so the District can determine whether an emergency notification or timely warning should be issued by the District. e) The Parties understand the District's obligations to make crime information available pursuant to Education Code Section 67380(a)(3). 15. TRAINING AND OUTREACH a) The Parties agree to meet and confer to provide education and training opportunities of interest to the Parties. The District will coordinate with the Police to implement training and education opportunities, taking into account the availability of the Police, the District, and other resources. b) The Parties will endeavor to hold at least annual meetings to review the effectiveness of their collaboration. The District will take the lead in setting up these meetings. c) The Parties agree to engage in outreach to the campus community to promote positive working relationships between law enforcement and students, employees, and other stakeholders, as agreed by Parties. 16. MISCELLANEOUS a) No Provision of this Agreement shall form a basis of a cause of action at law or equity by either Party against the other Party, nor shall any provision of this Agreement form the basis of a cause of action at law or equity by a third party. b) The Parties shall indemnify, defend and hold harmless the other party's, elected and appointed officers, including the District's Board of Trustees, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising firom or connected with the acts and/or omissions arising from and/or relating to this Agreement. c) Either Party may terminate this Agreement upon 30 days' notice. This Agreement may be amended or terminated only by mutual agreement of the Parties. An amendment or termination must be in writing. d) Written notices to the Chief of the SantaAnaPolice Department shall be sent by registered or certified mail, postage prepaid and addressed to said party at 60 Civic Center Plaza, Santa Ana, CA 92701. Written notices to the Chancellor of the Rancho Santiago Community College District shall be sent by registered or certified mail, postage prepaid and addressed to said party at 2323 N Broadway, Santa Ana, CA 92706, or to such other addressee as designated by the District. IN WITNESS WHEREOF, the City of Santa Ana and Rancho Santiago Community College District cause this Agreement to be entered into on their behalf by their duly authorized employees or officers the day, month and year first written above. CITY OF SANTA ANA By: See attached signature page City Manager BY: See attached signature page Chief of Police DATE DATE RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT Vice Chancellor, Busin Services DATE N-2024-087 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: NNI LL Ci erk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: � A mjl� TA ARA BOGOSIAN Senior Assistant City Attorney CITY OF SANTA ANA r TOM HATCH Interim City Manager RECOMMENDED FOR APPROVAL: ROBERT RODRIGUEZ Acting Chief of Police Santa Ana College, 1530 W. 171h Street, Santa Ana, CA 92706 *Campus address, including parking lot on 17`hBristol. (outlined in green). **Public Property is adjacent streets, sidewalks (outlined in yellow). Centennial Education Center, 2900 W. Edinger Avenue, Santa Ana, CA 92704 *Campus address (outline in green) **Public Property is an adjacent Park. High School property included (outlined in yellow), exclude school buildings. Digital Media Center, 1300 S. Bristol Street, Santa Ana, CA 92704 *Campus address (outlined in green). **Public Property is adjacent streets, sidewalks and public property (outlined in yellow). Remington Education Center, 1325 E. 4`h Street, Santa Ana, CA 92701 a *Campus address (outlined in green). **Public Property is adjacent streets, sidewalks (outlined in yellow). MAINSTREET BROADWAY