Saratoga News
News
Unhappy student leaves West Valley after filing complaint
By Chris Vongsarath
A sexual harassment complaint by a West Valley College student against a student employee has left only one of them still on campus.
The complaint was brought to the administration's attention on Dec. 4 after a confrontation between the two students in their math class, which had occurred about a week before. However, according to the student who filed the complaint, the problem started months before when she began receiving unsolicited text messages from her classmate.
After the complaint was filed, the college conducted an eight-week investigation that concluded on Jan. 28, the first day of classes for the spring semester.
The student employee, 42, has since been removed from his campus position, though not expelled from the college, while the student who filed the complaint, 19, said she still fears for her safety and has decided to not to return to classes this semester.
Both students are from San Jose and shall remain nameless for purposes of student confidentiality.
Although the text messages began in September, West Valley only took into consideration a Dec. 2 text message that was of a "sexual nature." According to an e-mail sent by James Andrews, associate vice chancellor of West Valley College, to the student who filed the complaint, the text message "did not rise to the level of sexual harassment, [but] it did violate all or part of West Valley's Student Code of Conduct Policy."
Andrews, who headed the investigation, referred questions to Ruth Carlson, director of public affairs for the West Valley-Mission Community College District.
Carlson said the investigation followed proper protocol per West Valley College's policies regarding sexual harassment, and the college acted accordingly.
The student who filed the complaint, suspecting the accused student has a criminal record, said she wanted him expelled, but the college only went so far as to remove him from his position with the Student Ambassador and Outreach Program.
Carlson said West Valley conducts a background check on its permanent employees, but not its temporary or seasonal employees, which would include student employees. She added that it would not be feasible for the college to screen every employee.
Nonetheless, the college took the necessary steps in this matter, she said.
"We try to respect the rights of all of our students and the safety of all of our students, which is our primary concern," Carlson said. "It's something we have to look into for everybody and not something we take lightly."
Meanwhile, during the investigation, the student who filed the complaint took her concerns a step further.
Two weeks after the Dec. 4 meeting with West Valley administrators, she sought a restraining order in Santa Clara Family Court. At a hearing on Jan. 7, the court issued a restraining order against the accused student.
The restraining order prohibits the accused student from being within 100 feet of the student who filed the complaint when they are on the West Valley College campus, and 300 yards anywhere else.
"I thought if the court could see that the guy has a problem, the school would, too," said the student who filed the complaint. "It took the court three weeks to hear both sides of the story and issue a restraining order, but the college took eight weeks just to make a decision."
On Feb. 5, the student who filed the complaint, in hopes of salvaging her semester, attempted to attend one of her classes. While walking to the class, she noticed the accused student staring at her from a nearby distance.
"I didn't want to turn around because I wanted to go to class," she said. "He just stared at me. He's not supposed to be around me; he's supposed to get up and walk away."
She made it to class, but lost her enrollment because she was not present the first week. She said she was still awaiting the college's decision during that week and hesitated to attend classes.
She said her hesitation was heightened by an e-mail she received that week from Ernest Smith, vice president of student services. The e-mail stated that the investigation was completed and it was "safe for [her] to return to the West Valley College campus and pursue [her] educational goal/s."
"That was ridiculous to say that it was safe; he wasn't kicked off the campus," she said. "It only made me feel more unsafe. I understand he didn't touch me, but that was what it was coming to. I hear so many cases about people not doing anything sooner. Well, I did something sooner, and it didn't do it justice."
West Valley president Phil Hartley said the college has a specific process in place for sexual harassment complaints, whether from students, faculty or staff. He added that Smith's assurances were to show the student that the college has taken the necessary measures.
"The college will fully enforce the restraining order so that the student who the restraining order is against is in full warning of the [potential] disciplinary action," he said.
In his four years at the college, Hartley said a student sexual harassment case has never been brought up. Furthermore, Hartley defended the decision to not expel the accused student.
"Expelling a student from college is a complete and final decision; the student may never return to that campus again," he said. "That issue was examined by the district, Dr. Smith and I, and the conclusion was that this incident did not warrant expulsion and the college would not be able to defend such an action."
Meanwhile, the student who filed the complaint said she has lost faith in West Valley College and is searching for other community colleges in the area.
"I've worked really hard the semesters I've been there, but I won't go back there ever," she said. "I feel like [the accused student] is controlling my educational track, and I don't like that."
The accused student could not be reached for comment.