By Victoria Franco
Staff Writer
Runner-up for Miss USA 2018 and now a candidate on ABC’s television series “The Bachelor,” Caelynn Miller-Keyes shared her story with Colton Underwood on “The Bachelor” about her experience with sexual assault in college during their one-on-one date.
When Miller-Keyes was a sophomore in college, she was wine drugged and raped at a college party. When she was still unconscious, her rapist lifted up her dress in front of his fraternity brothers and everyone took videos of her.
Miller-Keyes’ experience with sexual assault is a reality many college students face. According to the United States Department of Justice, one out of every four female university students will be a victim of sexual assault before graduation.
Steps to consider after being sexually assaulted
In order to help sexual assault victims seek justice, San Jose State has made sexual assault cases on campus a priority. When a student reports an incident to the Title IX office or a confidential advocate, the university ensures that appropriate accommodations, safety measures and other interim support measures are put into place.
Students who faced sexual assault on or off campus have various options they can pursue from after an incident has occurred. Students may:
1. report to the Title IX office
2. pursue a case with the University Police Department
3. seek counseling with the Counseling and Psychological Services center
4. decide not to pursue any of the options above
Before filing a report and seeking confidential mental health assistance, victims may first need medical attention. A confidential advocate can assist a student in seeking medical attention.
According to the SJSU website, Santa Clara Valley Medical Center conducts Sexual Assault Response Team exams, which are also known as rape kits.
Rape kits examine pregnancy and sexually transmitted diseases. The medical report can also be used as evidence if victims decide to pursue a police investigation later.
Law protects students from sexual discrimination
Title IX is a federal civil rights law in the United States that prohibited discrimination on the basis of sex or gender in educational institutions that receive federal assistance. California law and CSU policies provided additional protections based on sexual orientation, gender identity and gender expression.
Students can tell someone from SJSU’s Title IX office about their sexual assault incident. From there, Title IX staff can work with students to find a resolution that best fits their needs.
After going to the office, victims can file a complaint and request a formal investigation. The Title IX office will then follow investigation procedures listed in the CSU Executive Orders.
Tracey Tsugawa, Title IX officer, explained the process after a victim who has reported a sexual assault decides to pursue a formal investigation.
“The Title IX office will explain the investigation process to the student and all the rights available to the student during that process, including the right to have an adviser, such as a confidential advocate, present during interviews and meetings with Title IX office,” Tsugawa said.
Tsugawa further explained that while a student can also report to a trusted adult on campus, such as faculty and staff, victims must understand these individuals are mandatory reporters, meaning they must report to the Title IX office if a student tells them of an incident such as sexual assault.
Even if a student chooses not to request a formal investigation, the Title IX office can still assist the student with interim measures such as academic accommodations, on-campus housing changes and issuing no-contact orders.
The Title IX office does not have a statue of limitation for reporting. Any student who has suffered from sexual assault has the right to take as much time as needed before seeking help from the Title IX office.
“Sometimes students wait weeks or months, or in some cases, years before feeling ready to report to Title IX,” Tsugawa said. “When a student is ready to report, the Title IX office will provide information about all rights and options available to the student and work with the student to figure out next steps.”
Police department investigates the case
Interim Chief of Police Alan Cavallo broke down the process for victims who wish to report their sexual assault to the University Police Department.
Students can immediately contact UPD once an assault has occurred, and even if the case is not in their jurisdiction, they will begin to conduct an investigation.
From there, many processes such as possible arrest, evidence collection, interviews and support networking begin.
“If there is evidence to support a charge we would present the case to the Santa Clara County District Attorney’s Office,” said Cavallo.
From there, the San Jose Police Department would take over.
CAPS provides free confidential counseling
If victims do not wish to talk to Title IX or UPD about the incident that occurred, they are still entitled to seek free counseling from the Counseling and Psychological Services center, located in the Student Wellness Center in room 300B.
Ellen J. Lin and Celinda Miranda, counselors from the Counseling and Psychological Services center, said that whether or not rape victims pursue a case after the assault, they can still come to the center to obtain counseling.
“They can see us whether they want to report it or not. Counseling is already free since you paid for it in your fees,” said Lin.
Lin and Miranda also stated that all sessions are kept confidential to a certain extent. They said their goal is not to force people to seek counseling, but rather to provide a safe space for victims to talk about their experience.
“Everything [comes] with a few limited exceptions . . . The exceptions [for sexual assault] are if we suspect [the victims] are in imminent danger of killing themselves or another person [and] if they get so gravely disabled that they can’t even take care of daily functioning,” Lin said.
Miranda explained it is not part of the counselor’s job to mandate any student to report. Instead, the goal is to provide a safe and confidential space for victims to address their trauma and find a way to heal and thrive.
As a precaution, Lin advises students to never leave drinks unattended and to always tell their friends where they are going, so everyone can keep track of each other.
