The College acknowledges sexual offenses as a serious campus concern and a violation of the human rights and dignity of individuals. Sexual offenses will not be tolerated on College property or at College sponsored events. The following policies have been established to help prevent sexual offenses.
Educational Awareness Programs on Sexual Offenses:
- All incoming freshman receive written notification concerning campus crime statistics.
- Crime prevention including specific prevention of sexual offenses is discussed at student orientation.
- Sexual offense awareness is a formal part of not less than two Departmental Chair meetings per year.
- Not less than one campus wide seminar is held for students and employees.
- The Residential Government Association sponsors a seminar each semester for residents
Reporting Sexual Offenses. All sexual offenses should be reported to the Associate Dean of Student Affairs, no matter which campus site, off-campus location, or campus activity was involved. Any student or employee of the College who observes, or is a victim of, a sexual offense must report the offense at the earliest possible opportunity (never to exceed 24 hours) to the contacts noted above. In addition, persons who are aware of any sexual offense, or are a victim of a sexual offense on campus must report that activity to the appropriate law enforcement agency. This policy extends to alleged sexual offenses and information concerning sexual offenses. The College’s definition of sexual offense is consistent with local, state, and federal law.
To preserve evidence, do not bathe or change clothes or do any cleaning up in any manner prior to receiving medical assistance.
Sexual Assault Victims Bill of Rights. The following rights shall be accorded by all campus officers, administrators, and employees of the College to victims of campus-related sexual assaults:
A. The right to have sexual assaults committed against them fully investigated without undue delay and adjudicated by the duly constituted criminal and civil authorities of the government entity in which the crime occurred and the right to the full and prompt cooperation and assistance of campus personnel in notifying the appropriate authorities. The foregoing shall be in addition to any campus disciplinary proceedings.
B. The right to be free from any kind of pressure from campus personnel that victims not report any crimes committed against them to civil and criminal authorities or to campus law enforcement and disciplinary officials, or report crimes as lesser offenses than the victims perceive them to be.
C. The right to be free from any kind of suggestion that campus sexual assault victims not report, or under-report crimes because:
- a. Victims are somehow “responsible” for the commission of the crime against them
- b. Victims were contributively negligent or assumed the risk of being assaulted.
- c. By reporting crimes they would incur unwanted personal publicity.
D. The same right to legal assistance, or ability to have others present, in any campus disciplinary proceeding that the College permits to the accused, and the right to be notified of the outcome of such proceedings.
E. The right to full and prompt cooperation from campus personnel in obtaining, securing and maintaining evidence (including a medical examination or medico-legal examination) as may be necessary for proof of criminal sexual assault in subsequent legal proceedings.
F. The right to be made aware of, and assisted in exercising any options, as provided by state and federal laws or regulations with regard to mandatory testing of sexual assault suspects for communicable diseases and with regard to notification to victims of the results of such testing.
G. The right to counseling from any mental health services previously established by the College, or by other victim-service entities or by victims themselves.
H. After campus sexual assaults have been reported, the victims of such crimes shall have the right to require that campus personnel take the necessary steps or actions reasonably feasible to prevent any unnecessary or unwanted contact or proximity with alleged assailants, including immediate relocation of the victim to safe and secure alternative housing, and transfer of classes (if possible) if requested by the victim.
I. In addition to the above rights, students, whether sexual assault victims or not, have a right to habitability in campus housing and in campus accommodations for which the College receives any compensation, direct or indirect.
- a. Definition. For purposes of this subparagraph, “habitability” shall mean an environment free from sexual or physical intimidation, or any other continuing disruptive behaviors by persons sharing rooms or their guests, that is of such a serious nature as would prevent a reasonable person from attaining educational goals. Substantiated violations of the above-listed habitability provisions shall be corrected by campus personnel by relocation of the complainant to acceptable, safe and secure alternative housing as soon as practicable unless the conditions of non-habitability demonstrate the of immediate action by campus personnel.
Campus Counseling and Support Services
A. Counseling is available to any student or employee who is a victim of a sexual offense on campus.
B. If one of the Counselors determines that a licensed professional counselor is necessary, a list of referrals will be given to the individual.
C. A list of additional support services can be obtained by contacting the Associate Dean of Student Affairs or directly from the Clinical Counselor/VRE or College Counselor.
Campus Disciplinary Procedures for Sexual Offenses
A. Sexual offense violators will be subject to appropriate disciplinary action and/or legal prosecution. Permanent suspension (expulsion) from the College, termination of employment, and/or referral for prosecution may be the consequence of infractions of this policy. Loss of eligibility for financial aid may also result. In cases of an alleged sexual offense, a disciplinary proceeding will be conducted as soon as possible, usually within five (5) working days, to make a final institutional determination of whether the alleged sexual offense actually occurred and if any College sanction should be imposed against the accused. In every case the following rules shall apply:
- 1. The accuser and the accused are entitled to the same opportunities to have others present during a College disciplinary proceeding; and
- 2. Both the accuser and the accused shall be informed of the outcome of any institutional disciplinary proceeding brought about alleging a sexual offense. Compliance with this subsection does not constitute a violation of the Family Educational Rights and Privacy Act (20 U.S.C. 1232g). For the purpose of this paragraph, the outcome of a disciplinary proceeding means only the institution’s final determination with respect to the alleged sexual offense and any sanction that is imposed against the accused.
- 3. Criminal charges are a separate matter from College sanctions.
B. Criminal action for sexual offenses remains the right of the victim, regardless of campus disciplinary action against the accused.