University Policy on Sexual Offense
Unwanted sexual conduct including but not limited to a sexual offense and/or rape. A sexual offense may include, but is not limited to, any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent. However, given the seriousness of sexual offense complaints and the legal obligations of the University concerning such complaints, the following additional points concerning allegations of sexual offense need to be made:
1. Any student who believes he/she is the victim of a sexual offense, or any member of the University community who believes he/she is the victim of a sexual offense on campus, should report the offense as soon as possible to the Department of Public Safety. The Department of Public Safety provides specialized training to a number of officers, enabling them to deal in a sensitive and effective way with victims of sexual assault. The Department will assist a student who believes he/she is the victim of a sexual offense in notifying the appropriate law enforcement agencies if the student requests the assistance of such agencies. By law, the identity of sexual offense victims is kept confidential.
The Department’s primary concern in assisting victims of sexual offenses is to insure that they receive prompt medical and emotional treatment and support.
Additionally, the Department makes available written information, speakers, and programs dealing with both the prevention and the aftermath of a sexual offense. Contact Student Affairs or the Department of Public Safety for further information.
2. In addition to, or in lieu of taking action through the criminal justice system, victims may also pursue a complaint of sexual offense under the Code of Student Conduct. To pursue a complaint of sexual offense through the Code of Student Conduct, the complaint should be filed with the Student Affairs designee, as are all other complaints concerning violations of the Code of Conduct.
3. When a sexual offense complaint is filed with the Student Affairs designee, he/she shall follow the procedures outlined in the Code of Student Conduct with the following additions:
a. The Student Affairs Designee will ensure that both the accused and victim of an alleged sexual offense have the right to advocates at each step of the process. As specified in the procedures on handling student misconduct, the student ...shall have the right to be accompanied... by a member of the University community of his/her choice (except legal counsel) to act as an advocate on the student’s behalf. (However, a student charged with conduct that is also the subject of pending criminal proceedings shall have the right to the presence of legal counsel for advice. This right shall NOT include the participation of counsel. This right to have an attorney present will also apply when, in the judgement of the Student Affairs designee, it appears likely that such charges will be filed. In either case, a student who elects to be accompanied by an attorney shall be required to give advance notice to the Discipline and Grievance Committee).
b. The Student Affairs designee may, if it is considered necessary, provide a change of the victim’s academic situation after receiving a complaint about an alleged sexual offense.
c. Both the accused and the accuser shall be advised of the findings at each step of the process involving the adjudication of a misconduct complaint.
4. Sanctions for students found to have committed a sexual offense are those outlined for other types of misconduct up to and including expulsion from the University.