JCU Campus Life -- Dean of Students: Community Standards

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OTHER POLICIES

Policy and Procedures on Sex Offenses (Revised August, 2006)

SEX OFFENSES GENERAL STATEMENTS

Policy

John Carroll University seeks to provide the kind of community for students, faculty and staff that promotes personal growth and development. The university asserts that respect for the rights and dignity of all people must be protected to achieve such goals. These goals are an integral part of all aspects of university life, rooted in its Catholic and Ignatian identity, and they are part of the essence of a learning environment and academic community with a distinctive educational mission.

It is the policy of John Carroll University, consistent with the aforementioned beliefs and values, that the sexual assault of another person is illegal, unacceptable, and will not be tolerated. The Sex Offense Policy covers violations committed by members of the John Carroll University community. It also addresses procedures for the safety and support of victims of a sex offense.

All members of the university community should be aware of both the consequences of sex offenses and the options available to victims. The university urges victims to seek assistance from any of the available on-campus or off-campus resources.

The university reserves the right to pursue disciplinary action for sex offenses against members without regard to prosecution by criminal justice authorities.

Sex Offenses Defined

The John Carroll University Sex Offense Policy includes Sexual Assault, Non-Consensual Sexual Contact, and Sexual Exploitation.

Sexual Assault is engaging in, or attempting to engage in oral, vaginal, or anal penetration through any means (i.e., penis, tongue, finger, foreign object, etc.) without the consent (see below) of the other person.

Non-Consensual Sexual Contact includes any sexual touching of any sexual body parts (i.e., breasts, buttocks, groin, genitals, mouth, etc.) or the touching of another with these body parts without consent. It also includes disrobing or exposure without consent.

Sexual Exploitation involves a person who, for purposes of sexual gratification, engages      in activity involving another person who has not consented to such activity. Examples of sexual exploitation include (but are not limited to): the recording of sexual activity, complicity in voyeurism, the knowing transmission of HIV or a STI, and inducing incapacitation with the intent to take sexual advantage of another (whether or not sexual activity actually takes place).

Sexual Assault and Non-Consensual Contact can be committed by a man, woman, or group against a person or persons with the same or opposite sex. It can also be committed by current or former lovers, friends and acquaintances.

Whether or not a person consents to a sexual activity will be judged based on all of the facts and circumstances. If a person has any doubt as to whether another person consents to the activity, it is important to take appropriate steps to resolve that doubt. The potential personal and/or legal consequences to either party resulting from an ambiguous encounter are too great to allow for the possibility of a misunderstanding. You should also be particularly mindful of the following:

· Consent is not necessarily inferred from a person’s silence or lack of resistance.

· Consent can not be present if the sexual activity results from any threat of force, harm, intimidation, or coercion.

· Under Ohio law, a person’s age might determine whether or not the activity is lawful, regardless of whether the person actually consents to it.

· Past consent to sexual activity does not imply future ongoing consent, and the fact that two persons are in an ongoing relationship shall not preclude the possibility that a sexual assault might occur within that relationship.

· A violation of the law can be found if a person is aware or should be aware that the other person is unable to consent or resist because the other person is substantially impaired due to a physical or mental condition, whether temporary or permanent, which could include the other person’s intoxication and/or incapacity caused by the use of drugs or alcohol.

·  A person violated the law when purposely giving another person a drug or intoxicant in order to impair the other person’s ability to resist or give consent.

Please note: The State of Ohio has clearly defined criminal sex offense statutes in Chapter 2907 of the Ohio Revised Code. Under federal law, the university must maintain and report campus crime statistics using the FBI’s Uniform Crime Reporting (UCR) Program. UCR categorizes sex offenses as forcible or nonforcible. Regardless of their categorization under criminal law, sex offenses are serious crimes. John Carroll University community members may face criminal prosecution in addition to university disciplinary proceedings.

Applicability

This policy applies to all John Carroll University students, faculty, administrators, and staff. All members of the university community are encouraged to report alleged sex offenses as soon as possible. Campus visitors or guests who allege a sex offense has occurred on campus or at a university-sponsored event are also encouraged to report such incidents.

Confidentiality and Reporting

To the extent possible, the university will maintain the confidentiality of all parties involved in an alleged sex offense. Confidentiality, however, cannot be guaranteed. Under Ohio law, persons who know that a felony has been committed must report that information to law enforcement. For this reason, all university employees (excluding licensed professionals from University Counseling and pastoral counselors) must contact John Carroll’s Campus Safety Services (216-397-4600) or the University Heights Police Department (216-932-1800) when an allegation of a sexual assault has been made. All university employees (excluding licensed professionals from University Counseling Center and pastoral counselors [i.e. priests acting as pastoral counselors]) must comply with this policy.

Consequences

Any member of the university community found responsible for a violation of the Sex Offense Policy will be subject to disciplinary action, up to and including termination of employment and/or expulsion. Specific disciplinary procedures may be found in the applicable handbook. Even if John Carroll University members are not prosecuted by criminal justice authorities, the university can pursue disciplinary action.

The university reserves the right to suspend any member of the university community accused   of a sex offense pending the outcome of an investigation and/or university disciplinary proceedings. The university may also, at its discretion, suspend or remove from campus housing students accused of a sex offense, pending the outcome of an investigation or disciplinary hearing.
Any member of the university community found to be harassing or intimidating another, who has filed a sex offense complaint, faces additional, serious disciplinary consequences as outlined in applicable student code or university handbooks.

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PROCEDURES FOR DEALING WITH SEX OFFENSES

Suggested Procedures for Those Who Have Experienced a Sexual Assault

John Carroll University encourages those who have been sexually assaulted to report the assault promptly, to seek all available assistance, and to pursue university discipline proceedings and criminal prosecution of the offender. Those who have experienced a sex offense should know that all university employees (Resident Assistants, Campus Safety Services, staff members, etc.) excluding licensed professionals from the University Counseling Center and pastoral counselors (i.e. priests acting as pastoral counselors), must report known felonies to law enforcement authorities, which can include our campus police (Campus Safety Services) and/or the University Heights Police. Where appropriate, it is the practice of Campus Safety Services to report such offenses to the University Heights Police Department.

Because licensed professionals from University Counseling Center and pastoral counselors are not required to disclose knowledge of felonies reported to them except when necessary to prevent harm, those who wish to discuss a situation in complete confidence should notify only the Counseling Center or a pastoral counselor. Counseling services and pastoral care are available at any time for any persons affected by a sex offense.

1.       Immediate Action

a.  Tell a trusted person about the sex offense.

b. Contact the John Carroll University Campus Safety Services at 216-397-4600 and/or the University Heights Police Department at 216-932-1800 and/or the Cleveland Rape Crisis Center 24-hour hotline (216-619-6192). Campus Safety Services can provide immediate referral information, access to the university counselor on-call, and/or investigative assistance.

c. Do everything possible to preserve evidence by making certain that the crime scene is not disturbed. (The decision to press charges does not have to be made at this time. However, following these procedures will help preserve this option for the future.) Victims should not bathe, urinate, douche, brush teeth, or drink liquids. Clothes should not be changed but if they are, bring all the original clothing to the hospital in a paper bag. (Plastic bags damage evidence.)

d.       Seek immediate medical attention at an area hospital and take a full change of clothing, including shoes, for use after a medical examination. A Cleveland Rape Crisis Center advocate can offer support at the hospital but victims must ask for an advocate at the hospital. (People under the age of eighteen should be aware that, as minors, their parents may have the right to obtain information from their medical records.) Victims may choose whether or not to speak to the police at the hospital. In any event, the option to choose whether or not to file charges against the accused still exists.

e.       Private physicians are not required to notify the police. If a victim desires police involvement, they must initiate this contact. Also, with a private physician, victims may have to ask for a rape kit. Please keep in mind: having a rape exam does not mean that victims are mandated to press charges. This action only keeps the victims’ options open.

      2.   Support Services

There are various supportive measures available for those who are victims of a sex offense.

a.       Counseling: Students who have experienced a sex offense may receive free and confidential counseling at the University Counseling Center (216-397-4283) and/or the Cleveland Rape Crisis Center (216-619-6192). Other John Carroll University members may receive free and confidential referrals at the Counseling Center and confidential counseling at the Rape Crisis Center.
Reassignments: When victims and the accused participate in the same class(es) and/or reside in the same university residence or in close proximity to one another, victims may request that a fair and immediate way to reassign and/or move one of the persons be decided upon by the Dean of Students or a designee. The Dean of Students will consult with the appropriate academic dean in making a determination regarding an alternative classroom assignment(s) for the accused and/or the student who is a victim of a sex offense and with the Director of Residence Life in making a determination regarding an alternative university housing assignment. When reporting employee victims and the accused work in the same department or area, alternative work assignments may be made by the appropriate administrator upon request by the employee bringing the charges.

Reporting Options and Filing a Sex Offense Charge:

The university encourages those who have experienced a sex offense to report these offenses to both the police and to Campus Safety Services; victims have the right, however, not to provide a statement to either the University Heights Police Department or Campus Safety Services.

1.   Filing a report with the University Heights Police Department (216-932-1800):

Campus Safety Services and/or the Cleveland Rape Crisis Center can assist with this procedure. Criminal charges or a civil action may be pursued in conjunction with filing such a report. Victims filing such a report will be referred to the John Carroll University Counseling Center (216-397-4283) and/or the Cleveland Rape Crisis Center (216-619-6192).

            2.   Filing a report with Campus Safety Services (216-397-4600):

Victims are strongly encouraged to file a report with Campus Safety Services, who will conduct an investigation and also provide victims with information about on campus and off campus support services. The University expects its officers to be sensitive to the issues regarding sexual assaults. It is the general practice of Campus Safety Services to report credible allegations of sex offense to the University Heights Police Department. Victims are welcome to have a friend or support person with them when meeting with an officer to file a report. Filing a report does not necessarily obligate a victim to pursue disciplinary or criminal charges. Although the local police and university officials (including Campus Safety Services) have an obligation to protect the community from those who have engaged in crimes of violence, including sex offenses, they are also mindful of, and sensitive to, the needs and desires of victims when addressing any alleged offenses.

           3.   Filing a Report with the University Discipline System:

The Dean of Students Office staff can assist with this procedure. Students planning to initiate charges should either call 216-397-3010 and ask for the Dean of Students or make an appointment with the Dean. Other members of the university community who wish to bring internal charges should contact the Human Resources Department at 216-397-4976 or the Associate Academic Vice President at 216-397-4762.

The University will investigate all reports of sex offenses. Due to the unusually private nature of these actions, the University may not be able to pursue charges of a sex offense unless the complainant acts as the accuser and primary witness. However, in cases where there may be a witness to the alleged violation, or in cases where the complainant requests that the University pursue the case even though s/he is unwilling to act as the accuser, or in cases in which pursuing the case is in the best interest of the University, the University reserves the right to pursue a case to its conclusion.

Disciplinary Procedures

In general, sex offense allegations will be handled through the appropriate disciplinary system for those accused.

Standards for Determining Responsibility

The standard used to determine accountability will be whether it is more likely than not that the accused has violated the Sex Offense Policy.   All members of the university community found to have violated the Sex Offense Policy will be disciplined, up to and including termination of employment or expulsion from the university. Sanctions will not be lessened because the offense was committed with an acquaintance or while on a date.

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THE RIGHTS OF COMPLAINANTS[1] AND THE ACCUSED

The Complainant’s Rights

The university will treat a complainant with fairness throughout disciplinary proceedings. Specifically, complainants are entitled to:

an explanation of available options for redress.

freedom from harassment by the accused (or their supporters).

use of all available internal and external support services in dealing with the aftermath of the sexual misconduct.

speak on their own behalf during the disciplinary proceedings, including making a “victim impact” statement to a hearing board or university disciplinary panel.

the presence of an advisor from the university community and/or a support person (excluding legal counsel and parents) during the disciplinary hearing.

present witnesses who can speak about the charges, character witnesses excluded.

propose questions to be asked of witnesses

attend the entire disciplinary hearing except for the deliberation phase.

freedom from having irrelevant sexual history discussed during the disciplinary hearing.

information about the outcome of the disciplinary hearing.

appeal the outcome of the hearing.

The Rights of an Accused

The university will treat an accused person with fairness throughout the disciplinary proceedings. Specifically, accused persons are entitled to:

be presumed innocent.

an explanation of the charge(s).

freedom from harassment by the complainant (or supporters).

an explanation of the university discipline system.

the presence of an advisor from the university community.

testify on her/his own behalf.

present witnesses who can speak about the charges, character witnesses excluded.

propose questions to be asked of witnesses.

information about the outcome of the disciplinary hearing.

appeal the outcome of the hearing

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SEX OFFENSE EDUCATIONAL PROGRAMMING

Because John Carroll University recognizes the potential for sex offenses as an important issue, the university offers sex offense educational and compliance programming to a variety of groups such as: campus personnel (e.g., Campus Safety Services, Residence Life, faculty, staff); prospective students participating in summer orientation; resident and off-campus students; and, members of student organizations.

Sex offense educational and compliance programming may address matters such as: a definition of what constitutes a sex offense, what circumstances could lead to a sex offense charge, myths involved with sex offenses, the relationship between sex offenses and alcohol use, what to do in the event of an offense, the nature of a rape examination, an explanation of the university Sex Offense Policy, how to file charges within the university discipline system and/or with the local police department, men’s issues and sex offenses, and campus and community resources to assist both the victim and the accused.

[1] Once charges have been filed within the university discipline system the term complainant will be used in lieu of victim or survivor.

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John Carroll University, University Heights, OH 44118 | (216) 397-1886