SEX OFFENSE POLICY

Policy

John Carroll University seeks to provide a community for students that promotes personal growth and development. The University asserts that respect for the rights and dignity of all people must be protected. This goal is an integral part of all aspects of University life, rooted in our Catholic and Ignatian identity, and
is essential to our learning environment and academic community.

It is the policy of John Carroll University, consistent with aforementioned beliefs and values,that any sex offense is prohibited and will not be tolerated. Thus, the University reserves the right to pursue disciplinary action for sex offenses against students without regard to prosecution by criminal justice authorities. The Sex Offense Policy covers violations committed by students at John Carroll University.

All students should be aware of the consequences of sex offenses. The University urges a person who believes a sex offense has been perpetrated against him/her to seek assistance from any of the available on-campus or off-campus resources.

Definitions

Sexual Assault, Non-Consensual Sexual Contact, Sexual Exploitation, Sexual Harassment, and/or Stalking can be committed by a man, woman, or group against a person or persons of the same or opposite sex. 
These offenses can be committed by strangers, current or former partners, friends, and acquaintances.

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 University Consent Standard) of the other person. 

Non-Consensual Sexual Contact includes any 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 of another without consent.  
 
Sexual Exploitation occurs when one engages in activity of a sexual nature which involves another person, other than Sexual Assault and Non-Consensual Sexual Contact, without the other person’s consent.  Examples of sexual exploitation include (but are not limited to):  the non-consensual filming, photographing or otherwise recording and/or transmission of sexual activity or nudity; voyeurism or complicity in voyeurism; the knowing transmission of a sexually transmitted infection.

Sexual Harassment means any unwelcome sexual advances, requests for sexual favors, offensive references to gender or sexual orientation or other conduct of a sexual nature when:

• Toleration of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, professional or student status; or
• Toleration of or rejection of such conduct is used as the basis for employment or academic decisions; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or educational experience, or creates an intimidating, hostile, or offensive work or educational environment.
• Sexual harassment can be verbal, written, physical or pictorial in nature.

Stalking is a pattern of two or more incidents of unwanted attention, harassment, contact, or course of conduct directed at a specific person that would cause reasonable persons to fear harm to their physical health, mental or emotional health, safety, friends, family or property.  Stalking may include, but is not limited to telephone calls, text messaging, social networking, instant messaging, monitoring behavior, being in physical proximity to the person, or taking pictures.

Incapacitation is defined as being in a state in which a person sufficiently lacks the cognitive ability to realize that the situation is sexual, or cannot appreciate (rationally and reasonably) the nature and/or extent of that situation.

University Consent Standard

• Consent is the freely given and mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity.  Consent is mutually understandable when a reasonable person would consider the actions of the parties to have manifested an agreement to engage in the particular sexual activity.  In the absence of mutually understandable affirmative words or actions, it becomes the responsibility of the initiator (the person who wants to engage in a specific sexual activity) to obtain affirmative consent from the other partner.
• Consent once given, may be withdrawn.  If one partner initially offers words or actions that indicate consent, that partner may withdraw consent by indicating by word or action that consent has been discontinued.
• Consent for one sexual activity does not indicate consent for other forms of sexual activity.  Similarly, past sexual consent does not imply future consent.

Capacity for Consent

• Consent can only be given by those with capacity to consent.  Minors younger than 16 do not have the capacity to consent to sexual activity.  For adults, capacity to consent is on a case by case basis.  Mentally disabled persons and physically incapacitated persons may not have the capacity to give consent.  One may be incapacitated temporarily as a result of mental illness, unconsciousness, or as a result of alcohol or drug consumption.
• One may not engage in sexual activity with another person when one knows or has reasonable cause to believe that person to be incapacitated due to alcohol or drug consumption or other incapacitation. 

Coercion

• Consent which is obtained through the use of fraud or force, whether by physical force, threats, intimidation or coercion is invalid.

Applicability

This policy applies to all John Carroll University students.  All students are encouraged to report alleged sex offenses as soon as possible. Sex offenses may be reported whether they occurred on-campus, at a University sponsored event, or off-campus.

Confidentiality and Reporting

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

Consequences
                            
Any student found responsible for a violation of the Sex Offense Policy will be subject to disciplinary action up to, and including, expulsion. Specific conduct procedures may be found in the Community Standards Manual.  Even if John Carroll University members are not criminally prosecuted, the University can pursue disciplinary action.

In accordance with the Student Code of Conduct, the University reserves the right to impose an interim suspension on any student accused of a sex offense pending the outcome of an investigation and/or conduct hearing. The University reserves the right to issue a no-contact directive to the students involved pending the outcome of a conduct hearing.

Any student found to be harassing or intimidating another who has filed a sex offense complaint, faces serious disciplinary consequences as outlined in the Community Standards Manual.  

Revised:  August 2009