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Policy and Procedures

Policy 

Definition of Sexual Assault

  Sexual assault refers to any sexual act without the explicit consent of the recipient of the behavior. In some cases, this may involve force. Force may include, but is not limited to, the use of or display of a weapon, physical battering or immobilization of the other person. Consent shall be defined as the act of willingly and verbally agreeing to engage in specific sexual contact or conduct when both parties are of sound mind. Psychologically pressuring or coercing an individual or any attempt to take advantage of an individual under force or when incapable of making a decision on his or her own is a direct violation of the policy. This includes situations in which an individual is under the influence of alcohol, drugs and/or prescribed medications.

Student Code – SEXUAL CONDUCT

  a. Sexual assault: Any sexual act or attempt to engage in any sexual act with another person without the consent of the other person or in circumstances in which the person is unable, due to age, disability, or alcohol/chemical or other impairment, to give consent.  b. Sexual misconduct: Any intentional intimate touching of another without the consent of the other person or in circumstances in which the person is unable, due to age, disability, or alcohol/chemical or other impairment, to give consent. c. It is the responsibility of the person initiating sexual activity to make sure the other person is capable of consenting to that activity. Consent is given by an affirmative verbal response or acts that are unmistakable in their meaning. Consent to one form of sexual activity does not mean consent is given to another type of activity or any subsequent sexual activity.

Procedure

Confidentiality

Davenport University will make every reasonable effort to preserve an individual's privacy and protect the confidentiality of information related to sexual assault within the parameters imposed by law. The University may issue a safety awareness alert, a brief description including time and location, to notify the community about the occurrence of a serious crime or pattern of crimes that might put the public at risk. The University is also required by law to tabulate and annually report sexual assault and other campus crime statistics to the public. These statistics and the list of people to whom a crime may be reported for it to be included in the statistics appear in this publication and at. Neither safety awareness alerts nor campus crime statistics contain specific victim-identifying information.

Institutional Obligation

  Because sexual assault is a serious crime that may threaten the community as a whole, in some instances the University may be obliged to pursue an alleged sexual assault through internal disciplinary procedures without the cooperation of the survivor. Always in such instances, the University will inform the survivor of its obligation to address a community safety issue. 

Responsibility regarding Confidentiality

When a report of sexual assault is made, both the accused and the accuser, and all identified witnesses who are named in the investigation, will be notified of the university's expectation of confidentiality. Breaches of confidentiality or retaliation against: the person bringing the complaint; any person assisting with the investigation; or the person or individuals being charged with the complaint; will result in disciplinary review. The University will make all reasonable efforts to maintain the confidentiality of parties involved in sexual assault investigations.

Investigative Responsibilities

 University's Responsibility

  Once a report of sexual assault is made to a limited confidential source, the university is obligated to investigate and to initiate appropriate judicial process (see Reporting Section in this policy to distinguish between privileged reporting and anonymous reports). This includes the university's obligation to consider utilizing all relevant internal disciplinary, as well as external criminal, civil, and administrative processes, regardless of whether the person assaulted wants to prosecute and/or participate. If a person discloses an incident that meets the definition of sexual assault, but does not personally define the incident as that, the limited confidential source still has an obligation to report the incident to the appropriate judicial authority (i.e. Student Affairs for student reports and the Office of Equal Opportunity and Diversity for faculty and staff reports). During the investigation of any reported sexual assault, the university may have an obligation to take appropriate interim steps to ensure the safety and welfare of the university community, including but not limited to, suspending or limiting the right of the accused to be on campus.

Police Responsibility

  The police have a responsibility to uphold and enforce the law even if the person assaulted does not want to participate in the process and/or make a complaint. As a result, once a report is made to a police officer and/or once the officer learns of possible criminal activity, the officer has a duty to investigate and a duty to forward any information to the appropriate prosecutor's office for possible criminal prosecution. In addition, the Case Police will also notify Student Affairs or the Office of Equal Opportunity and Diversity as appropriate.

Campus Notification

  Once a report of sexual assault is made, the university is obligated by law to take all necessary steps to protect the campus and the person who has been assaulted. This may include alerting the campus of crimes that it determines pose a threat to members of the campus community. In making such determinations, the university will consider the safety of students, faculty, and staff as well as the privacy interests of all persons involved in such incidents. Regardless of the action taken by the university, the name of any person involved will not appear on security alerts. To respect the privacy rights and choices of the person reporting a sexual assault, as well as the rights of a person being accused, the university will consider the wishes of all individuals involved in the incident to determine the level of specific information to include in the campus crime report.

Campus Crime Reporting

  In compliance with the Clery Act (Campus Crime Statistics Act), all members of the university excluding privileged sources, notified of a sexual assault are required to inform the Case Police and the incident will be included in campus crime statistics. Typically, the following information is included: crime, date, location, and status (i.e. student, faculty, staff, stranger, etc.) of the individuals involved in the crime. The university never includes the names of the accuser or the accused in crime statistics.

Survivor’s Rights

  Davenport University has policies set up to preserve the rights of victims of sexual assaults and other crimes involved in the conduct process. The University has established the following survivor’s rights:

  • The right of the victim to have a support person accompany him/her throughout disciplinary proceedings. A support person will not represent the victim nor will he/she speak during a hearing. A support person may not act as legal counsel.
  • The right of the victim to choose to be visually screened from the accused during the hearing process.
  • The right of the victim to determine his/her level of involvement in the hearing process.
  • The victim may be present during the hearing process.
  • The victim may choose to be only involved as any other witness; in which case the victim may submit a list of questions prior to the hearing. If they are deemed relevant by the hearing officer or committee chair, the questions will be asked during the hearing.
  • The right not to have irrelevant past conduct, including sexual history, discussed during the hearing.
  • The right to make a “victim impact statement” to be submitted in writing at the time of the hearing. The impact statement will be considered by the hearing body only if the student is determined to be “in violation” of University policy.
  • The right to be informed of the ultimate outcome of the hearing within constraints established under applicable confidentiality statutes. The accused student and the victim will be notified in writing concurrently.
  • The victim will also be apprised that the accused may appeal the initial decision, and if applicable, the appeal decision.
  • The right to review all case evidence that is to be admitted during the hearing process. Evidence will be available consistently to both the victim and the accused.
  • The right not to be discouraged from proceeding with appropriate adjudication channels including a criminal complaint.
  • The right to be treated with dignity.
  • The right to present relevant witnesses and other evidence.
  • The right to have the case adjudicated promptly and equitably.
  • The right to appeal the outcome of the original hearing. The appeal process is available consistently to the victim and the accused student.