SEXUAL ASSAULT POLICY

Philosophy Statement

Sexual assault is a crime punishable by both civil and criminal legal action and is a serious violation of College policy.  Sexual assault is any type of sexual contact without consent or permission by you.  It can include touching of private body parts over or under the clothing or any form of penetration.  Such behaviors have no place at the College where people are expected to learn and develop to their full potential.  Through the sexual assault protocol, the College of St. Scholastica seeks to provide a consistent, caring and timely response when sexual assault occurs within the College community. Support and information will be available to assist students in making reporting decisions.  Programming addressing rape and sexual assault takes place throughout the year.

If You Have Been Raped

• If you are raped or assaulted YOU ARE NOT TO BLAME!  All people when confronted with sexual assault or rape do the best they can, given the situation.  Nothing that you did can cause a sexual assault, including having a prior relationship with the person or using alcohol/drugs.  It is never the victim’s fault.
• Call 911 to report to police if you are in danger or need immediate medical attention.
• Get to a safe place as soon as you can and contact a close friend who can be with you as long as you need her/him.  Your friend can assist you in finding an advocate from Program for Aid to Victims of Sexual Assault (PAVSA) and can accompany you to the medical exam, the police department, or counseling services.
• Try to preserve all physical evidence:  Do not bathe, douche, use the toilet (you can save a urine sample in a jar with a lid on it), brush your teeth, drink (especially soda pop or alcohol), wash your sheets or couch cushions, or change clothing (you can put your clothing in separate paper bags).
• Get medical attention as soon as possible.  Go to a local emergency room.  A full physical exam will help assure that any injuries will be identified and treated, and concerns about possible pregnancy and sexually transmitted infections will be addressed. Forensic evidence can also be collected for potential use in criminal cases. This full medical exam, including evidence collection,  will be provided free of charge at either of the Duluth hospitals.  Evidence can be collected and stored if you need time to decide whether or not you want to report the crime.  If you need additional assistance to obtain medical attention, Duluth Police (911), Campus Security (723-4000), a PAVSA advocate (726-1931), and/or Student Health Services in Somers (723-6282) will help you get medical assistance. 
• Make an initial report as soon as possible.  Be AWARE:  you are NOT pressing charges and no legal action will be taken without your permission, but it is important to make the initial report as soon as possible. You can make a confidential report by contacting the Campus Sexual Assault Support Staff (Teresa Aldach 723-6085, Tad Sears 723-6017, or Mary Beth Waage 723-6282), or by contacting PAVSA at 726-1931.  You can make an official report by contacting The Duluth Police (911) or the CSS Campus Security Office (723-4000).   For specific information about reporting, refer to the “Options for Reporting” section that follows.
• Seek counseling for assistance in dealing with this kind of experience.  All assaults are traumatic events.  You are not alone.

RESOURCES

Campus:

Student Health Services……………………………………………… 723-6282/Somers 58

Student Center for Health and Well-Being ………………...……………...723-6085/T2150

Student Support Services.……………………………………….…………723-6594/T2150

Campus Security ………………………………....……………………………723-4000/T19

Campus Ministry…………………………………......……………………. …..723-6010/T20

Campus Sexual Assault Support Staff

            Teresa Aldach,…………..…………………………………………..723-6085/T2150

            Tad Sears,.….............……………………………………………….723-6017/T2150

            Mary Beth Waage,…………………………………….....………….723-6282/T2150

Campus Sexual Assault Investigation Team

           Steve Lyons,..…………………………………………………….......723-6167/T2145

           Sue Kurth,....…….......……………………………………………….723-5955/TG101

Duluth:

Program for Aid to Victims of Sexual Assault (PAVSA)  24-hour crisis line …...726-1931

32 E. 1 St., Suite 200, Duluth

Police………….................................................................................................. 911

St. Mary’s Hospital Emergency  407 East Third St.…..…………………………. 786-4357

St. Luke’s Hospital Emergency  915 East First St.......…………………………...249-5616

TO SPEAK TO SOMEONE CONFIDENTIALLY:

Any other person who is employed by The College of St. Scholastica, including resident advisors, who receives information regarding a rape or sexual assault is a mandated reporter and must report this information to either: 1)The Dean of Students (Steve Lyons) or the Sexual Assault Support Team (Teresa Aldach, Tad Sears, or Mary Beth Waage).  All faculty and staff are required to report knowledge of a sexual assault with the exception of designated confidential responders.  If a student wishes to speak to someone confidentially about a rape or sexual assault without further dissemination of your report, you can choose to speak to one of the following:

Sexual Assault Support Staff:

Teresa Aldach, Tower 2150, x7020

Tad Sears, Tower 2150, x6017

Mary Beth Waage, Somers 58, x6282

Student Center for Health and Well-Being Counselors:

Tower 2150, 723-6085

Tad Sears, 723-6017

Teresa Aldach, 723-7020

Gina Perfetti-Seppo, 723-6088

Randy Barker, 723-6088

Health Services:

Somers 58 (Ground Floor), 723-6282

Mary Beth Waage, 723-6282

Lee Ann Nelson, 723-6282

Student Support Services Counselors:

Tower 2150,  723-6594

Shar Mike, 723-5901

Tiffany Snider, 723-5909

Dory Pohl, 723-5597

Leigh Branovan,723-6735

Campus Ministers:

Tower 20

Nathan Langer, 723-6010

OPTIONS FOR REPORTING:

Students have three primary reporting options.  These options include the following:  1)Making an anonymous report  2)Formal reporting within the College  3)Reporting to the police for criminal charges. 

It should be made clear that The College’s investigative process of a sexual assault is not a legal process and is not a substitute for making formal legal charges to the police.  The College’s process is a formal internal procedure with specific guidelines.  You may obtain the specific operational guidelines followed in the investigation of a sexual assault by contacting a member of the Sexual Assault Support Staff or members of the Campus Sexual Assault Intervention Team. 

Students are strongly encouraged to contact Sexual Assault Support Staff to receive additional information regarding reporting options.  The Sexual Assault Support Staff team was specifically developed to serve as a resource to support students in making decisions about reporting, and to provide students with any information needed to make decisions that are right for them.  The members of the Sexual Assault Support Staff include:  Teresa Aldach (723-7020/T2150), Tad Sears (723-6017/T2150), or Mary Beth Waage (723-6282/Somers 58).  Members of the Sexual Assault Support Staff are confidential staff, and can assist students in making any type of report they choose including anonymous reports, formal reports, and reports to the police.  If a report of sexual assault is made to a member of the Sexual Assault Support Staff there are two options:

• Formal Report:  Formal reports include reports to the police or reports to campus authorities.  ONLY with the explicit written permission of the reporting student, Sexual Assault Support Staff will disclose to the Dean of Students specific information in regards to the reported sexual assault.  See section “Making a Formal Report within the College” that follows for additional information.
• Anonymous Report:  If a member of the Sexual Assault Support Staff is not given permission to disclose information of the reported sexual assault by the reporting student, the team member must report that a sexual assault has been reported without disclosing any identifying information.  Campus officials also have a duty to report sexual misconduct for federal statistical reporting purposes.  All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and general location (on or off campus, in the surrounding area, but no addresses are given), for publication in the annual Campus Security Reports.  This report helps to provide the community with a clearer picture of the extent and nature of campus crime, to support greater community safety.

MAKING A FORMAL REPORT WITHIN THE COLLEGE:

Any member of the CSS community may make a formal report of a sexual assault to those individuals responsible for the investigation of sexual assaults.  The charges will then be governed by the judicial procedures found in this handbook.  Those individuals responsible for investigation of sexual assault include:  Steve Lyons, Dean of Students and Vice President of Student Affairs and Sue Kurth, CSS Staff and member of the Campus Sexual Assault Investigation Team.  Both of these parties are trained in the investigatory process and are sensitive to the dynamics involved in sexual assault.   To make a Formal Report, you can contact members of the Campus Sexual Assault Investigation Team at the following locations:

• Steve Lyons, Dean of Students,  Tower 2145, x6167
• Sue Kurth, Tower G101, x5955

Sanctions

Sanctions for violating this policy include the possibility of suspension or dismissal from the College.  A student charged with rape or sexual assault can be prosecuted under Minnesota criminal statutes and disciplined under the campus student code of conduct.  Even if the criminal justice authorities choose not to prosecute, the College can pursue disciplinary action.  This policy applies to any assault perpetrated by a College of St. Scholastica student against another St. Scholastica student, against another person on The College of St. Scholastica grounds, or any CSS student with reported allegations of perpetrating sexual assault to anyone.

For additional information on campus investigation and sanctioning procedures, refer to the Judicial Procedures section of this handbook. Temporary sanctions and/or accommodations may be implemented during the course of an investigation (i.e. including options for probationary suspension of reported student, change in living accommodations of reported student, or academic accommodations of reporting or reported student) in order to provide for initial safety needs.   Incidents perpetrated by a non-college person will be referred to the proper authorities.

Retaliation

Retaliatory or intimidating conduct against any individual who has made a sexual assault report or who has testified or assisted in any manner in an investigation is specifically prohibited.  The College of St. Scholastica will investigate and take appropriate action against any student, faculty or staff member who retaliates against any person for their report of sexual assault.

Release of Information

Timely warnings must be issued to the campus community if the accused poses a substantial threat of bodily harm or danger to members of the community.  The victim’s name and other identifying information cannot be disclosed, but there must be enough information for students, faculty and staff to make decisions in light of any danger.  In cases in which the accused does not pose a substantial threat of bodily harm or danger, the College must still report statistical information regarding the type of incident and the general location (on-campus, off-campus, in surrounding areas, etc.) for publication in the annual Campus Security Report.  No further information regarding the victim or the incident may be released to the campus community in these cases.  These guidelines are based on the federal Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics. All documentation regarding any incident will be kept on file in the Dean of Students’ Office.  All documentation will be destroyed once parties involved have graduated or terminated enrollment at the College, with the exception of documentation regarding incidents resulting in college suspension, which are on file permanently.

Rights of a Reporting Student of  a Sexual Assault

Students who report sexual assault will receive an explanation of their rights both verbally and in writing. These rights include but are not limited to:

• To have an advocate or support person with you during all meetings or hearings.
• To have information on how the reporting and investigation process proceeds.
• To receive private and confidential medical treatment.
• To have knowledge of and access to all campus accommodations available, including assistance in changing academic and living situations.
• To choose whether you would like to participate in police or campus investigations.
• To have your report investigated and responded to by campus officials within three weeks.
• To not have prior sexual history or mental health history admitted in a campus hearing.  Also, your testimony need not be corroborated in most situations, and you need not prove resistance to the assault.
• To not be charged with other secondary violations of policy in making a report (i.e. violations of campus alcohol policy).
• To be informed of the outcome and sanction of any disciplinary hearing.

Rights of a Reported Student of  Sexual Assault

Charges brought against a student will be governed by the judicial procedures found in this handbook.  Students will be notified in writing and their rights explained.  These rights include but are not limited to:

• To have a support person present during any meetings or hearings.
• To timely written notice of the charges.
• To know who your accuser is.  However, you do not have the right to confront your accuser personally.
• To information on how the reporting and investigation process will proceed, and to your rights of representation.
• To a hearing on the charges.
• To receive written information about the outcome and sanctions of any disciplinary hearing.
• To an appeal.

Charges Against Student Organizations

When there is reason to believe that a student organization has committed or promoted behavior involving the sexual assault of another student, the organization may be disciplined up to loss of recognition.  Individual members may also be sanctioned as outlined in the previous section.  A student organization is responsible for the actions of its members when they are operating on behalf of the organization.

Campus Mandated Reporting Requirements

Faculty /Staff:  All faculty and staff are mandated reporters of sexual assault (the only exceptions are staff identified as confidential personnel in the procedures portion of this document).  Faculty and staff have several options in reporting an incident of sexual assault.  They may:

• Make a report to a member of the Sexual Assault Support Staff (Teresa Aldach, 723-7020/Tower 2150, Tad Sears 723-6017/Tower 2150, Mary Beth Waage 723-6282/Somers 58)
• Make a formal report to the Campus Sexual Assault Investigation Team (Steve Lyons (723-6167/Tower 2145) or Sue Kurth (723-5955)

Residential Advisors:  RA’s should follow the process as outlined by residential life procedures.  RA’s may also contact the sexual assault support staff for consultation about how to proceed on a specific reported incident.

Students:  Students are not required to report an incident of sexual assault.  However, the college highly recommends that students with knowledge of an incident of sexual assault contact the Sexual Assault Support Staff.  Members of the Sexual Assault Support Staff are designated as confidential staff, and specific information shared with the Sexual Assault Support Staff will be held in confidence if the reporting student so desires.

Dissemination of Sexual Assault Policy

The College of St. Scholastica Sexual Assault Policy will be reviewed as needed.  A copy of the policy will appear annually in the student handbook, the faculty handbook and the staff handbook.  This policy is also available on the CSS website at www.css.edu click on Health and Well Being, click on Violence Prevention and click on Sexual Assault.

Campus Sexual Assault Programming and Events

As a part of The College of St. Scholastica’s efforts to educate students and prevent sexual assaults, the following is available on campus throughout the academic year:

• Speak Up and Storm’s Advocates are two student groups focusing on issues of sexual assault and violence prevention.
• October is designated as Violence Prevention Month on the CSS campus with presentations and activities regarding sexual assault and domestic violence.
• April is designated as Sexual Assault Awareness Month on the CSS campus.
• During Welcome Weekend first year students will attend a presentation about sexual assault.
• Training in regards to issues of sexual assault will be provided on an annual basis to students, faculty, and staff.
• All faculty and staff are expected to be knowledgeable of the Sexual Assault policy and adhere to campus policy therein.