Section 4.15: Sexual Offense
Policy And Procedures
Policy Statement
Seattle University affirms
respect, responsibility, and care between all persons. Conduct constituting a
sexual offense, such as non-consensual sexual intercourse, non-consensual
sexual contact, sexual exploitation or sexual assault, will not be tolerated.
Behavior of this nature is inconsistent with Seattle University values, and is
a violation of the Code of Student Conduct, University policy and state and
federal law. Students committing a sexual offense in any form can be prosecuted
under the Washington State Criminal Code (RCW 9A) and/or disciplined under the
Code of Student Conduct. 26
Consent
A central concept to understanding what constitutes a sexual
offense under this policy is consent.
Consent is the
equal approval, given freely, willingly, and knowingly of each participant to
desired sexual involvement in accordance with age of consent laws. A person
compelled to engage in sexual contact by force, threat of force, or coercion
has not consented to contact. Lack of mutual consent is the crucial factor in
sexual offenses. Consent cannot be given if a person's ability to resist or
consent is impaired because of a mental or physical condition or if there is
incapacitation due to drugs or alcohol or if there is a perceived power
differential. Providing alcohol or drugs to facilitate sexual activity is a
violation of this policy. Use of alcohol or other drugs will not excuse
behavior that violates this policy.
The University
will not recognize consent if the complainant is:
- unconscious,
- frightened,
- physically or psychologically pressured or forced,
- intimidated,
- impaired because of a psychological condition,
- intoxicated
and/or impaired by use of drugs or alcohol.
Consent to one
form of sexual activity does not imply consent to other forms of sexual
activity. Similarly, previous relationships or consent does not imply consent
to future sexual activity. The requirements of this policy apply regardless of
the sexual orientation and/or gender expression or identity of individuals
engaging in sexual activity.
Prevention
through Education
The
University's goal is to prevent sexual offenses through education and
deterrence, and through the creation of an atmosphere of improved understanding
and communication. Educational opportunities on sexual assault awareness,
prevention and safety are presented during new student orientation and
throughout the year. Offices and programs providing such information include
Office of Wellness and Health Promotion, Integrity Formation, Public Safety,
and Housing and Residence Life. The Counseling and Psychological Services
Office also offers counseling, referral information and support.
- No one asks or
deserves to be the victim of a sexual offense. While there is no absolute
protection against a sexual offense, there are actions you can take to help
reduce your exposure to the risk of a sexual offense. Some suggestions include:
- Be aware that excessive use of
alcohol and/or other drugs interferes with the ability to think clearly and
communicate effectively.
- Keep your doors and windows locked
whether in the office, at home, or in the car.
- Wear clothes and shoes that allow
you to move quickly.
- Walk on lighted pedestrian pathways;
do not take short cuts.
- Walk with a purpose and project an
assertive image.
- Be conscious of your surroundings
and anticipate potentially dangerous situations.
- Prohibit a stranger(s) from entering
your room unless properly identified.
- Never hitchhike.
- Avoid walking or jogging alone at night.
- When on campus, particularly at
night, call Safety and Security at 296-5990 for security escort services.
- Know your sexual desires and limits,
exercise your right to set those limits, and clearly communicate those limits.
- Be assertive.
- If you are going to leave a party
with a person you do not know well, tell another person where you are going and
with whom you are going.
- When out with someone, be sure you have money for a taxi,
your bus pass, and the phone number of a friend, so you are not dependent on
your companion for a ride home.
Acquaintance
and date rape are familiar terms to students, but they are not legal terms.
They are often used to differentiate between rape committed by someone the
victim knows and rape by a stranger. The same criminal laws, penalties, and
University sanctions apply in cases of acquaintance rape as in cases of
stranger rape.
What You
Can Do If A Sexual Offense Occurs
A victim of a
sexual offense can experience varying degrees of trauma and anxiety. Emotional
and physical symptoms such as fear, anxiety, anger, shock, depression,
insomnia, headaches and/or nausea are common.
Many victims
also feel guilt and self-blame, especially if the suspect is an acquaintance.
Regardless of the symptoms you experience, if you are a victim of a sexual
offense:
- Find a safe place: Stay with a
friend or someone who can give you emotional support. Call a rape crisis line.
- Go to a hospital for immediate
medical care: The medical staff provides medical assistance for injuries, tests
for medical evidence, and resources for emotional help. Do not wash or change
clothes before calling or going for help as this may destroy important
evidence. The collection of medical evidence does not presume that you will
press charges against the assailant. However, if you later choose to press
charges, the evidence will be available.
- Report the sexual offense: You are
strongly encouraged to immediately report the sexual offense to Public Safety
at 206-296-5911 or local law enforcement officials at 911. Public Safety
personnel are prepared to help you understand your options and their
consequences, as well as to refer you to other campus and community resources
for additional assistance.
- Get professional counseling: A sexual offense is a serious
personal violation which renders any of a variety of physical, emotional and
psychological symptoms. A counselor will help you deal with these problems and
any related issues. Information about counselors and support resources are
available through Public Safety, Housing and Residence Life, the Wismer Center,
Counseling and Psychological Services, the Office of Student Development, and
Human Resources.
- Changes to classroom or residence hall assignments: In some
circumstances, victims of a sexual offense seek to change their classroom or
residence hall assignments. Students wishing to discuss reasonably available
options should contact the Associate Dean of Students.
Reporting
Procedures
On-campus
A victim of a sexual offense on
campus is strongly encouraged to notify the Crimes Against Persons Officer in
Public Safety (USB 102, 206.296.5990, 206.296.5911 for emergency). Once the sexual
offense is reported, Public Safety will notify appropriate University officials
or third parties who are identified as having a need to know. The primary role
of Public Safety in a sexual offense incident is to collect information in an
impartial manner and preserve all relevant evidence. Public Safety notification
procedures may vary depending on certain factors such as whether the alleged
assailant is a member of the University community, whether the incident took
place on or off campus, and whether the victim wishes to remain anonymous.
Generally,
Public Safety staff will report the incident to the campus Director of Public
Safety and the Title IX Coordinator. In addition, if the alleged assailant is a
student, the Office of Integrity Formation is notified; if the alleged
assailant is a faculty member, the Office of the Provost is notified; if the
alleged assailant is a staff member, the Vice President for Human Resources is
notified.
Anonymous
Report
If a victim
of a sexual offense wishes to remain anonymous, Public Safety will take a
"third person" report. This report allows a person to provide a detailed report
about the offense without the obligation of pursuing an investigation and/or
pressing charges. The University cannot fully investigate or initiate
disciplinary action against the alleged offender based on a third person
report. However, reporting is still encouraged as it may provide important
information for protecting the community-at-large.
Off Campus
When a sexual
offense occurs off campus, the investigative authority of Public Safety is
limited. However, Public Safety does work in close cooperation with the Seattle
Police Department in investigating the complaint. The same reporting and
notification procedures as for an on campus incident will occur. If the
assailant is a Seattle University student, faculty, or staff member, the
University may, at its discretion, suspend disciplinary action or related
proceedings until the SPD investigation and/or court action is complete.
Confidentiality
Information
received as part of the University reporting procedure is expected to remain
confidential. Whenever possible, the name of the victim will be withheld if the
victim so desires. Action requiring disclosure of the victim's identity or
identifying the victim in some manner will generally not take place without the
victim's consent. In some cases the University may not be able to honor a
request of confidentiality if doing so would endanger the safety or well-being
of the victim or other members of the University community.
University Response to Incidents of Sexual Offense
The University
will respond to all reports of sexual offense in a timely, effective, and
consistent manner. Factors the University may consider in determining which
response procedure(s) to follow include when the report is filed and how the
respondent chooses to proceed. All students are encouraged to report violations
of this policy to the University. A student who believes s/he or any student is
a victim of sexual offense is encouraged to promptly report the incident to
Public Safety, Residence Hall Staff, the Office of Student Development or
Student Health Services. Students may also consider a direct report to the
Seattle Police Department or contacting the Harborview's Center for Sexual
Assault & Traumatic Stress.
If a
complainant requests measures such as a change in academic or living
arrangements, options will be discussed and reasonable efforts will be made to
accommodate the request. The complainant and respondent will be informed of the
various support services available through the University, including counseling
and medical assistance.
Seattle
University reserves the right to take whatever measures it deems necessary in
response to an allegation of sexual offense in order to protect individuals'
rights and personal safety. Such measures include, but are not limited to,
modification of living arrangements, and interim suspension from campus pending
a hearing.
Overview of
Student Conduct Process
Seattle
University's integrity formation conduct process for sexual offense complaints
will be prompt and equitable and conducted in consultation with Public Safety.
Informal Resolution is not appropriate for sexual offense cases. The University
will investigate all complaints of sexual offense in a prompt, adequate,
reliable and impartial manner. The investigation will include a review of
statements obtained from the complainant and the respondent, interviews with
both parties, interviews with witnesses as appropriate, and review of relevant
documentation and physical evidence. Except in extraordinary circumstances, the
University will conclude its investigation and conduct process within sixty
(60) calendar days following receipt of a complaint. The University will
provide both the complainant and the respondent a thorough explanation of the
procedures to be followed during the course of the conduct process. The
procedures will follow those that are set forth in Sections 5.2 and 5.3 of the
Redhawk Commitment and Code of Conduct, but to the extent that anything set out
in those sections is inconsistent with this policy, the process set out in this
policy shall apply. These procedures include:
A. Both
parties will be advised that the resources listed in this policy are available.
B. The
Associate Dean of Students or his/her designee will issue a written "no
contact order" order to all parties involved in an alleged sexual offense.
C. The
University will utilize a pool of conduct officers trained to hear sexual
offense cases (referred to herein as the "Sexual Offense Review
Board"). Every effort is made to ensure that the members selected to sit
on the Sexual Offense Review Board represent the diverse campus community.
D. All sexual
offense cases will go before the University Sexual Offense Review Board (SORB).
E. All Sexual
Offense Review Board members will receive training specific to sexual offense
cases, with appropriate training conducted prior to the beginning of each
academic year and refresher training prior to a hearing. 30
F. The Title IX Coordinator will be informed of and provided
all information regarding a sexual offense complaint and investigation and any
subsequent conduct process.
G. The Sexual
Offense Review Board will determine responsibility using a preponderance of the
evidence standard, i.e., more likely than not a sexual offense did or did not
occur.
H. All parties
will be treated equitably during the hearing process, including having the
right to an advisor, witnesses, and the right to appeal.
I. The
importance of physical presence at a Sexual Offense Review Board will be
discussed with the complainant.
J. The hearing
location will have separate waiting rooms available for the complainant and the
Respondent.
K. All parties
will be informed of the Sexual Offense Review Board's findings and sanctions.
Either party may appeal the decision and all appeals are shared with the other
party. Appeals must be made in writing and submitted to the Office of Integrity
Formation within 3 business days following receipt of the official notification
of the findings and sanctions. Except in extraordinary circumstances, appeals
will be resolved within thirty (30) calendar days following receipt of the
request for appeal.
Not all forms
of sexual offense will be deemed to be equally serious offenses. The University
reserves the right to impose differing sanctions, ranging from written warning
to suspension or expulsion, depending on the severity of the offense. The
University will consider the concerns and rights of both the complainant and
the respondent of the sexual offense.
Resources
On Campus
- Campus Public
Safety 206.296.5911
- Counseling and
Psychological Services (CAPS) 206.296.6090
- Student Health
Center 206.296.6300
- Office for
Wellness and Health Promotion 206.296.2593 (Peer Health
Action Team)
- Campus
Ministry 206.296.6075
- Office Integrity Formation 206.296.6066
Off Campus
- Harborview
Center for Sexual Assault & Traumatic Stress 206.744.1600
- 401 Broadway,
Seattle, WA 98104
- King County Sexual Assault
Resource Center 1.888.99.VOICE