CHAPTER ONE
UNIVERSITY ORGANIZATION AND CAMPUSWIDE
POLICIES
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160 |
POLICIES ON PUBLIC SAFETY |
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161 |
Sexual Assault Policy |
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The University is committed to ensuring that
students, employees, or other persons who have been sexually assaulted,
including acquaintance rape, are provided treatment, assistance, and
information and are treated with sensitivity, care and confidentiality to the
extent permitted by law. |
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161.1 |
Definition
and Classification of Sexual Assault
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California Penal Code Sections 220, 243.4, 261, 264.1, 286, 288, and
289 define sexual assault as any sexual act or attempted sexual act in which
a person is threatened, coerced, or forced to comply against his or her will,
or he or she is incapable of giving consent or unconscious of the nature of
the act. Additional descriptions of sexual assault (excerpted from the
California Penal Code) are defined as: ·
Sexual ·
Rape is forced
sexual intercourse that is perpetrated against the will of the survivor or
when he or she is unable to or incapable of giving consent (i.e.,
unconscious, asleep or under the influence of alcohol or drugs) and may
involve physical violence, coercion, or the threat of harm of the survivor ·
Rape is
complete at the point of penetration no matter how slight that penetration ·
Acquaintance
Rape involves rape by a non-stranger who could be a friend, acquaintance,
family member, neighbor or co-worker ·
Date Rape
involves rape by someone with whom the survivor has been or is a voluntary
companion ·
Acquaintance
Gang Rape is a rape by more than one person, at least one of whom is known to
the survivor. California Administrative Code Title 5, Education
Part 5 Section 41301 (Code of Student Conduct) specifically prohibits “conduct
that threatens or endangers the health or safety of any person within or
related to the University community, including physical abuse, threats,
intimidation, harassment, or sexual misconduct.” Any violation of the Code of Student
Conduct by an individual will be investigated for possible disciplinary and
legal action regardless of whether the alleged assault occurred on or off
campus. Note: It is common for survivors to question whether
an assault may be defined as sexual assault.
In such cases the survivor is strongly encouraged to call any of the
resources listed in this policy and seek assistance and clarification
regarding their particular situation.
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161.2 |
What
is Consent? |
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For
purposes of criminal prosecution for sexual assault, California Penal Code
Sec. 261.6 defines “consent” to mean “positive cooperation in act or attitude
pursuant to an exercise of free will. The person must act freely and
voluntarily and have knowledge of the nature of the act or transaction
involved. A current or previous dating or marital relationship shall not be
sufficient to constitute consent where consent is at issue in a prosecution
(for sexual assault).” For
purposes of University policy, the responsibility for establishing consent
rests upon the person who is initiating the sexual activity. To establish
that someone has consented to sexual activity, the person must either hear
this consent stated verbally or receive this communication nonverbally in a
way that would nonetheless be seen as consent by reasonable people. As noted
above, consent cannot be established simply on the basis of a current or
previous dating or romantic relationship. In addition, consent may be
withdrawn at any time during the sexual act. |
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161.3 |
Reporting
an Assault |
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The University recognizes that survivors of
sexual assault may minimize the impact of what happened to them, potentially
delaying the reporting of the assault or seeking help. All survivors are
encouraged to seek assistance in addressing the traumatic impact of the crime
of sexual assault, whether through reporting the assault or seeking
counseling, advocacy, or other services.
In general, survivors of sexual assault
have several options for reporting the assault and/or accessing
resources. These include:
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161.3.1 |
Criminal
Investigation Option: Reporting to Law Enforcement |
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As soon
after the assault as possible, survivors of sexual assault, whether they are
students or employees, are strongly encouraged to
report the assault to law enforcement. Sexual assaults may be reported to the
University Police Department at 756-2281 (if the assault occurred on campus
property) or to the appropriate local law enforcement agency, if the assault
occurred outside the University Police jurisdiction. If the survivor is
uncertain where to report, s/he can contact University Police and will be
advised regarding the correct law enforcement agency. The website address for
University Police is: www.afd.calpoly.edu/Police Note: In
most cases, the decision to pursue any of these options is completely left to
the survivor, although it is important to be aware that there are exceptions
to privacy, for example, police agencies may be required to investigate a
report of sexual assault. In addition, the University reserves the right to
investigate a complaint if it involves a member of the University
community. |
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161.3.2 |
Student
Disciplinary Option: Reporting to the Office of Student Rights &
Responsibilities |
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Any member
of the Note: There
may be circumstances where substantial threat to the University community
would necessitate the OSRR reserving the right to initiate an investigation,
and, where applicable, take appropriate disciplinary action. The website
address for the Office of Student Rights & Responsibilities is: www.calpoly.edu/~saffairs/ja/ |
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Student Organizations: Reporting to the Office of Student Life and
Leadership |
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The Office of Student Life and Leadership will
receive and consider reports of organizations alleged to have condoned,
promoted, or been involved in activities relating to sexual assault. Such organizations may have their
University recognition withdrawn and/or other sanctions imposed. |
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161.3.4 |
Personnel Disciplinary Option: Reporting to the Office of Employment
Equity
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Any member
of the Cal Poly community who believes that s/he has been sexually assaulted
by a staff or faculty member of the University may contact the Director of
Employment Equity . In accordance with University
policies and practices and collective bargaining agreements, a personnel
investigation, separate from any police investigation, may be initiated. As noted previously, whenever possible, the
wishes of the survivor will be sought regarding whether to pursue a
University policy violation investigation. However, when the assault involves
a member of the campus community, the University reserves the right to
initiate an administrative investigation and when applicable, take
appropriate disciplinary action.
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161.4 |
Assistance and Support Options
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161.4.1 |
Residence
Halls |
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Residence
Hall residents may seek assistance through the residence hall staff. Any report of the crime of sexual assault
is treated as a mandated report by residence hall staff, and thus the University
Police Department is immediately contacted. Housing and Residential Life
staff work with survivors to immediately link them with appropriate campus
and community referrals. |
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161.4.2 |
Collection
of Forensic Evidence or Medical Treatment |
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If
a survivor of sexual assault decides to file a police report, it is important
that physical evidence be collected as soon after the assault as possible. In
Cal Poly
student survivors who do not want to file a police report, but are interested
in being tested and/or treated for STI’s, pregnancy
or injuries resulting from a sexual assault may seek treatment at Health
Services at Cal Poly at 756-1211. http://www.calpoly.edu/~hps/. It is
important to know that in some circumstances, injuries resulting from
domestic or relationship violence are mandated to be reported to law
enforcement. |
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161.4.3 |
Confidential
Counseling |
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Any
survivor seeking confidential counseling or advocacy may contact the Sexual
Assault Recovery and Cal Poly
student survivors may also contact Cal Poly Counseling Services, 756-2511, http://www.calpoly.edu/~hps/ Counseling
through either of these resources may be initiated at any time following the
assault. |
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161.4.4 |
Information
and Other Resources |
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The Women’s
Center on campus, through the SAFER program, http://womensprograms.calpoly.edu/safer/safer.html
provides a safe, supportive environment and trained staff prepared to guide Cal
Poly community survivors through the process of determining what action to
take. SAFER staff is also available to provide information regarding
community resources. |
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161.5 |
Intimidation
and Retaliation Against Involved Parties |
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Retaliation
against any involved parties and/or witnesses will not be tolerated,
particularly any threats, stalking, harassment, or conduct which threatens
the health or safety of any potential witness. This also includes dissuading
or preventing any involved parties from attending or giving testimony at any
proceeding or inquiry involving an allegation of sexual assault under this
policy, or any attempt to contact, harass, or intimidate potential witnesses
involved in any criminal and/or student disciplinary process, whether in
person, by telephone, by regular or electronic mail, through associates or by
any other means. In addition, dissuading or preventing involved parties from
giving testimony may be a violation of 136.1 of the Penal Code and could
result in arrest and/or felony criminal charges being filed. The University
will work with anyone reporting an act of sexual assault to protect them from
any of the above actions and to encourage them to report any such actions so
they may be investigated and/or disciplined appropriately. |
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161.6 |
Conclusion |
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As
an institution of higher learning, Cal Poly is committed to working toward an
ever more supportive and safe environment for all members of the campus
community. Anyone who believes they
have been sexually assaulted by a member of the campus community is strongly
encouraged to report the incident to University officials so that appropriate
support and action may be taken. It is only through either formal or informal
reporting that the incidence of sexual assault can be reduced. |
Reference
· Date approved by the President: September 6, 2006
· Office responsible for implementation: Office of Student Affairs
· Date when the policy is to be reviewed and by whom (where stipulated):
· Sunset clause (where stipulated):
· Related University Policies/Documents/Manuals/Handbooks:
· Any
laws, regulations or codes of practice which should be referred to in
conjunction with the policy: California Penal Code Sections 220, 243.4,
261, 264.1, 286, 288 and 289;