Student Conduct

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USD SEXUAL ASSAULT AND SEXUAL EXPLOITATION REPORTING
AND RESPONSE PROTOCOLS

1. STANDARDS OF CONDUCT


All students, faculty and staff at the University of San Diego are responsible for being familiar with and abiding by the standards of conduct set forth in these Reporting and Response Protocols.

Sexual assault and sexual exploitation in all forms violate the sanctity of the human body and spirit and will not be tolerated within the USD community. In addition, these behaviors are serious violations of university policy and the Student Code of Rights and Responsibilities, and also violate the law.  

Through these Reporting and Response Protocols, the University of San Diego seeks to provide a consistent, caring and timely response in cases when sexual assault or sexual exploitation have occurred or are alleged to have occurred, regardless of whether the incident took place on or off campus. These Reporting and Response Procedures aim to:

    A. Outline the steps the University will take to immediately and effectively respond and investigate incidents of sexual assault and sexual exploitation.


    B. Take prompt and effective steps to end the sexual assault and/or exploitation, prevent its
    recurrence, address its effects (whether or not the sexual violence is the subject of a criminal
    investigation), and determine the need to notify appropriate law enforcement authorities.


    C. Protect the complainant as appropriate and facilitate the recovery from sexual assault and/or
    exploitation by providing prompt and compassionate support and professional services.


    D. Create a campus environment that expedites and encourages the reporting of sexual assault
    and/or exploitation and clearly outlines the steps to file such reports.


    E. Facilitate the apprehension of the accused when sexual assaults and/or acts of sexual exploitation
    are committed or alleged to have been committed.


    F. Promptly and equitably administer cases against students or employees through either the
    campus judicial system or other relevant university processes.


    G. Establish and cultivate community involvement in sexual assault and exploitation awareness and
    prevention.


The information outlined in these protocols can assist a person in learning how to access a full range of on- and off-campus services available.  A comprehensive website dedicated to sexual assault awareness, prevention and support can be found at:  http://www.sandiego.edu/CARE. The site also contains a comprehensive list of resources, describes reporting options and has an anonymous notification form.

The university also prohibits and does not tolerate sexual harassment or discrimination.  For more information, please see the university’s Policy Prohibiting Discrimination and Harassment.


2. KEY DEFINITIONS


“Sexual assault” is any unwanted physical contact of a sexual nature that occurs either without the
consent of each participant or when a participant is unable to give consent freely. Physical contact of a
sexual nature includes, but is not limited to, touching or attempted touching of another person’s breasts,
buttocks, inner thighs, groin, or genitalia, either directly or indirectly, or sexual penetration (however
slight) of another person’s oral, anal or genital opening. Sexual assault includes, but is not limited to,
rape, sodomy, oral copulation, sexual battery, sexual penetration with an object, forcible fondling (e.g.
unwanted touching or kissing for purposes of sexual gratification), or threat of sexual assault. Sexual
assault can occur either forcibly and/or against a person’s will, or when a person is unable to give
consent freely.


“Sexual exploitation” is sexual misconduct that occurs when a person takes unjust or abusive sexual
advantage of another for his or her own advantage or benefit or for the benefit or advantage of anyone
other than the exploited party; and that behavior does not otherwise constitute sexual assault. Examples
of sexual exploitation include, but are not limited to, videotaping or photographing of any type (webcam,
camera, Internet exposure, etc.) without knowledge and consent of all persons; prostituting another
person; knowingly transmitting HIV or a sexually transmitted disease to an unknowing person or to a
person who has not consented to the risk; or inducing incapacitation with the intent to commit sexual
assault, without regard to whether sexual activity actually takes place.


“Consent” is an affirmative decision to engage in mutually acceptable sexual activity given by clear
actions or words. It is an informed decision made freely and actively by all parties. It is incumbent upon
each participant to either obtain or give consent prior to any sexual activity. If at any time during the
sexual interaction any confusion or ambiguity should arise on the issue of consent, it is incumbent upon
each individual involved in the activity to stop and clarify verbally the other’s willingness to continue.
Furthermore, a current or previous dating or sexual relationship is not sufficient to constitute consent,
and consent to one form of sexual activity does not imply consent to other forms of sexual activity.
Being intoxicated does not diminish one’s responsibility to obtain consent.


A person cannot give consent if he or she (1) is a minor (under age 18); (2) has a mental disorder or
developmental or physical disability that renders him or her incapable of giving consent; (3) is
unconscious; or (4) is incapacitated from alcohol or other drugs, and this condition was known or
reasonably should have been known to the accused.


Even though the definitions provided in these protocols are similar to those contained in applicable
criminal laws, the definitions are specific to the University of San Diego. Federal and California law are
instructive in this interpretation of the definitions contained in these protocols. However, an act that
might not violate or be prosecuted under applicable criminal laws may still violate these standards and
protocols, university policy, and the Student Code of Rights and Responsibilities.


3. PRIVACY OF INFORMATION


When sexual assault and/or sexual exploitation are reported or identified, the university will take reasonable steps to preserve an individual's privacy and protect the confidentiality of information while promptly investigating and responding. The degree to which confidentiality can be protected, however, depends upon the professional role of the person being consulted. An individual can speak confidentially with psychologists or psychology interns at the Counseling Center, professional staff at the Center for Health and Wellness Promotion, Pastoral Counselors at University Ministry and with members of the clergy who work at or for the university. The law will govern the extent to which the university and its employees may or must disclose information concerning a complaint of a sexual assault and/or sexual exploitation or knowledge of an occurrence.   The University will promptly investigate and take appropriate action when it receives information suggesting that an incident of sexual assault or sexual exploitation has occurred, regardless of whether a formal complaint has been filed.

For more information, please contact a USD trained Campus Assault Resources and Education (CARE) Advocate through Public Safety Dispatch by dialing (619)-260-2222 (a list of advocates can be found at www.sandiego.edu/CARE), the Counseling Center (619)-260-4655 or (619) 260-222 after-hours, or USD’s Director of Equal Employment Opportunity and Affirmative Action and Title IX Coordinator at (619) 260-7408.  

4. WHAT TO DO FOLLOWING A SEXUAL ASSAULT OR AN INCIDENT OF SEXUAL EXPLOITATION


A member of the USD community who has been sexually assaulted or has been exposed to any form of
sexual exploitation, is strongly encouraged to make a report to activate the appropriate response and
support, as soon as possible, at any time of the day or night to the Department of Public Safety (619)-
260-2222 and/or to law enforcement by calling 911.


a. Making a Report:

    • Call (619)-260-2222 (24 hours) to report the incident and to receive immediate assistance.   When you call you may ask to speak with a trained CARE Sexual Assault Advocate or with a Public Safety representative.  To access assistance off-campus call 911.  During working hours you can also make a report by contacting a trained CARE Advocate directly (a list of trained advocates with their on-campus contact information can be found at http://www.sandiego.edu/CARE). 

    The university will promptly investigate and take appropriate steps to resolve any complaints of sexual assault and/or exploitation as defined above.  In addition, with the assistance of a trained CARE Advocate, a complainant will:

    1. Review options to ensure safety, accessing ongoing support and professional service

    2. Receive assistance if needed to notify family and/or friends

    3. Receive assistance in making a report to the Department of Public Safety and learn about the University’s investigation and adjudication process (All cases brought forward to CARE Advocates will be reported to Public Safety.  It is always the decision of the complainant whether or not to participate in an investigation).

    4. Receive information about his or her right to file a criminal complaint

    5. Receive information about USD’s policies and Title IX Coordinator


    • If you have questions about reporting and would like a confidential consultation to explore options, contact the Counseling Center  (Serra 300, 619-260-4655, 8:30 to 5pm; After-hours 619-260-2222)

    • In addition to the trained CARE Advocates, the USD’s Women’s Center staff (619)-260-2396 and Residential Life Community Directors and/or Resident Assistants are also available to provide guidance and support.

    • To receive assistance outside of USD, you can contact the San Diego Rape Crisis Center at (888)-385-4657 (http://www.ccssd.org/services_crisis.html). To request Sexual Assault Victim Advocacy services at the Center for Community Solutions, call 858-272-5777 and ask to speak with the Sexual Assault Victim Advocacy Manager.  This service is free and confidential.

    The decision to report or not has emotional, psychological, economic and social consequences. You must make the decision that best enables you to resume a healthy and productive life. We encourage you to report any sexual assault and /or any incident of sexual exploitation to access the range of supports and options available to help you.

b. Evidence

    • Do what you can to preserve evidence.
            1. If you preserve evidence, you will have it available if you decide to report to law
              enforcement.
            2. Resist the urge to change clothes or shower, if you can.
            3. If you change clothes, place each garment in a separate paper bag.


            • Medical - Legal Evidence Collection (SART Exam): A person who has experienced a sexual assault (particularly rape, forcible oral copulation, or sodomy) is encouraged to request collection of medical-legal evidence. Collection of evidence entails interaction with police, a police report and interaction with the County’s Sexual Assault Response Team (SART) at a medical facility off-campus. Prompt collection of physical evidence through an exam is essential should a person later decide to pursue criminal prosecution and/or a civil action.  For more information regarding the SART exam, please contact a USD CARE Advocate, the San Diego County DV Hotline (888-385-4657) or click here

            • Non Investigative Report (NIR):  Adult victims who wish to have physical evidence collected pursuant to a sexual assault incident, but do not wish to have law enforcement investigate the incident, may have this evidence collected at one of the adult SART facilities in San Diego County.  This non-investigative SART reporting process is to allow DNA and other physical evidence to be collected and stored in the event a victim decides to initiate the investigative process at a later time. This evidence may include SART kits, clothing or other items collected, sexual assault exam report forms, and photographs. To access this option you can contact the CARE Advocate for assistance or contact directly the San Diego County DV Hotline (888-385-4657).
            • In cases of Sexual Exploitation such as those involving the posting or distribution of pictures or videos taken without your consent or without permission for distribution, try to preserve any evidence you may have (e.g., pictures, texts, social media posts or videos).

             

    c. Medical Treatment:

    A person who has experienced a sexual assault is urged to seek appropriate
    medical evaluation as promptly as possible.

    • For life-threatening conditions, call 911 or go to the nearest hospital Emergency
      Department (if you need assistance getting there call Public safety at (619)-260-2222.


      • For treatment of less serious injuries, students can use the Student Health Center (619)-
      260-4595. For after hours consultations, contact (619)-260-2222.


      • For evaluation and prevention of sexually transmitted diseases, as well as consultation for
      other concerns, students can use the Student Health Center (619)-260-4595.


    d. Obtaining Information, Support and Counseling:

     A person who has experienced, who has knowledge of, or has been affected by another person’s sexual assault, is strongly encouraged to obtain information, support and counseling.

    A variety of agencies, both on and off campus, can help a person decide what steps to take, such as seeking medical attention, preserving evidence, obtaining counseling or reporting to authorities. Information, support and advice are available for anyone who wishes to discuss issues related to sexual assault and/or incidents of sexual exploitation. As stated above, the degree to which confidentiality can be protected depends upon the professional role of the person being consulted and should be addressed with that person before specific facts are disclosed

    1. Resources on campus


      USD CARE Advocates, (619) 260-2222 (Public Safety Dispatch) or by contacting them directly during working hours (visit www.sandiego.edu/CARE to see a list of trained advocates and their on-campus contact information).

      Specially trained USD staff members are available to support students in need.   CARE Advocates will help students make a report to Public Safety and understand other reporting options, access support services and identify concerns and necessary accommodations.


      USD Counseling Center, Serra Hall 300, (619) 260-4655 (After-hours emergencies call 619-
      260-2222)

      Students in crisis or with urgent needs, or those in need of assistance to determine whether or not to make a report or contact a CARE Advocate can be seen immediately on a walk-in basis. All information is confidential in a manner consistent with applicable law . This service is also available to those who have been accused of sexual misconduct.  Counseling Center staff can also help students address academic concerns, contact professors, and/or coordinate other services on-campus.


      Student Health Center (SHC), Camino Hall 161, (619) 260-4595 (After-hours emergencies
      call 619-260-2222)

      SHC professional staff members are available for consultation, assessment, medical treatment,
      evaluation and prevention of sexually transmitted diseases, as well as consultation for other
      health concerns.


      University Ministry, University Center 238, (619) 260-4735
      University ministers are available to provide support to students in need.


      Dean of Students Office, University Center 232, (619) 260-4588
      Assistant Vice President for Student Affairs/Dean of Students or his/her designee is available to
      provide support to students, as well as facilitate the reporting process.

      Public Safety, Hughes Center 144, (619) 260-2222
      Public Safety Officers respond to crimes and medical emergencies and can provide other general
      assistance. Officers can facilitate reporting through the San Diego Police Department as well as
      anonymous and confidential campus reporting.


      Women’s Center, Student Life Pavilion 420, (619) 260-2396
      The Women’s Center is a student-centered learning community that provides resources and
      engages women and men in educational dialogue around gender-related issues. The Center
      advocates for a safe, supportive campus environment that promotes equity among all voices.
      Staff members are available for consultation and to provide information and assistance in making
      a report and/or accessing support services on- and off-campus.


      Director of Equal Opportunity and Affirmative Action and Title IX
      Coordinator, Maher Hall Room 101, (619) 260-4594

      The Title IX Coordinator is available to discuss questions or concerns relating to the
      investigation of complaints received pursuant to Title IX; our reporting protocols and grievance
      procedures; education and training opportunities across campus; and the monitoring of campus
      climate to ensure the safety and dignity of our community.


    2. Resources off-campus


    Counselors on a hotline are specifically trained to help rape victims and to offer confidential
    support and information about legal, medical and mental health resources.

        • Rape Crisis Hotline, (888) 385-4657 (24 hours)
          The City of San Diego's only Rape Crisis Center provides services for survivors of sexual
          assault. All services are free and confidential.
        • Center for Community Solutions: (Coastal Location) 858-272-5777
          http://www.ccssd.org/about.html

          Emergency Services: 24/7 hotline, domestic violence emergency response, sexual assault
          emergency response, and emergency shelter. (888) 385-4657
          Crisis Intervention Services: legal services, counseling services, transitional housing,
          domestic violence victim advocacy, sexual assault victim advocacy, and elder abuse victim
          advocacy and legal services.
          Relationship and Sexual Violence Prevention: education & outreach programs.

     

    e. Making an Anonymous Report


    To the Police – You may decide to report the crime anonymously. The police will record the date and time of the assault, details of the incident, and any description of the assailant you can give. If you know the assailant's name, it will be recorded. This report may influence the District Attorney's decision whether to prosecute another case if the same assailant has been named in one or more separate complaints. In addition, the police will maintain this information in the event a pattern of crimes by the assailant is detected.


    To the university - If you have been sexually assaulted or have been exposed to any form of sexual exploitation, and you are not in a position at the University that requires you to report the incident (e.g., witness, partner, friend, family member), USD’s Anonymous Report Program provides the USD community with a method to anonymously report criminal and suspicious activity to USD Public Safety. Anonymously reported incidents are routed to the Administration unit only. Please note that the Anonymous Report program does not substitute a report for crimes in progress or for crimes that present a continuing threat to the community: in such cases, please dial (619) 260-2222 immediately. Please remember that the more the information the University has, the better able the institution will be to investigate and appropriately respond.


    5. ENFORCEMENT


    a. University Enforcement


    These Standards and Protocols are authorized and approved by the President of the University of San Diego.  They are enforced under the authority of the Vice President for Student Affairs or his or her designee. Where the sexual assault and/or exploitation incident involves a university employee, other relevant administrators also will be involved in and/or oversee the enforcement of these Standards and Protocols. 


    Violation of these Standards and Protocols will result in appropriate disciplinary action, up to and including dismissal from the university.   Violation of these Standards and Protocols may also subject the offender to criminal prosecution or third party civil litigation.  For students, committing a sexual assault and/or an act of sexual exploitation is a violation of the Student Code of Rights and Responsibilities, even where the violation occurs off-campus. 


    In enforcing these Standards and Protocols, the university recognizes the following rights of the
    complainant and the accused:


    Statement of Complainant’s Rights

    • •The right to be treated with respect by University officials;

      •The right of both complainant and accused to have the same opportunity to have others present (in support or advisory roles as provided for in the Student Code of Rights and Responsibilities) during a campus disciplinary hearing;

      •The right to be supported and assisted by USD officials in the process of making a report;

      • The right to a campus “no contact” order against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student. No contact means that a student will be instructed not to do one, more or all of the following: approach, speak to, threaten, write (including any form of electronic communication or social network posting), call, e-mail, text, engage in activities (class or outside of classroom) where he/she may encounter, or do damage to the room or property of another identified student;

      • The right to a campus “no trespass” order against a non-USD community member who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student;

      • The right to be notified upon request of the time frame within which the university will conduct a full investigation of the complaint;

      •The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual assault and/or sexual exploitation;

      •The right to be informed of one's options to notify proper law enforcement authorities, including on-campus public safety and local police, and the option to be assisted by campus authorities in notifying such agencies, if the student so chooses;

      •The right to be notified of available counseling, mental health or student services for victims of sexual assault and/or sexual exploitation, both on campus and in the community;

      •The right to be informed of any options for, and available assistance in changing academic or living situations, and/or on campus work, after an alleged sexual assault and/or sexual exploitation incident, if so requested by the victim and if such changes are reasonably available;

      •The right not to have irrelevant prior sexual history admitted in a campus hearing;

      •The right to make a victim-impact statement to the hearing authority to be read at the end of the hearing process;

      •The right to have complaints of sexual misconduct responded to quickly and with sensitivity by Public Safety;

      •The right to have sexual assault reports investigated and appropriately resolved/addressed by the University;

      • The right to an appeal as detailed in the Student Code of Rights and Responsibilities;

      • The right to be informed of Title IX Rights and available resources;

      • The right to be free from retaliation for making a complaint of sexual assault or exploitation.


    Statement of the Accused's Rights

    • The right to timely notice of charges, including the nature of the charge and possible sanctions;

    • The right to a hearing on the charges, including timely notice of the hearing date and adequate time for preparation;

    • The right of both complainant and accused to have the same opportunity to have others present (in support or advisory roles as provided for in the Student Code of Rights and Responsibilities) during a campus disciplinary hearing;

    • The right to hear and respond to any evidence presented, and to report any relevant information as provided for in the Student Code of Rights and Responsibilities;

    • The right to timely notification of the outcome and sanction of the hearing;

    • The right to an appeal as detailed in the Student Code of Rights and Responsibilities;

    • The right of access to campus resources for medical, counseling, safety and advisory services.

     

    b. Retaliation Prohibited

    The university prohibits and does not tolerate retaliation against any individual who in good faith files a complaint of unlawful discrimination or harassment (including but not limited to a complaint of sexual assault and/or sexual exploitation) or is involved as a witness or participant in the complaint or investigation process. Engaging in unlawful retaliation can result in disciplinary action, up to and including dismissal from the university.

    The university encourages any individual who believes he or she has been subject to unlawful retaliation, or observes or is otherwise aware of an incident of unlawful retaliation, to report the incident promptly pursuant to the complaint procedure identified in the university’s Policy Prohibiting Discrimination and Harassment. The investigation and corrective action procedures set forth in the Policy Prohibiting Discrimination and Harassment will similarly apply in the case of a complaint of unlawful retaliation in violation of the policy.


    c. Legal Options

    A person who engages in a sexual assault may be the subject of criminal prosecution and/or civil litigation. A police report must be made before a criminal prosecution can be considered by the local District Attorney’s Office. A person who wishes specific information about legal options should consult a private attorney and/or the office of the District Attorney.

     

    6. INSTITUTIONAL RESPONSES


    Public Notification of Incidents — As required by state and federal law, the USD Department of Public Safety must collect and report annually statistical information concerning sexual assaults occurring in its jurisdiction. To promote public safety, the Department also alerts the campus community to incidents and trends of immediate community safety concern.


    7. EDUCATION AND PREVENTION


    The University of San Diego provides resources for education about prevention of sexual assault and sexual exploitation.  Students, faculty and staff are urged to take advantage of on-campus prevention and education resources and are encouraged to participate actively in prevention and risk reduction efforts.

    For a complete listing of prevention and education programs, and resources please click here or contact:

    • Center for Health and Wellness Promotion, University Center 161, (619) 260-4618
    • Counseling Center, Serra Hall 300, (619) 260-4655
    • Director of Equal Opportunity and Affirmative Action and Title IX Coordinator,
      Maher Hall 101, (619) 260-4594
    • Women’s Center, Student Life Pavilion 420, (619) 260-2396

     

     

    Approved 9-7-2011

    Revised 8-8-2012