University Policies
USD SEXUAL ASSAULT STANDARDS AND PROTOCOLS
This document outlines USD's sexual assault standards and protocols. The section headings are as follows:
1. Standards of Conduct
2. Key Definitions
3. Confidentiality of Information
4. Options following a sexual assault
a. What to do immediately
b. Medical treatment
c. Medical – legal evidence collection
d. Obtaining information and counseling
e. Deciding whether to report
f. Anonymous reporting
5. Enforcement
a. Disciplinary and Other Administrative Actions for Students
1. Statement of Victims Rights
2. Statement of Accused Rights
b. Legal Options
6. Institutional Responses
a. Public Information
b. Public Notification of Incidents
7. Education, Prevention and Support
a. Resources on campus
b. Resources offcampus
c. Prevention and education
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 Standards and Protocols.
Sexual assault and sexual exploitation in all forms violates the sanctity of the human body and spirit and will not be tolerated within the USD community. In addition, sexual assault and sexual exploitation are serious violations of university policy and the Student Code of Rights and Responsibilities, and also violate the law. The standards and protocols identified for incidents of sexual assault also shall apply to and govern incidents of sexual exploitation.
Through these Standards and Protocols, the University of San Diego seeks to provide a consistent, caring and timely response when a sexual assault occurs or is alleged to have occurred within the university community. These Standards and Protocols aim to:
A. Facilitate the recovery of a sexual assault victim by providing prompt and compassionate support services.
B. Create a campus environment that expedites and encourages the reporting of sexual assaults to the appropriate authorities. A report of a sexual assault will be dealt with promptly and will be investigated as appropriate. Confidentiality will be maintained to the extent possible.
C. Facilitate the apprehension of the accused when sexual assaults are committed or alleged to have been committed.
D. Administer cases against students or employees through either the campus judicial system or other relevant university processes.
E. Establish and cultivate community involvement in sexual assault awareness and prevention.
The university is committed to providing information regarding on and off campus services and resources. Resources listed in this policy can assist a person to access the full range of services available.
A comprehensive website dedicated to sexual assault awareness, prevention and support can be found at: http://www.sandiego.edu/wellness/sexualassaultresources. The site contains a 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
“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.
“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.
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. CONFIDENTIALITY OF INFORMATION
When sexual assault or misconduct is reported, the university will take reasonable steps to preserve an individual's privacy and protect the confidentiality of information. The degree to which confidentiality can be protected, however, depends upon the professional role of the person being consulted. An individual who is at least 18 years of age can speak confidentially (with no concerns about disclosure of the information being shared) with psychologists or psychology interns at the Counseling Center, 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. For information, please contact a USD Sexual Assault Responder (6192602222) or the Counseling Center (6192604655).
4. OPTIONS FOLLOWING A SEXUAL ASSAULT
A person who has experienced a sexual assault is urged to make a report to the police, Public Safety and/or the Dean of Students. Whether or not an individual makes a official report, he or she is urged to seek appropriate help, which may include medical evaluation, obtaining information, support, and counseling, either on and offcampus. Any of the resources listed in these Standards and Protocols can assist a person to access the full range of services available.
a. What To Do Immediately:
· Go to a safe place
· Contact someone who can help (parent, guardian, friend, Resident Director, Sexual Assault Responder (24 hrs 260-2222), Counseling Center staff (24 hours 260-2222), Public Safety (24 hours 260-2222), Police (911).
· Do what you can to preserve evidence.
o If you preserve evidence, you will have it available if you decide later to report.
o Resist the urge to change clothes or shower, if you can.
o If you change clothes, place each garment in a separate paper bag.
b. 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 evaluation and prevention of sexually transmitted diseases, as well as consultation for other concerns, students can use the Student Health Center (619-260-4595).
c. Medical Legal Evidence Collection: A person who has experienced a sexual assault particularly rape, forcible oral copulation, or sodomy) is encouraged to request collection of medicallegal 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 Sexual Assault Responder.
d. Obtaining Information, Support and Counseling: Whether or not one makes a report, 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. Counselors at 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, whether or not a sexual assault has actually occurred, and whether or not the person seeking information has been assaulted, has been accused of a sexual assault, or is a third party. 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.
o Students may consult:
Oncampus:
1. Sexual Assault Responder for assistance with academic, housing, reporting and similar issues. Sexual Assault Responders can be reached through Public Safety Dispatch by dialing 619-260-2222.
2. Counseling Center (Serra 300, 619-260-4655, 8:30 to 5pm. After hours (619-260-2222)
3. Student Health Center (Camino Hall 161, 619-260-4595, 8:30 to 4:30 pm. After hours (619-260-2222)
4. Women’s Center (UC 116, 619-260-2396)
5. Dean of Students Office (UC 232, 619-260-4588)
Offcampus:
1. Center for Community Solutions 24 hr hotline 888-272-1767 (toll free)
2. Student Personal Physician
e. Deciding Whether to Report. A member of the USD community who has been sexually assaulted is strongly encouraged to make a report to the police as soon as possible, whether or not he or she intends at that time to seek criminal and/or civil redress.
To pursue internal disciplinary measures, an individual who has been sexually assaulted is encouraged to contact the office of the Dean of Students (6192604588) and/or USD’s Public Safety Department (6192602222). Whether or not you choose to make a report, you are strongly urged to seek the appropriate help to ensure your safety, to begin your healing process and to obtain any necessary academic, residential or work related accommodations.
To assist you in deciding whether to report, you may want to contact the Counseling Center at 619-260-4655. The Counseling Center professional staff is not required by law to report incidents of assault, except for students under 18 years of age. The Counseling Center professional staff also can assist you in obtaining medical attention and/or counseling, contacting police, and obtaining other support services, such as help with academic problems caused by the incident. In addition, you may contact a specially trained Sexual Assault
Responder (6192602222) who can provide information, review reporting options and facilitate access to resources and accommodations.
How To Report:
• To report to Law Enforcement call 911 or the USD Department of Public Safety at 619-260-2222.
• If the assailant is a USD community member and you want to receive information about the university’s response procedure, contact the office of the Dean of Students at 619-260-4588.
f. 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 the accused is a USD community member, you can report the incident anonymously by completing the report form and submitting it to Public Safety.
The decision to report or not has emotional, economic, psychological 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.
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 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 also may subject the offender to criminal prosecution or third party civil litigation. For students, committing a sexual assault is a violation of the Student Code of Rights and Responsibilities, even where the violation occurs offcampus.
In enforcing these Standards and Protocols, the university recognizes the following rights of the victim and the accused:
Statement of Victim's Rights
•The right to be treated with respect by University officials;
•The right of both accuser 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 in the decision to report by USD officials;
• The right to a campus “stay away” or “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;
• 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 informed of the outcome and sanction of any disciplinary hearing involving sexual assault;
•The right to be informed of one's options to notify proper law enforcement authorities, including oncampus 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, both on campus and in the community;
•The right to notification of and options for, and available assistance in, changing academic, on campus work, and residential living situations after an alleged sexual assault 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 victimimpact 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.
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 to have a university community member (as provided for in the Student Code of Rights and Responsibilities) accompany and support in the campus hearing process;
•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. 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, PREVENTION AND SUPPORT
The University of San Diego provides resources for education about prevention of sexual assault. Students, faculty and staff are urged to take advantage of oncampus prevention and education resources (both Universitysupported and student led)and are encouraged to participate actively in prevention and risk reduction efforts.
USD Counseling Center, Serra Hall 300, 619-260-4655 (After-hours emergencies call 619-260-2222.
Students in crisis or with urgent needs can be seen immediately on a walkin basis. All information is confidential. 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 oncampus.
USD Sexual Assault Responder, 619-260-2222 (Public Safety Dispatch).
Specially trained USD staff is available to support students in crisis. Sexual Assault Responder can help students understand and consider reporting options, access support services and identify concerns and necessary accommodations.
Student Health Center (SHC), Camino, 619-260-4595 (After-hours emergencies call 619-260-2222.)
SHC professional staff is available for consultation, assessment, medical treatment, evaluation and prevention of sexually transmitted diseases, as well as consultation for other health concerns.
University Ministry, UC 238, 619-260-4735
University ministers are available to provide support to students in need.
Dean of Students Office, UC 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.
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.
Emergency Rape Crisis Hotline 619-272-1762 (24 hours)
Crime Victims Hotline 619-688-9200 (24 hour)
Center for Community Solutions 24Hour Toll Free Crisis line: 888-272-1767 Email: helpline@ccssd.org
For a complete listing of prevention and education programs, and educational resources please click here.
