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Sexual Misconduct
Trinity University supports the rights of all students to live and study in
an environment free from sexual coercion and violence. Sexual contact with
another person without consent or with the use or threat of force violates the
standards of civility, decency, and respect expected of all members of the
campus community.
The requirements of this policy are blind to the sexual orientation or
preference of individuals engaging in sexual activity or sexually exploitative
behavior.
Any retaliatory action or behavior taken toward an alleged victim as a
consequence of his or her decision to report a violation, pursue conduct
action, or criminal prosecution, is prohibited. Retaliation by either party may
result in immediate judicial action.
I. Prohibited conduct:
1. Non-Consensual Sexual Activity
Non-consensual sexual activity includes, but is not limited to, any sexual
activity* by a group or individual that takes place without the effective
consent of the other individual(s) involved. Effective consent is shown by the
exchange of mutually understandable words or actions between parties to a
sexual interaction. Consent must be informed and freely and actively given.
Silence in and of itself is not an indication of consent.
In order to be effective, consent cannot be procured by use of physical
force, compelling threats, intimidating behavior, or coercion. Coercive
behavior differs from seductive behavior based on the type of pressure someone
uses to get consent from another. When someone makes clear that he or she does
not want sex, that they want to stop, or that they do not want to go past a
certain point of sexual interaction, continued pressure beyond that point can
be coercive. In other words, consent may be withdrawn at any time.
In order to give effective consent, one must be of legal age (17).
Sexual activity with someone a person
knows to be--or should know to be--mentally or physically incapacitated
(because of disability, alcohol or other drug use, sleep, unconsciousness,
blackout, or bodily restraint), is a violation of this policy.
Any time sexual activity takes place between individuals, those individuals
must be capable of controlling their physical actions and be capable of making
rational, reasonable decisions about their sexual behavior. A person who has
consumed alcohol may experience diminished capacity for effective
decision-making and action, and thus may be incapable of consenting to sexual
activity.
Sexual activity with someone whose incapacity results from the ingestion of
a so-called “date-rape” drug is in violation of this policy. Possession, use
and/or distribution of any of these substances, including Rohypnol, Ketamine,
GHB, Burundanga, etc., is prohibited, and administering one of these drugs to
another student for the purpose of inducing incapacity is a violation of this
policy.
Use of alcohol or other drugs will never function to excuse behavior that
violates this policy.
* Sexual activity includes: intentional contact with the breasts, buttocks,
groin, or genitals, or touching another person with any of these body parts, or
making another person touch you or themselves with or on any of these body
parts; intercourse, however slight, meaning vaginal penetration by a penis,
object, tongue, or finger, anal penetration by a penis, object, tongue, or
finger; and oral copulation (mouth to genital contact or genital to mouth
contact).
2. Sexually Exploitative Behavior
Sexually exploitative behavior occurs when a student takes non-consensual or
abusive sexual advantage of another for his or her own advantage or benefit, or
to benefit or advantage anyone other than the one being exploited, and that
behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
- prostituting another student
- non-consensual video/audio-taping or photographing of sexual activity
- unauthorized posting or distribution of materials involving the sexual
activity of another person
- going beyond the boundaries of consent (such as voyeurism or secretly
watching others)
- knowingly transmitting an STD or HIV to another student
II.
Procedures for filing a report or submitting a complaint:
In an emergency, first contact Campus Security at 999-7000 so they may
secure the area, detain suspects, and coordinate the arrival of outside law
enforcement to campus.
Students are encouraged to file a report with the San Antonio Police
Department. (For non-emergency calls: 207-7273; for off-campus emergency calls:
911).
A student who wishes to report an assault (simply a notification of an
assault) or file a complaint against another student through the University
(potentially leading to a University hearing) should notify the Dean of
Students. If a student wishes, he or she may start this process with the Vice
President for Student Affairs. The staff member will explain support options,
investigative steps, and hearing procedures.
Trinity University believes that students should retain the right to move
forward (or not) with a complaint about sexual assault and leaves the decision
to the student.
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III. What to
do after an assault
1. Get to a Safe Place Quickly
If
the perpetrator is still in the area, or his or her
presence on campus is threatening, call Trinity’s
Department of Campus Security (999-7000) or use a blue
light emergency phone. Off campus, call the San Antonio
Police Department (911).
2. Contact Someone Trained to Help
-
24-hour Rape Crisis Hotline (349-RAPE / 1-800 656-4673)
-
Resident Mentor or Resident Assistant (listed on
http://www.trinity.edu/departments/res_life/index.htm
)
-
Counseling Services (999-7411)
-
Health Services (999-8111)
-
Residential Life Office professional staff (999-7219)
-
Dean of Students (999-8843)
-
Department of Campus Security (999-7000)
-
San
Antonio Police Department (911 off-campus)
Contacting these people in an emergency does not
obligate a person to move forward with a complaint.
3. Preserve Physical Evidence
Because evidence of the assault and the perpetrator’s
identity (hair, seminal fluids, bits of skin, etc.) may
be left on the victim’s body, it is important not to
bathe, shower, douche, or even use the toilet if
avoidable. If the victim was assaulted orally, drinking
prior to an exam should be avoided. Victims should not
straighten up the scene of the incident and should take
a change of clothes to the hospital. If the victim must
change clothes, put the items that were worn at the time
of the attack in a paper bag (not plastic) to the
hospital. Having physical evidence collected can
strengthen a case if the victim pursues legal action.
4. Seek Timely Medical Attention
Victims are encouraged to go for a sexual assault exam
as soon as possible because injuries should be treated
promptly and evidence deteriorates quickly. In an
emergency, Trinity’s Department of Campus Security and
the San Antonio Police Department can provide
transportation to the hospital. The Methodist Specialty
and Transplant Hospital (MS&TH), at the corner of
Wurzbach and Floyd Curl Drive, (575-8168) employs
trained Sexual Assault Nurse Examiners to collect
evidence, check for injuries and deal with the
possibility of pregnancy and exposure to sexually
transmitted diseases. Sexual assault victims enter
through the emergency room, but have a separate waiting
area and exam room. A victim may bring a friend to the
hospital for support. A Rape Crisis Center Advocate will
be present to offer emotional support. The MS&TH has a
contract with the San Antonio Police Department to
provide exams that collect evidence for victims age 16
and over. If not previously contacted, a police officer
will take an initial report, and evidence will be
preserved. Patients are billed directly for Rape Crisis
Center services. If victims later decide to pursue a
criminal complaint through the District Attorney, they
may apply for compensation of exam fees. If a victim
does not want evidence collected, the emergency room
provides an exam. If the assault occurred weeks or
months before, medical attention is still important.
Health Services can provide referrals for physical
exams, pregnancy tests, and testing for sexually
transmitted diseases and HIV.
5. Funding for initial exam and testing
Law
enforcement will pay for all suspect and survivor
forensic evidence kits, regardless of whether a person
chooses to press charges. (The prices are $225 for
survivor kits and $100 for suspect kits.) Medical
treatment (e.g., lab work, antibiotics, emergency
pregnancy prophylaxis, and treatment for cuts) is billed
to the student's insurance. If the student does not want
the bill to go to a certain address, he or she needs to
speak up right away at registration, and may need to
contact his or her insurance to ensure that the bill
goes to an alternate address. If a student has no
insurance, he or she can submit an application to the
Texas Crime Victims Compensation Fund to have expenses
related to the assault paid by the state. Applications
and more specific information about the submission
process can be found at
http://www.oag.state.tx.us/victims/cvc.shtml#benefits.
Cooperation with law enforcement is a criterion for
eligibility under this fund. In most cases, law
enforcement will encourage the person to press charges.
Students can coordinate with the Rape Crisis Center in
order to help get their medical bills paid under this
fund. Students should not throw away their
medical bills, because at times the request for payment
is denied. If it is documented in the police report
that the survivor was under the influence of alcohol at
the time of the assault, s/he may be ineligible for
payment under this fund. If all other avenues for
payment of medical bills have been exhausted, Trinity
University may pay the unpaid balance for initial exams,
testing, and medication.
6. Get Emotional Support
The
support of a close friend or family member can help with
the immediate and long-term consequences of a sexual
assault. University counselors and Rape Crisis Center
Advocates are available.
7. Ask Questions
Victims have the right to ask questions throughout the
process and decide what is best for them. Victims are
encouraged to use both on- and off-campus resources to
help understand available options.
8. Make a Report to Campus Officials
Victims should notify Trinity’s Department of Campus
Security (in emergencies, 999-7000; for routine calls,
999-7070) and/or the Dean of Students Office of any
sexual assault. If the victim or perpetrator is a
resident student, make the report to a professional
Residential Life staff member (Dean/Director, Associate
Director, Assistant Director, or Residential Life
Coordinator). The Department of Campus Security and
Residential Life personnel notify the Dean of Students
of any assault involving students. University staff
members make every effort to handle reports of sexual
assault discreetly.
9. Make a Report to the Police
Victims are encouraged to file a report with the San
Antonio Police Department. (For non-emergency calls:
207-7273). Trinity’s Department of Campus Security can
explain criminal complaint procedures and assist victims
in beginning this process.
10. Consider Civil Litigation
Victims may also pursue civil litigation against their
perpetrator(s) to collect actual and punitive damages.
Contact an attorney if interested in this possibility.
The Rape Crisis Center offers accompaniment through
legal procedures.
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IV. Support for Students
See the “Services” portion of the Student Handbook to learn more about
available helping professionals.
A student who files a report, as well as
witnesses, and any students present immediately before, during, or in the
aftermath of an alleged assault will not be referred for disciplinary action
for unrelated violations (such as alcohol, parties, drugs, etc.)
After reporting alleged sexual assault or
misconduct to University officials, a student may request the following:
- Change of an on-campus student’s housing to a different on-campus
location;
- Transferring class sections when available;
- Assistance in exploring alternative housing, incompletes, leave, or
withdrawal.
The Student Affairs staff will make available a
staff member to serve as an informal support person for both an alleged victim
and an accused student to help each party navigate through the student conduct
process.
If all other avenues for payment of medical bills for initial exam and
testing have been exhausted, Trinity University may pay the unpaid balance for
initial exams, testing, and medication (see detailed explanation on the sexual
assault web page).
V. Investigative and Hearing Procedures
The Dean of Students will meet with a student considering submitting a
complaint, will outline the process for filing a complaint, and explain
University procedures.
A written report is required for a case to be referred for action.
Upon receipt of a report, and a desire by the student to move forward with a
hearing, the Dean of Students will contact the accused party. This is done to
explain the procedures to this student and to outline the basis for the
complaint. Accused students have the right to see the report that alleges a
violation.
As a matter of process, both parties in a case are issued administrative
orders to have no contact with one another. This allows the matter to proceed
without any possible harassment or miscommunication between parties.
The Joint Statement describes University procedures for hearings, which are
confidential. The University Conduct Board receives written complaints and
schedules and conducts hearings related to sexual misconduct. The Dean of
Students facilitates the hearing but is not a voting member of the Board. Two
faculty members and a representative from the Student Conduct Board are the
decision-making members of the Board. The Board hears statements from both
parties, asks questions, and then makes a decision based upon the greater weight
of the credible evidence. The Board receives training in conducting hearings
specifically related to sexual assault allegations.
The accused student has the right to
question his or her accuser through questions posed to the Conduct Board. This
right will not be denied. However, the complainant may request that
accommodations be made to have separate rooms or a room partition for each
party, or may request an alternative reasonable arrangement in order to
minimize potential trauma or stress.
The accuser and the accused party are each entitled to the same
opportunities to have a support person (often a parent, friend, counselor,
attorney, or faculty/staff member) present during a campus disciplinary
proceeding. (This person can be in addition to the informal Student Affairs
support person.)
Pertinent expert, psychological, and medical witnesses, and other evidence
may be introduced into hearings, but the Board will reserve the right to
determine if such evidence is credible on its face or could potentially be
subject to rebuttal in the opinion of the Board, and thus, of questionable
value.
While each case is different, the University Conduct Board will generally
ask questions primarily related to the following areas: force, consent, and
whether or not (or how) alcohol or drugs played a role in the alleged incident.
Both parties shall be informed of the outcome and sanction of any campus
disciplinary proceeding alleging sexual assault.
Any party in a hearing may appeal the decision to the Conduct Review Board.
A student who moves forward with a complaint of sexual misconduct may review
the full text of the case summary from the Board because:
Trinity University treats the summary as part of the student’s record, and;
The student is afforded the opportunity to submit an appeal and should have
access to the reasoning of the decision as expressed in the summary.
VI. Sanctions
The University conduct process is founded on educational ideals that reflect
the University’s academic mission. As much as possible, the University is
committed to educating students to be aware of policy, to respect others, and
to be accountable for their actions. Sanctions can range from warning to
permanent separation from the University. The Conduct Board attempts to look at
each situation independently and consider all variables in assigning a fair and
reasonable sanction.
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