EXPECTATIONS OF STUDENTS

Trinity University strives to preserve the rights and dignity of individuals and to create an environment in which civility, decency, and respect are honored. Students are expected to take responsibility for their actions and show respect for self, others, the University community, and property.

In this community of scholars, respect and acceptance of differing points of view is fundamental to creating the quality of life that encourages growth and development. The diversity of this community places upon all its citizens an obligation to respect the perspectives of others who are different from themselves. These differences include, but are not limited to, gender, ethnicity, politics, religion, sexual orientation, geography, and class.

Matriculation at Trinity University implies understanding and support by the student of University standards. Failure to observe these standards and other regulations will subject the student to University action through established procedures for the administration of student conduct standards.

APPLICATION OF STUDENT STANDARDS

The following policies and the consequences of their violation are applicable to the conduct of a student on campus, at University-sponsored events, or at any other location or time when the conduct (1) has an adverse impact on the reputation of the University, (2) negatively affects the safety or welfare of University students, employees, or neighbors, or (3) interferes with or obstructs the mission or operations of the University.

Violations of local, state, or federal law are not condoned by the University, and alleged violators may be referred to the judicial process without regard to whether civil officials have also acted in the case. Likewise, some of the offenses described below are violations of local, state, or federal laws and may be prosecuted independent of any disciplinary action taken by Trinity University. Status as a student does not exempt one from either the rights or responsibilities of citizens.

In addition to the policies that appear in this Student Handbook, students are expected to abide by additional policies that exist to further the orderly functioning of the University’s departments and their resources. Such additional policies relate to and include, but are not limited to, academics, library operations, copyright, information technology/computing, parking, traffic control, intercollegiate athletics, intramural sports, campus publications, dining facilities, and residential life, including the “Board and Residential Agreement.” These policies may be found in departmental web pages or publications.

While it is not possible to list all behavior inconsistent with membership in a scholarly community, the regulations listed in this section identify the type of behavior which can lead to separation from the University. Violations of these policies will subject the organization and/or individuals involved to appropriate discipline.

MAJOR UNIVERSITY POLICIES RELATED TO STUDENT CONDUCT

In order to create a University environment in which civility, decency, and respect are honored, Trinity University has set the following standards of behavior.

I. Respect for Self, Others, and the Community

A. Students are expected to respect themselves by avoiding conduct that is potentially dangerous and detrimental to their physical, psychological, or emotional well-being.

B. Students are expected to respect the standards that form the foundation of a civil community through personal integrity. Examples of unacceptable behavior include, but are not limited to, theft, possession of stolen or illegal property, lying, cheating, falsification of records, failure to identify one’s self, evasion of University officials, failure to respond to a reasonable request of a University official, indecency, possession or use of a weapon, and unauthorized entry into buildings.

C. Students are expected to respect others, including those in the greater community. Examples of unacceptable behavior include, but are not limited to, the following: violence, threats of violence, disruption, harassment or belittling of staff performing their duties, disorderly conduct, stalking, dangerous conduct (such as tampering with safety and security related property), and threatening, belligerent, or menacing behavior toward others.

II. Respect for Property
Students are expected to respect the property of others, including University and student property. Examples of unacceptable behavior include, but are not limited to, vandalism, defacement, and destruction of property.

III. Personal Responsibility
Students are expected to be responsible for their own behavior and assume responsibility for the behavior of guests, if those guests are otherwise unconnected to the University or are unidentified. Student hosts assume responsibility for sponsoring activities or gatherings in violation of policy.

CONDUCT SANCTIONS

Sanctions may include expulsion or any lesser appropriate sanction as described below. In addition to expulsion, suspension, and probation, the University uses a number of other judicial sanctions where appropriate. These sanctions include official reprimand, fines, community service, and barring from residence halls. These sanctions may be used in any combination and/or with probation.

Any student on disciplinary probation can be expelled or suspended if, while on probation, he/she commits the same offense or another offense warranting probation or a more serious disciplinary action.

Expulsion is removal from the University permanently or with no expectation of being permitted to reenter. While a student may receive lesser sanctions for these offenses, expulsion from the University is possible in those cases warranting the maximum punishment. In addition to disciplinary expulsion from the University, students should understand that expulsion may occur for academic reasons if they fail to meet required academic standards. Moreover, any student who does not make satisfactory arrangements for financial obligations to the University will not be permitted to continue at the University.

Suspension is removal from the University for a defined period of time such as one semester, one academic year, one calendar year, etc. or pending the occurrence of some condition. While suspension is viewed as a lesser penalty than expulsion, in that a student knows that he/she will be permitted to apply for readmission after the determined period, suspension is, nevertheless, a barring of the student from the University. In cases in which a student has been suspended from the University, he/she may be permitted to complete the current semester but be denied readmission until after the defined period of suspension.

General probation - A person placed on general probation can be expelled from the University for committing any other offense during probation, which would have been subject to probation as a sanction.

Limited probation - A person placed on limited probation is given a special warning status in regard to a particular University rule. For example, a student on limited probation for “disorderly conduct” could be expelled, suspended, or placed on general probation if that offense is committed again during the probationary period.

ORDERS

Administrative Order - An Administrative Order is used to require or prohibit specific behaviors for a specified period of time and is issued from a University administrator (president, vice president, dean or director). Compared to Official Orders, Administrative Orders are used to address situations of less urgency than Official Orders and are longer term in nature. Examples of Administrative Orders include: Barring a student from athletic events or a residence hall as a result of misbehavior or requiring one student to stay away from another in order to avoid conflict. Appeals to any Administrative Order can be made in writing to the appropriate vice president within ten days of the order. A vice president’s order or appellate decision can be appealed in writing within five days of receipt of the decision to the president of the University.

Official Order - An Official Order is an emergency directive from a University official. Official Orders are primarily used in response to situations of great urgency. Official Orders require immediate and unquestioning compliance. They remain in effect only as long as the situation that prompted their issuance. Official Orders include, but are not limited to, an order to identify oneself by display of a University ID or an order to evacuate a building in case of a fire and not reenter it until official permission has been given. University officials authorized to issue Official Orders include faculty, staff, resident assistants, and Safety and Security personnel when in performance of their official responsibilities. Challenges to the reasonableness of an Official Order should be made in writing to the vice president for Student Affairs within five class days from the date the order is issued, but not at the time the Official Order is given.

Failure to comply with administrative or official orders may result in referral for judicial action.

ALCOHOL

I. INTRODUCTION

            A.Trinity University values the freedom of those who live and work here to make our own choices, and it values the education that equips us to exercise that freedom responsibly. Choices regarding alcohol, in particular, are a matter of individual and community interest because poor decisions can negatively impact our personal health and our public environment. Trinity respects the choices of those who consume alcohol within reasonable, legal bounds and those who avoid it altogether. However, because the consumption of alcohol can impair an individual’s judgment and lead to devastating damage and loss, this policy aims to limit those negative consequences. It calls us to be mutually accountable for sustaining a positive, livable, learning environment on our campus. Finally, this policy intentionally promotes awareness regarding the physical, emotional, mental, and legal ramifications of alcohol misuse because educated freedom relies not only on rules but, most importantly, on informed thinking.

The Trinity Alcohol Coalition of students, staff, and faculty has developed the following three tenets related to alcohol: Trinity University acknowledges that students will drink; cares deeply about the health and safety of students; and will enforce policies related to alcohol use, possession, and consumption.

II. STATE AND UNIVERSITY STANDARDS

A.        Summary of Texas state law regarding alcohol

1.         Minors and alcohol

a)         The legal drinking age is 21, and it is illegal for a minor to possess, purchase, attempt to purchase, or consume alcohol. A first offense results in an alcohol awareness course, community service, a 30-day suspension of driver’s license, and up to a $500 fine. Repeat offenses may result in automatic suspension of driver’s license and up to a $2000 fine and 180 days in jail. All penalties are assigned at the discretion of a judge.

b)         Possession of false identification results in up to a $200 fine.

c)         Making alcohol available to a minor results in up to a $4000 fine and/or one year in jail.

d)         A parent must appear in court for any alcohol charges filed against a minor under 21 years of age.

2.         Driving while intoxicated

a)         For anyone under 21, it is illegal to drive with any detectable Blood Alcohol Concentration (BAC). A first offense results in up to a $500 fine, 40 community service hours, alcohol awareness course, and 60-day suspension of driver’s license. All penalties are assigned at the discretion of a judge.

b)         The legal limit for intoxication is .08 BAC. However, drivers may be cited for impaired driving due to alcohol regardless of BAC. Refusal to take a blood or breath test to measure BAC can result in a 180-day driver’s license suspension.

c)         A first offense results in up to a $2000 fine, 180 days in jail and driver’s license suspension up to one year. Repeat offenses may result in up to a $10,000 fine, 10 years in penitentiary, and two years of driver’s license suspension.

B.         General University policies related to alcohol

1.         On campus, only beer and wine are permitted, and only in designated residential areas by those of legal age. Beer and wine may be served in the Tigers’ Den to any students, faculty, staff, and their guests of legal age. “Hard” alcohol is prohibited regardless of the age of the student.

2.         Persons or organizations that furnish alcoholic beverages to underage students or visitors will be subject to Trinity adjudicative action and/or criminal prosecution for violation of state laws.

3.         Any act that causes others to involuntarily or unknowingly consume alcohol is prohibited.

4.         Public intoxication is prohibited.

5.         Students who contact University officials or other helping professionals out of concern for their own or another student’s health and safety will not be considered for alcohol policy violations for that specific incident. (Note that when hazing may have occurred, state law requires that such incidents be reported).

6.         The Board of Campus Publications will have the authority to determine policy regarding alcohol advertising in the Trinitonian.

7.         Parents/guardians or spouses of students may not serve alcohol to underage students on campus or at official Trinity University events off campus.

C. Regulations on alcohol use within the residence halls

1.         To respect legal use: All students 21 years or older and their guests of legal age may only possess and consume beer and wine in any upperclass residence hall room where at least one of the assigned residents of the room is present and is of legal age. “Hard” alcohol is prohibited, regardless of the age of the student.

2.         To respect those who are under the legal drinking age and/or choose not to consume alcohol:

a)         No open containers of alcohol may be possessed or consumed in the following locations: balconies, corridors, public areas, and designated substance-free floors.

b)         The possession or consumption of alcohol and the possession of alcohol containers (including kegs) are prohibited in all first year halls and all upperclass rooms where neither resident is of legal age. The possession of alcohol by those under legal age in any public area is prohibited.

c)         Since “hard” alcohol is prohibited, empty “hard” alcohol containers, decorative or otherwise, are likewise prohibited in any residence hall location, regardless of the age of the student.

3.         To expect responsibility among those who choose to consume alcoholic beverages:

a)         No alcohol in the residence halls may be provided from common source containers, including but not limited to kegs.

b)         Students who consume alcohol are accountable to University conduct policies, including but not limited to respect for self, others, the community, property, and personal responsibility.

4.         To promote mutual accountability for all students to abide by Texas law and University policy, those who are present where there is an alcohol violation may be found responsible for violation of University policy.

D.        Regulations for University-authorized use of alcohol

1.         On-campus events

a)         Trinity University organizations or groups (including departments, offices, and student organizations) may permit alcoholic beverages for those of legal age, even with underage persons present. Student organizations must apply to the director of Campus and Community Involvement or designee for permission to hold an off-campus event at which alcoholic beverages are served to those of legal age, even with underage persons present.

b)         Groups meeting on the campus whose constituency is entirely 21 years of age or above may appeal to the associate vice president for Fiscal Affairs for permission to serve wine and/or beer at scheduled social events in on-campus locations other than the Tigers’ Den only if that event has been scheduled following established procedures.

c)         Groups and individuals are not permitted to serve any alcoholic beverages on the University campus unless the event is being catered by Aramark and permission to serve beer or wine has been received from the associate vice president for Fiscal Affairs.

d)         Except for the Tigers’ Den or other authorized locations, there will be no place on the Trinity University campus where alcoholic beverages are sold.

2.         Off-campus events

a)         Students (or members acting on behalf of chartered, sponsored, or registered organizations or other formal or informal groups) sponsoring any events or activities off campus and not in compliance with University alcohol policies do so of their own volition and at their own personal risk and liability. Trinity University assumes no responsibility or liability for such activities. Students who attend these events are still subject to all Trinity University policies governing student conduct.

b)         Trinity student organizations and groups must apply to the director of Campus and Community Involvement or designee for permission to hold an off-campus event at which alcoholic beverages are served to those of legal age, even with underage persons present.

c)         All off-campus student organization sponsored events should be held in accordance with Third Party Vendor or BYOB guidelines found in the Student Organization Handbook.

d)  When students are participating in University-related outings (for example, retreats, outdoor recreation activities, field trips, music trips, conferences, and athletic trips) only those students 21 years or older – who have the express, prior approval of their University sponsor – may purchase, possess, be served, or consume alcohol, and only at dining establishments that have a permanent license to sell alcoholic beverages. During such an outing, under no circumstances is alcohol allowed in vehicles, lodging, campsites, or other locations. While on University business, Trinity students are prohibited from driving after consuming any alcohol. (These allowances do not apply to student organizations.)

3.         Off campus with University employees

a)         Students who are under 21 years of age may be present at informal events or times where alcohol is being served so long as the policies of the establishment or the wishes of the hosting employee permit such students to be present; however, only those students who are 21 or older may purchase, possess, or be served alcohol. Any alcohol consumption is always subject to the approval and discretion of the event sponsor or host.

b)         In instances where Trinity University directly sponsors a program abroad, led by a Trinity faculty or staff member, events hosted by the Trinity program are governed by this policy just as if the event had been hosted on campus, even if the laws of the particular jurisdiction allow for a younger drinking age.

4.         Other University-related events and situations

a)         Trinity University departments may host events where alcohol is served if approved in advance by the associate vice president for Fiscal Affairs. When alcohol is being served by a person other than a hosting faculty or staff member, it must be at an establishment that possesses a permanent license to sell alcohol. Student organizations may host events where alcohol is served if events are held in accordance with organizational Third Party Vendor or BYOB guidelines and approved in advance by the director of Campus & Community Involvement.

b)         Students who are under 21 years of age may attend events sponsored by the Alumni Office on or off campus, but may not consume alcohol. Students who are 21 years of age or older may consume alcohol at these events at the discretion of the Alumni Office.

c)         Only students who are 21 years of age or older may possess or consume alcohol at employment-related recruiting events or during the employment search process whether on or off campus. Because job candidates are always being evaluated by potential employers, Career Services advises students to avoid alcohol use during interactions with potential employers.

III. ENFORCEMENT, EDUCATION, AND SERVICES

A.        University enforcement of the alcohol policy

1.         Students are personally responsible for complying with state and local laws and the University Alcohol Policy. Trinity University respects students’ privacy and autonomy, assumes that they will behave legally and responsibly, and will not closely monitor the activities of individual students or members of student organizations.

2.         Resident assistants/resident mentors and the Department of Campus Safety will respond to any observed alcohol policy violations and submit incident reports to the dean of students office and/or Student Conduct Board.

3.         Alcohol policy violations will be handled through normal campus conduct procedures as described in the Trinity University “Joint Statement on Rights and Freedoms of Students.” Sanctions may range from no action up to expulsion.

4.         On an annual basis, the Trinity Alcohol Coalition will review the range of sanctions for alcohol policy violations.

DRUGS

Trinity University prohibits the use, possession, manufacture, sale, or distribution by its students of any illegal drug (or drugs) in any amount or paraphernalia (including "hookahs"), regardless of location. Similarly, any act that results in another person involuntarily or unknowingly consuming any illegal drug (or drugs) is prohibited. The University offers counseling and referrals for treatment of drug abuse. These services are offered by Counseling Services on a confidential basis to members of the University community who seek such assistance.

HAZING

I. INTRODUCTION

Trinity University is concerned about the emotional, psychological, and physical health and well-being of its students. Any form of hazing is unacceptable and is in direct conflict with institutional values related to the rights and dignity of students, all of whom have the right to belong to groups without risk of danger or humiliation. Consent to hazing is never a defense to a violation of this policy.

New members of groups and teams can expect to participate in educational and fun activities that build teamwork and camaraderie among all members of the group. Such activities are intended to create a sense of identity and commitment within a group and are generally acceptable and encouraged. Students should check with Campus & Community Involvement staff, advisors, sponsors, and coaches if there is any question about an activity constituting hazing.

II. HAZING CULTURE

There are two primary conditions that create a hazing dynamic.

1.    New members often wish to be accepted, either formally or informally, into any group, and will submit to hazing in order to be included. Because of this, consent to be hazed does not excuse hazing. Students have died or been seriously injured as a result of participating in activities to which they have “consented.” The psychological pull to be accepted is so strong that hazing victims cannot be expected to resist hazing, even if the hazing is presented as optional. That this pull can be so coercive should make this need to prohibit this conduct, to any degree, undeniably clear.

2.    Any activity that places new members in a subservient position to experienced members creates an unhealthy and unsafe power dynamic in which control has been yielded to the experienced member. New members in any organization may expect to be trained, oriented, or indoctrinated, but membership in any group that puts a new member in a lesser role, unrelated to the original conditions for membership or mission of the group, is inappropriate and unfair to the new members. Any activities of membership should be equally shared among experienced and new members.

III. DEFINITION AND PROHIBITED CONDUCT

The University prohibits hazing by individuals or groups and defines it as follows:
Hazing is any reckless or intentional act, occurring on or off campus, that produces physical, mental, or emotional pain, discomfort, humiliation, embarrassment, or ridicule directed toward other students or groups (regardless of their willingness to participate), that is required or expected of new members and which is not related to the mission of the team, group, or organization. This includes any activity, whether it is presented as optional or required, that places a new member in a position of servitude as a condition of membership. Prohibited acts of hazing include those covered under Texas State law.

Though it would be impossible to list all behavior that could be deemed to be hazing, the following are some typical examples of hazing and are prohibited:

1.    any physical act of violence expected of, or inflicted upon, another

2.    any physical activity expected of, or inflicted upon, another, including calisthenics

3.    pressure or coercion of another to consume any legal or illegal substance

4.    making available unlawful substances

5.    excessive fatigue or sleep deprivation as a result of any activities

6.    forced exposure to the weather

7.    kidnapping, forced road trips, and abandonment

8.    required carrying of or possessing of a specific item or items

9.    servitude (expecting a new member to do the tasks of an experienced member)

10.   costuming and alteration of appearance

11.   line-ups and berating

12.   coerced lewd conduct

13.   degrading games, activities or public stunts

14.    interference with academic pursuits

15.   violation of University policy

16.   assignment of illegal and unlawful activities

Alleged violations of this policy will result in campus judicial action and may be subject to criminal prosecution. Any retaliation against any person who reports, is a witness to, or is involved with or cooperates with the adjudication of hazing is strictly prohibited.

IV. SUMMARY OF TEXAS STATE LAW REGARDING HAZING
Texas State Law on Hazing

Students should be acquainted with the law on hazing. The following excerpts are from the law that makes hazing at or in connection with an educational institution a crime.
Hazing includes but is not limited to:
         1. any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;
         2. any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk or harm or that adversely affects the mental or physical health or safety of the student;
         3. any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects the student to an unreasonable risk of harm or which adversely effects the mental or physical health or safety of the student;
         4. any activity that intimidates or threatens the student with ostracism that subjects the student to extreme mental stress, shame, or humiliation, or that adversely effects the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subsection;
         5. any activity that induces, causes, or requires the student to perform a duty or task which involves a violation of the Penal Code. Sec. 4.52.

A person commits an offense if the person:
         1. engages in hazing;
         2. solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing;
         3. intentionally, knowingly, or recklessly permits hazing to occur; or
         4. has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report said knowledge in writing to the Dean of Students or other appropriate officials of the institution.

An organization commits an offense if the organization
Condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.
 
Consent Not a Defense
It is not a defense to prosecution for the offense under this subchapter that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.

Immunity from Prosecution Available
In the prosecution of an offense under this subchapter, the court may grant immunity from prosecution for the offense to each person who is subpoenaed to testify for the prosecution and does testify for the prosecution. Any person reporting a specific hazing incident involving a student in an educational institution to the Dean of Students or other appropriate official of the institution is immune from liability, civil, or criminal, that might otherwise be incurred or imposed as a result of the report. Immunity extends to participation in any judicial proceeding resulting from the report. A person reporting in bad faith or with malice is not protected by this section.

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.

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.

IV. SUPPORT FOR STUDENTS

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:

1. Change of an on-campus student’s housing to a different on-campus location;
2. Transferring class sections when available;
3. 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 HEARING AND 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.

WEAPONS

The unauthorized carrying or possession of any type of weapon or firearm on the premises of Trinity University is strictly prohibited. This prohibition expressly includes those persons licensed to carry concealed firearms. For purposes of this policy, the premises of Trinity University are defined as any property, building, or portion of a building or property that Trinity owns or occupies, whether on a temporary or permanent basis, and any off-site premises where Trinity is conducting any activity sponsored by Trinity. This includes all parking lots, parking areas, sidewalks and walkways, and all Trinity vehicles and equipment.