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PM 96-01 Policy on Sexual Assault

PM 96-01

(superseded: 09-06) 

5/29/96

President Robert C. Detweiler

 


Policy on Sexual Assault


 

 

I.  Objectives

           

California State University, Dominguez Hills strives to provide an optimal environment for growth and learning.  The campus community has a right to pursue these goals in an atmosphere conducive to personal safety.  All forms of sexual assault are acts of aggression or violence against individuals.  A sexual assault perpetrated on campus or in a campus-affiliated location will be investigated for possible disciplinary actions and/or criminal prosecution.

 

II. Definition of Sexual Assault

 

Any involuntary sexual act in which a person is threatened, coerced or forced to comply against her/his will.  Such acts include, but are not limited to rape (including “acquaintance rape”), forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.

 

III. Procedures for Notification of a Sexual Assault

 

All incidents of sexual assault should be reported to the Department of Public Safety (University Police), either directly by the victim or with the consent of the victim.  The Department of Public Safety will notify the Vice President for Student Affairs of all sexual assault reports, and will also notify other departments on campus, as appropriate, on a need-to-know basis.  Protection of the identity of the victim will be of the highest priority in making such notifications.

 

If the victim reports a sexual assault to someone on campus other than the Department of Public Safety, that person should encourage the victim to contact that department.  If the victim cannot be persuaded to report the incident to the police, she/he should be referred to the Health Center, the Counseling Center, the Women’s Center or the Vice President for Student Affairs for assistance and support.

 

IV. Responsibilities of the Department of Public Safety

 

                    1.      All reports of sexual assault will be thoroughly investigated by the

                            university police.  Arrests will be made when appropriate.  If indicated,

                            results of investigations will be submitted to the District Attorney’s

                            office for evaluation for criminal prosecution.

                    2.      University police will inform victims of their legal rights and options,

                            including criminal prosecution, civil prosecution, Victim’s Assistance aid,

                            the disciplinary process through the university, and the availability of

                            mediation.

                    3.      University police will apprise victims of resources available to them on

                            campus, including health and counseling services.  They will also advise

                            the victim of the availability of sexual assault assistance programs off

                            campus.

                    4.      If necessary or indicated, an officer will transport the victim to an

                            appropriate emergency medical facility for treatment and/or evidence

                            collection.  Officers will inform the victim of the right to have a

                            friend/family member accompany them to the hospital.  When possible,

                            a same-sex officer will be assigned to interview the victim and provide

                            transport to the medical facility.

                    5.     The Department of Public Safety will notify the campus community of

                            all incidents of rape, and of all other incidents of sexual assault as

                            appropriate.  Notification shall occur as soon as possible by way of a

                            written “Crime Alert Bulletin” and shall be widely disseminated.  Only

                            those details of the assault which are essential to the health and

                            safety of the campus community shall be released.  Public Safety will

                            also notify parents or relatives of the victim as appropriate and with

                            the consent of the victim.

 

Responses to the media regarding any incident of sexual assault will be handled by the office of University Relations.  The name of the victim will not be disclosed in any notification, either to the campus community or to the media.

 

V.  Legal Reporting Requirements

 

      University police are responsible for the following reporting requirements:

 

                1.      When victims are under 18 years of age, a Department of Justice form

                        SS8583 must be submitted to the California Department of Justice in

                        Sacramento.

                2.      Statistics on sexual assaults must be made available to those who

                        inquire about the occurrence on campus.

                3.      Sexual assault could require completion of domestic violence-related

                        calls for assistance – form BCS 715 under Penal Code Section 13730

                        (a) or Section P.C. 13700 (a).

                4.      Monthly statistics will be submitted routinely to the Department of

                        Justice.

                5.      The university police Investigator has responsibility for maintaining and

                        submitting all required legal reporting.

 

The campus has designated the Vice President for Student Affairs as the person responsible for collecting data on incidents of sexual assault on campus and at campus-related events.  The Vice President will also be responsible for insuring that information on incidents of sexual assault is reported through the President to the CSU Chancellor’s Office as required by AAES 87-07.

 

VI. Procedures and Guidelines for Campus Disciplinary Action

 

  1. Student Disciplinary Cases

 

The procedures utilized in cases involving sexual assault are governed by existing disciplinary policies set forth in California State University, Executive Order No. 148.  In cases where the accused is a student or student organization, the report should be made to the Vice President for Student Affairs, who will initiate appropriate action for investigating the complaint.  The disciplinary process requires that both the victim and alleged assailant will be informed of their legal rights.

 

    1. Victims of a sexual assault are entitled to information regarding the status of their case and its resolution.  Such information should be provided to the victim by the Vice President for Student Affairs or his/her designee, or the appointed Campus Discipline Coordinator.

    2. Victims will be informed of the need to identify both victim and the assailant in the investigation and hearing of either a student discipline case or a criminal prosecution.

    3. All current policies regarding confidentiality and students’ records will be followed in accordance with Federal and State laws and CSU policies.

    4. All reports and recommendations from a student disciplinary case will be forwarded to the Vice President for Student Affairs for final disposition.  The severity and number of sanctions applied in cases of sexual assault will depend on the nature of the case and the degree of complicity.  Any of the following are possible sanctions for students found guilty of such charges:

 

                            a.  Expulsion

                            b.  Suspension for a specific time

                            c.  Barring of access to the campus

                            d.  Disciplinary probation for a specific time

 

  1. Employee Discipline Cases

 

In cases in which the accused is an employee of the university, the report should be made to the Executive Vice President for Administration*, who will initiate appropriate action for investigating the complaint.  Both the victim and the alleged assailant will be informed of their legal rights.  All reports and recommendations resulting from such an investigation will be forwarded to the President for final disposition.  Possible sanctions for an employee found guilty of such charges include, but are not limited to:

 

                            a.  Termination

                            b.  Suspension for a specific time

                            c.  Formal reprimand

 

VII. Resources and Services

 

Any student, faculty or staff member of the university who is or has been the victim of a sexual assault on campus or at a campus-sponsored event is entitled to receive support services available on campus.

 

Counseling services are provided through either Health Programs and Psychological Counseling or Student Development.  Staff who have been trained in working with victims of sexual assault and other violent crime are available in each unit.

 

*Current title is Vice President for Administration and Finance.

Victims of sexual assault can receive first aid and urgent care in the Student Health Center.  Individuals needing a full medical evaluation, including evidence collection, will be referred and transported to a local emergency care facility or hospital equipped to provide those services.  The Student Health Center will also provide follow-up care to sexual assault victims, including STD and pregnancy testing, referrals for HIV testing, or addressing other health concerns that may be indicated subsequent to the assault.

 

Other offices on campus will as a matter of policy provide additional support services to students, including alternative housing assignments and academic assistance alternatives.  The Vice President for Student Affairs will insure that victims of sexual assault receive the necessary support services.

 

VIII. Prevention

 

The university believes it is important to offer preventive as well as ameliorative programming to deal with issues of sexual assault.  A number of offices have been providing such services and will continue to do so as a matter of policy.  Public Safety, Health Programs and Psychological Counseling, Student Development, Student Programs, Housing and the Women’s Center have been involved independently and jointly in providing workshops and seminars on crime prevention, rape prevention and “acquaintance rape” awareness.  A brochure we developed entitled “About Rape” has been widely disseminated on campus for several years.  It includes information about on and off-campus resources available to students.  The university will continue to seek additional activities which address increased awareness and prevention of incidents of sexual assault.

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The statements found on the Presidential Memorandum Web page are for informational purposes only. While every effort is made to ensure that this information is up to date and accurate, official information can be found in the University Library.
Last updated 07/29/2008, by Ruby Martinez.