Colorado State University Pueblo Sexual Misconduct Policy I. Policy Statement Colorado State University Pueblo has zero tolerance for sexual misconduct. All members of the University community, and their guests, have the right to be free from unwanted sexual contact, coercion, abuse, violence, threats of violence, and harassment. Students are expected to conduct themselves in a manner that does not infringe upon the rights of others. When an allegation of sexual misconduct is brought forward, the University has a duty to investigate the matter and take appropriate action. Anyone found to have committed sexual misconduct will face immediate and appropriate disciplinary action, up to and including expulsion from the University. This Sexual Misconduct Policy affirms these principles and provides recourse for those individuals whose rights have been violated. II. Forms of Sexual Misconduct Sexual misconduct includes any behavior of a sexual nature that infringes upon the rights of any individual to pursue their educational goals in an environment free from violence, intimidation, and/or harassment. This includes but is not limited to, sexual assault, rape, other forms of non- consensual sexual contact, sexual harassment, and sexual exploitation. A. Non- Consensual Sexual Intercourse Non- consensual sexual intercourse is defined as vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, or oral copulation (mouth to genital contact or genital to mouth contact), however slight, with any object, by any person upon any other person, without consent. B. Non- Consensual Sexual Activity Non- consensual sexual activity is defined as intentional contact with the breasts, buttock, groin, or genitals, or touching someone else with any of these body parts, or making another touch themselves or someone else with or on any of these body parts, or any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice, however slight, with any object, by any person upon any other person, without consent. 1
C. Sexual Harassment University policy prohibits quid pro quo and hostile environment sexual harassment, as defined in the University s Sexual Harassment Policy. 1) Quid Pro Quo Sexual Harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature by one in a position of power or influence constitutes quid pro quo sexual harassment when (1) submission by an individual is made either an explicit or implicit term or condition of academic standing or of employment or (2) submission to or rejection of such conduct is used as the basis for academic or employment decisions affecting that student or employee. As defined here, quid pro quo sexual harassment normally arises in the context of an authority relationship. This relationship may be direct, as in the case of a supervisor and subordinate teacher or student, or it may be indirect when the harasser has the power to influence others who have authority over the victim. 2) Hostile Environment Sexual Harassment. Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature constitute hostile environment sexual harassment when such conduct is directed toward an individual because of her or his gender, is severe or pervasive, and has the purpose or effect of (1) creating an intimidating, hostile, or offensive academic or work environment or (2) unreasonably interfering with another s academic performance or work. Generally, a single inappropriate joke, offensive epithet, or request for a date does not constitute hostile environment sexual harassment; however, being subjected to such jokes, epithets, or requests repeatedly may constitute hostile environment sexual harassment. In determining whether the alleged sexual harassing conduct warrants corrective action, all relevant circumstances, including the context in which the conduct occurred, will be considered. Facts will be determined on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual. D. Sexual Exploitation Sexual exploitation occurs when a student takes non- consensual or abusive sexual advantage of another for his/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 viewing of sexual activity, including but not limited to, hiding in a closet, making a photographic, video, or audio recording, and/or peering into an area where there is a reasonable expectation of privacy. Knowingly transmitting an STI or HIV to another student. 2
III. Consent Defined In order for individuals to engage in sexual activity of any type with each other, there must be clear consent. Consent is informed, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity. Sexual activity with someone mentally or physically incapacitated, whether resulting from alcohol and/or other drug use, the taking of a so- called date- rape drug, unconsciousness, involuntary physical restraint, or mental disability, is a violation of this policy. Incapacitation is a state where one cannot make a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why or how of their sexual interaction. Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes it clear they do 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. Consent to one form of sexual activity cannot imply consent to other forms of sexual activity. Previous relationships or consent cannot imply consent to future sexual acts. In order to give consent, one must be of legal age. IV. Reporting and University Response Students are encouraged to report any allegations of sexual misconduct immediately to the Pueblo Sheriff s Office (if the incident occurred on campus) or the Pueblo Police Department (if the incident occurred off campus), and to the University s Sexual Assault Response Coordinator. If an alleged incident of sexual misconduct involves a University staff or faculty member, the situation should be immediately brought to the attention of the Director of Affirmative Action & Equal Employment Opportunity. When a student reports an allegation of sexual misconduct the Sexual Assault Response Coordinator will try to ensure a safe environment for the student; provide support, information and guidance; and coordinate services available to the victim. The Coordinator shall inform the victim of the status of the University s proceedings and serve as an ongoing point of contact. As necessary, the University reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct. CSU- Pueblo will not tolerate intentional false reporting of incidents. It is a violation of the Code of Student Conduct and Adjudication to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws. The University has designated two professional staff to respond to sexual harassment, sexual misconduct and assault reports. These two staff serve as the University s Title IX Coordinators, and shall work with the victims and coordinate and guide the University s response in accordance with established policies and protocols. (Contact information is available at the end of this policy.) The diagram below illustrates the flow of information and process the University follows: 3
A. Preservation of Evidence Victims of a criminal sexual assault should go to the emergency room immediately, before washing themselves or their clothing. The Pueblo County Sheriff can provide transportation, if needed, and a victim advocate from the University or the community, or another support person, can accompany victims to the hospital and remain throughout any exam. The hospital staff will collect evidence, check for injuries, and address the possibility of exposure to sexually transmitted infections. If clothing has been changed since the assault, the clothing worn at the time of the assault should be brought to the hospital in a clean, sanitary container such as a clean paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe, and may render evidence useless). Otherwise, a change of clothing should be brought to the hospital, as the clothing being worn may be kept as evidence. The crime scene should remain undisturbed leave all sheets, towels, etc. that may bear evidence for the police to collect. 4
B. Amnesty for Victims The University community encourages the reporting of conduct code violations and crimes by victims. Sometimes, victims are hesitant to report to university officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that as many victims as possible choose to report to university officials. To encourage reporting, the University pursues a policy of offering victims of crimes amnesty from policy violations related to the incident. C. Amnesty for Bystanders ( Good Samaritan Policy) The welfare of students in our community is of paramount importance. At times, students on and off- campus may need assistance. University encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble. To encourage reporting, the University pursues a policy of limited amnesty for students who offer help to others in need. V. Rights of Students When a student alleges sexual misconduct, or is accused of sexual misconduct, the following rights shall be respected as the University investigates and resolves the complaint: 1) The right to be treated with respect by university officials, and the right to prompt investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith. 2) The right to be informed by university officials of options to notify proper law enforcement authorities, and the option to be assisted by campus authorities in notifying such authorities. In all cases, the University has an independent duty to investigate charges of sexual misconduct and take appropriate action. 3) The right to be notified of available counseling, mental health or student services for victims or those accused of sexual assault, both on campus and in the community. 4) The right to request a 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 student or others. 5) The right to notification of options for changing academic and living situations after an alleged sexual assault incident, if so requested and if such changes are reasonably available. Accommodations may include: a. Change of an on- campus student s housing to a different on- campus location; b. Assistance from university support staff in completing the relocation; c. Arranging to dissolve a housing contract and pro- rating a refund; d. Academic rescheduling; e. Taking an incomplete in a class; f. Transferring class sections; 5
g. Temporary withdrawal; h. Alternative course completion options. 6) The right to be fully informed of campus conduct rules and procedures as well as the nature and extent of all alleged violations contained within the complaint. 7) The right to bring an advisor to all phases of the investigation and disciplinary proceedings. 8) The right to request that any member of a hearing authority be removed on the basis of demonstrated bias. 9) The right to be present for all testimony given and evidence presented before a hearing authority. 10) The right of the accuser to give testimony in a disciplinary hearing by means other than being in the same room with the accused student. 11) The right to present witnesses and documentary evidence, and the right to question and/or challenge witnesses and documentary evidence presented by others. 12) The right to make an impact statement at a disciplinary hearing and to have that statement considered by the hearing authority in determining its sanction. 13) The right to have irrelevant prior sexual history excluded from consideration at any disciplinary hearing. 14) The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual misconduct, and the right to appeal such findings as outlined in the Code of Student Conduct and Adjudication. 15) The right not to have any personal information released by the University to the public without prior consent. VI. Disciplinary Action Students accused of sexual misconduct are entitled to the hearing process set forth in the Code of Student Conduct and Adjudication in order to determine whether they violated University policies, and if so, what sanctions should be imposed. However, the University reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect students rights and personal safety. Such measures include, but are not limited to, modification of living arrangements, interim suspension from campus pending a hearing, and/or reporting to appropriate law enforcement. A student alleged to have engaged in sexual misconduct can be disciplined under the Code of Student Conduct and Adjudication and/or prosecuted under Colorado statutes. Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the University may impose differing sanctions, up to and including expulsion, depending on the nature of the offense. 6
VII. Confidentiality As stated above, the University encourages the reporting of all incidents of sexual misconduct. To the extent possible, the University will protect the privacy of all parties. Under federal law, if a student makes a formal report about a sexual assault to a university official, the University has an obligation to investigate the complaint. If the University receives a formal report, it will be treated in a confidential manner. At the same time, information will be shared as necessary in the course of an investigation with people who need to know such as investigators, witnesses, and the accused. Certain University administrators may also be informed on a confidential, need- to- know basis (e.g., the President of the University, the Dean of Student Affairs, the campus sergeant of the Pueblo Sheriff s Office, etc.). If an act of alleged sexual misconduct is reported to the University and there is evidence that a felony has occurred, the appropriate law enforcement will be notified. When the University, through a report to a university official, becomes aware of an incident of sexual assault that occurred on- campus and it is determined by the University to represent a serious or continuing threat and there is a potential for bodily harm or danger to members of the campus community, the University must issue a timely warning to the campus. The University must provide enough information to safeguard the campus community; however, personally identifiable information will not be disclosed. The University also must report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This report does not include personally identifiable information. In all complaints of sexual misconduct, the complainant will be informed of the outcome. In some instances, the administration also may make an announcement of the nature of the violation and the action taken, without including any personally identifiable information. The University s primary relationship is to the student and not to parents or guardians. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents. University officials will directly inform parents when requested to do so by a student, or in situations affecting a student s health, safety, and/or wellbeing. VIII. Designated Title IX Response Coordinators The University has designated two professional staff to respond to sexual harassment, sexual misconduct and assault reports. These two staff serve as the University s Title IX Coordinators, and shall work with the victims and coordinate and guide the University s response in accordance with established policies and protocols. Ms. Marjorie Villani, Associate Dean of Student Affairs: 719.549.2223 Mrs. LaNeeca Williams, Director of AA/EEO: 719.549.2210 Approved by Dr. Julio S. Leon, Interim President; May 31, 2011 7