Introduction
The University of Massachusetts Dartmouth is a community of learners in which mutual respect and concern for the safety and well-being of one another is required of all members of the community. When one community member sexually assaults another member of the community, the person committing the assault has both committed a crime, a violation of another's civil rights, and a grievous breach of the trust the community has placed in him/her. The University will not tolerate such violation and assault on members of our community. The University will make every effort to encourage members of the University community to report these incidents. The University will provide those victimized by sexual assault with comprehensive support and resources to assist in recovery. Sexual assault prevention programs will be included in new student orientation and provided to students throughout the academic year. Resources and support regarding sexual assault may be found at the Center for Women, Gender & Sexuality; Counseling Center; Health Services; Department of Public Safety; Student Affairs; and the Office of Housing and Residential Life.
Definition of Sexual Assault
Sexual assault and rape are crimes of violence and control, using sex acts as a weapon. Rape and sexual assault are not sexually motivated acts; rather, they stem from aggression, rage, sexism, and the determination to exercise power over someone else.
Rape is a legal term that is defined in Massachusetts by three elements: penetration of any orifice by any object; force or threat of force; and against the will of the victim or without consent. Consent is informed, freely and actively, given mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. Consent may never be given by minors (in Massachusetts, those not yet 16 years of age), mentally disabled persons, and those who are incapacitated as a result of alcohol or other drug consumption (voluntary or involuntary) or those who are unconscious, unaware or otherwise physically helpless. Consent cannot be given in situations involving coercion, threats, intimidation, or physical force.
Sexual Assault is more broadly defined as any sexual activity that is forced or coerced or unwanted. Any unwanted sexual contact constitutes a sexual assault and is a violation of the University’s code of conduct and Massachusetts state law.
For consent to occur:
1) All partners must clearly communicate their willingness and permission. Consent is not the absence of the word no. Failure to resist sexual advances, silence, and/or prior relationship does not constitute consent.
2) All partners need to be fully conscious and aware of their actions. A person is unable to give consent if they are asleep, drugged, intoxicated, unconscious, a minor, mentally impaired or incapacitated. Signs that a person is intoxicated, incapacitated or otherwise unable to give consent include but are not limited to: slurred speech, loss of coordination, passing out for any period of time, vomiting, and a verbalized feeling of being nauseous.
3) All partners must be equally free to act. The decision to be sexually intimate must be made without coercion and all partners have a right to revoke their consent at any time during sexual activity by actively (verbally or non-verbally) communicating their desire to stop the activity. A verbal “no” (no matter how indecisive) or resistance (no matter how passive) constitutes a lack of consent.
Acquaintance Sexual Assault
Acquaintance Sexual Assault is an assault in which the assailant and the person being victimized may have met just prior to the incident or have known one another for a longer period of time. It is the most common type of sexual assault on a college/university campus. Research shows that one in four college women experience an assault or attempted assault during their college career and that women in their first year of college are particularly likely to be victimized. Alcohol consumption is often a factor in these assaults. Between one half and two thirds of students who experience an assault are so traumatized by the experience that they drop out or transfer to another institution. Although the term “date rape” is frequently used to describe these situations, many of these assaults are not committed within the context of a “date”. More common scenarios include assaults at parties where the assailant and the person being victimized have just met, assaults on co-workers, and assaults within the context of a friendship.
Acquaintance Sexual Assault Prevention
1) Know and understand the definition of consent (see above). Seek the appropriate campus resources (see above) if you need clarification of the definition of consent.
2) Obtain consent before engaging in any sexual activity.
3) Stop sexual activity immediately if your partner indicates a desire to stop (see above).
4) Take a trusted friend(s) when going out socially to places you have not been before. Have a plan to leave together and what to do if you get separated.
5) Keep your cell phone charged and on your person at all times.
6) Have enough money for cab fare with you.
7) At social gatherings never leave your beverage unattended.
8) Drinking alcohol or using illegal drugs can affect your decision making. If you choose to drink alcohol, it is best to avoid intoxication by limiting alcohol consumption to one beer or one glass of wine or one mixed drink per hour and consuming food with your beverage.
9) Always lock your door when leaving your room/apartment or when sleeping. Carry your keys and encourage your roommate(s) to do so as well so you are not leaving your room/apartment unsecured and putting one another at risk.
Stranger Sexual Assault
In approximately 41% of reported sexual assaults in the U.S., the person being victimized does not know the assailant. College campuses are often attractive places to these assailants because it is easy to gain access to and be anonymous on a college campus.
Stranger Sexual Assault Prevention
1) Do not prop open locked building doors and discourage others from doing so as well.
2) Do not allow a stranger to enter a locked building behind you.
3) Report strangers who are behaving in a questionable way or in a way that violates university policy to the Department of Public Safety at 508-999-9191.
4) Walk with a friend(s) in remote areas on campus and/or after dark. Utilize the DART Van and Emergency Call Boxes.
Reporting a Sexual Assault
There are a number of mechanisms on campus for reporting a sexual assault. All are described below in detail. The person reporting the assault may select any one or a combination of all options below when reporting. In all cases the complaining party of the assault will decide if, how, and when s/he will report the assault.* When reported to any of the following - Center for Women, Gender & Sexuality; Counseling Center; Health Services; Public Safety; Housing and Residential Life; Student Affairs; Office of Student Conduct and Dispute Resolution – the person to whom the assault is reported will:
• listen attentively and supportively
• review all support resources available and assist with contacting the resources
• review all possible options for reporting/filing a complaint
• answer questions
• explain the Anonymous Reporting Form*
*It is important to note that if the person who has been assaulted is under the influence of alcohol or drugs or in violation of any other Code of Conduct violation at either the time of the incident or at the time s/he makes the report, s/he will not be charged with an alcohol or drug violation either through the criminal or University Student Conduct Process.
Specific Ways to Report a Sexual Assault:
1) To the Department of Public Safety
Individuals are encouraged to contact the University Department of Public Safety when a sex offense occurs regardless of whether or not formal charges will be pursued by the complaining party. If reported to the Department of Public Safety, the complaining party will be encouraged to seek medical assistance at a local hospital. In order to preserve evidence, clothes should not be laundered and the complaining party should not bathe. The complaining party’s clothing should not be placed in a bag/container that is plastic. The complaining party will also be informed of support services available and options for making a formal complaint through the criminal process and/or through the university judicial process. For more information, please call 508-999-8107 or go to: http://www.umassd.edu/publicsafety/
2) To the Office of Housing and Residential Life
If an incident takes place in campus housing and is reported a staff member of the Office of Housing and Residential Life such as an RA, the staff member will contact the Department of Public Safety if requested to do so by the complaining party. They must also report the incident to their supervisor. The complaining party may request to keep her/his name confidential at this level. Residential Life staff will also review support services and complaint options with the complaining party. For more specific information, please call 508-999-8995.
3) To the Office of Student Conduct and Dispute Resolution
A formal complaint with the University’s student conduct process may be filed with either a staff member from the Office of Housing and Residential Life or directly with the Office of Student Conduct and Dispute Resolution. A staff member from either office will review possible types of hearings and potential outcomes with the person filing the complaint.
Student Conduct Process for Sexual Assault Cases
• All complaints of sexual assault will be investigated promptly, thoroughly and impartially
• The University does not use mediation to resolve complaints of sexual assault
• All cases of sexual assault will be referred to a Conduct Hearing Board consisting of two students and one faculty or staff member who have specific training in adjudicating cases involving sexual assault
• The University uses the standard of the Preponderance of the Evidence also called More Likely Than Not when weighing evidence presented in a hearing
• In sexual assault cases the accused student and complaining party may not question one another in a hearing
• In a Student Conduct Hearing, the complaining party, regardless of the role in process, may choose to participate via audio or video means rather than being present in the actual hearing location
• Both the accused student and complaining party may present witnesses at a hearing
• Both the accused student and the complaining party will be informed of the outcome of the student conduct process in writing
• Both the accused student and complaining party may appeal the outcome of a student conduct hearing
• Both the accused student and complaining party have a right to an advisor during the student conduct process. The advisor must be a member of the University community. In cases in which criminal charges are pending or likely, both the accused student and complaining party may be accompanied by legal counsel. The role of the advisor and/or legal counsel is limited to advising the student during the proceeding. The advisor may not speak on behalf of the student, examine or cross examine witnesses, or address the person(s) hearing the case.
• Student Conduct Hearings are not open to the public.
4) *Filing an Anonymous Report
Any member of the campus community may use the online Sexual Assault Anonymous Reporting Form to file a report about an assault that one has either experienced or heard about without having to disclose the names of either the person who has been assaulted or the person who committed the assault. Most staff and faculty (except for staff in the Counseling Center and the Religious Resource Center) are required to report, anonymously at a minimum, an assault if one is brought to their attention. It is one option for reporting and completion of the form does not propel other University procedures (e.g. police report, judicial action), nor does it preclude other reporting options. It is a mechanism for bringing the incident to the attention of the University in order to better understand the extent of the problem, plan more effective prevention and response efforts, and create a safer campus community. For more information about this form, please go to:
http://www.umassd.edu/publicsafety/sexualassaultform/sexualassaultanonymousreport.cfm
Information for/rights of the complaining party:
• The complaining party will be informed of all methods for reporting including filing a criminal complaint
• The University will assist the complaining party in accessing support services and making adjustment to academics, housing, or other University related issues if necessary
• If the matter is being handled through the Student Conduct Process and if an investigation is ongoing, the complaining party will be kept apprised by the Coordinator of Student Conduct and Dispute Resolution or designee of the status of the complaint
• In a Student Conduct Hearing, the complaining party may choose to serve as the complaining party (called reporting party in the process), choose to act as a witness for the reporting party, or choose not to participate. See above section entitled Student Conduct Process for Sexual Assault Cases for more information.
• In a Student Conduct Hearing, the complaining party, regardless of the role in process, may choose to participate via audio or video means rather than being present in the actual hearing location
Information for/ rights of the accused student:
• When becoming aware of a complaint of sexual assault the University may take interim measures including but not limited to restriction of communication with named individuals, Interim Suspension from the University, interim removal from residence, residence relocation, and restriction from participating in a particular class or in campus activities. Violation of any interim measure is likely to result in immediate interim suspension from the University.
• The accused student may request an assessment of interim restrictions with the Associate Vice Chancellor of Student Affairs or designee
• The University may proceed with the student conduct process regardless of the status of any criminal proceedings for the same incident
• The accused student has a right to the support services of the University including counseling during the student conduct process
• If the matter is being handled in the Student Conduct Process, the accused student will be informed in writing of charges of violations of the code of conduct and will have a Pre-Hearing Conference with the Coordinator of Student Conduct and Dispute Resolution or designee to review the student conduct process, the charges, the written documentation, rights and options in the process including the right to present and question witnesses, the right to an advisor, and the right to appeal a hearing decision. See above section entitled Student Conduct Process for Sexual Assault Cases for more information
• If an investigation is ongoing, the accused student will be kept apprised by the Coordinator of Student Conduct and Dispute Resolution or designee of the status of the complaint.
