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Email: hr@wju.edu
Phone: 1-304-243-8152


Campus Life: Sexual Misconduct Policy


Date approved:
August 2014
Approved by:
 
Date to be reviewed:
June 2015
Reviewed by:
Dean of Student Development
Date revised:
 
Revision number:
1.0
 
Compliance Committee:
As Scheduled

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1.0 Philosophy Statement

As an institution of higher education founded in the Jesuit and Catholic tradition, Wheeling Jesuit University promotes an environment and campus culture that encourages students, faculty, staff and administrators to serve others while participating in the life of the University as responsible, productive members. This includes behavior in the realm of human sexuality. Acts of sexual misconduct undermine the dignity of individuals, the principles of equality and respect for others, and violate basic human rights; these acts can cause serious harm not only to individuals, but to the entire University community. As such, Wheeling Jesuit University does not condone and will not tolerate any conduct that would constitute as sexual misconduct.

Wheeling Jesuit University seeks to promote an environment of safety and respect across campus, ensuring that all members of our University community can learn, live and work free from being subjected to inappropriate sexual behavior and sexual violence. All students are expected to read this policy and develop a clear understanding of what is and is not acceptable sexual behavior. Students exhibiting questionable sexual behavior may be charged with a violation of the Student Code of Conduct and will be required to take part in a conduct review process via the Sexual Misconduct Hearing Board (SMHB).

This policy outlines clear definitions of and procedures for reporting all categories of sexual misconduct allegations that may involve students or student groups. Any member of the University community may file charges against a student for violations of the Student Code of Conduct, including charges of sexual misconduct.

Through these policies and procedures the University achieves the following goals:

  1. To develop a campus culture that encourages prompt reporting of sexual misconduct.
  2. To provide prompt professional and support services to the alleged victims of sexual misconduct in an effort to reduce trauma.
  3. To provide a fair, detailed process that informs alleged victims and accused students of their rights and services available to them.
  4. To cultivate a campus community where instances of sexual misconduct are diminished through ongoing education, training and mutual respect for each other.
  5. To provide a fair, comprehensive policy and conduct process that that protects the rights of both the accused and alleged victim. The accused student generally shall be free from sanction, pending the conclusion of a case. However, where the nature of the case indicates that there is a credible danger to the immediate well-being of any member of the University community, appropriate interim measures (including interim Housing and/or University Suspension) may be taken enforced by the Dean of Student Development and/or his/her designee.
The Wheeling Jesuit University community fully supports all local, state, and federal laws governing acts of sexual misconduct. It is the responsibility of all students to be aware of and adhere to these laws. Likewise, it is the University's expectation that students will respect the rights, dignity, and personhood of others.

2.0 Use of Policy

  1. Complaints Against Students

    This policy applies in those instances when a member or guest of the Wheeling Jesuit University campus community alleges that s/he has been subject to sexual misconduct by a student. If a student or visitor is an alleged victim of sexual misconduct by someone other than a Wheeling Jesuit student, this policy does not apply. Please read on for further information regarding complaints against non-students.

  2. Complaints Against University Employees

    If a student or visitor wishes to bring forward a complaint of sexual misconduct against a University employee, the policy that applies in those situations is overseen by Wheeling Jesuit University's Office of Human Resources. The student or visitor should follow the procedures outlined in that policy but may receive information and initial guidance via the Office of the Dean of Student Development.

  3. Complaints Against Visitors or Non-Community Members

    If a student wishes to bring forward a complaint of sexual misconduct against a visitor or non-community member (e.g., an alumnus or alumna, a prospective student, a guest of a student, a member of another university team, a local resident), the initial complaint should be made to Campus Safety and Security at 304-243-2486. The Director of Campus Safety & Security will immediately investigate complaints, and the University will determine the appropriate action to be taken, which may include contacting local law enforcement. The student may also receive information and guidance via the Office of the Dean of Student Development.

  4. On-Campus and Off-Campus Behavior

    This policy applies to conduct that occurs on any part of Wheeling Jesuit University's campus or property. It also applies when students travel off-campus as part of a University activity, team, organization, class or event. Additionally, Wheeling Jesuit University has the discretion to discipline student behavior that occur off-campus, and/or during a time when the University is not in session but while students are identified by the University as a current or prospective student. In making these determinations, the Dean of Student Development and/or his/her designee considers whether the behavior impacts the campus environment (as would be the case, for example, if one student sexually assaults another student at an off-campus location or if a student sends another student lewd sexual electronic messages while at home during a University break period).

  5. Timeframe for Making a Complaint

    While there is no time limit for bringing forward a complaint, the passage of time may make an incident difficult or even impossible to investigate fairly or fully and to adjudicate within our University conduct system. Therefore, alleged victims are encouraged to make a complaint as soon as possible after the incident has occurred. A former student may make a complaint against a current student. However, the reverse is not true: the complaint of a current student against a former student is not subject to adjudication pursuant to this policy. In such cases, University officials will help the complaining student to report the allegations to the appropriate off campus authorities.

3.0 Title IX Compliance

Wheeling Jesuit University follows guidelines set forth in Title IX of the Education Amendments of 1972 by the Department of Education and Office of Civil Rights in regard to processing of reports of sexual misconduct committed by students during their enrollment at the University. University personnel involved in the processing of such cases are regular participants in training session and other means of information sharing offered by the Department of Education, Office of Civil Rights, the United States Department of Justice's Office of Violence Against Women, the West Virginia Foundation for Rape Information Services, and the Ohio County Sexual Assault Response Team. Please contact the University's Title IX Coordinator, the Senior Vice-President for Mission and Ministry for more information on the University's ongoing efforts. Further reference to these guidelines in this policy will here after be referred to as "Title IX"

4.0 Definitions of Sexual Misconduct

For purposes of this policy the term "Sexual Misconduct" includes:

  • Sexual Harassment
  • Sexual Assault
  • Sexual Exploitation
  • Domestic Violence
  • Dating Violence
  • Stalking
Wheeling Jesuit University has further defined these categories of sexual misconduct below. Students can be charged with and processed through the student conduct process by appearing before the Sexual Misconduct Hearing Board (SMHB) for alleged violations of any of these types of sexual misconduct. Sexual misconduct of any nature is a serious violation of basic human rights and of the University's Student Code of Conduct; students found responsible for charges of sexual misconduct are subject to sanctions, which may include suspension and/or expulsion. Alleged victims also have the right to contact law enforcement to file off campus charges of sexual misconduct at any level; the Director of Campus Safety and Security is available for assistance in communicating with off-campus officials when requested.
  1. Sexual Harassment

    Federal and state laws prohibit sexual harassment, which is illegal and prohibited by Title IX of the Education Amendments of 1972. Sexual harassment can take two forms, quid pro quo and hostile environment.

    1. Quid pro quo harassment occurs when submission to unwelcome sexual conduct is an explicit or implicit condition of participation in a University activity or program, or of evaluation or advancement of a student. It can also occur when a University official causes a student to believe that an educational decision will made based on whether or not the student submits to unwelcome sexual conduct.
    2. Hostile environment harassment occurs when unwelcome sexually harassing conduct is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an education program or activity, or creates an intimidating, threatening or abusive educational environment. A hostile environment can be created by a University employee, another student, or a visitor.
    No forms of sexual harassment will be tolerated at Wheeling Jesuit University. This includes actions that may take place in an electronic forum, including but not limited to: emails, text messages, personal blogs and social networking sites, such as message boards, tweets, status updates, and chat rooms.

    Inappropriate conduct of a sexual nature that constitutes as acts of sexual harassment includes but is not limited to the following:
    • Sexual remarks that relate to the gender or sexual identity of a person
    • Touching of a sexual nature
    • Patting, pinching, repeated brushing against the body
    • Verbal, visual, or physical harassment based on one's sexual orientation
    • Unwelcomed sexual advances
    • Subtle pressure and/or requests for sexual activity or favors
    • Solicitation or coercion of sexual activity
    • Graffiti of a sexual nature
    • Displaying or distributing of sexually explicit drawings, pictures, written materials or other sexually suggestive objects.
    • Sexual gestures
    • Sexual or "dirty" jokes
    • Touching oneself sexually or talking about one's sexual activity in front of others
    • Spreading rumors about or rating others as to sexual appeal, sexual activity or performance
    • Behavior with an implied or overt promise of reward or preferential treatment, or an implied or overt threat of punishment
    • Verbal, physical, or visual expression of a sexual nature which would create a hostile or offensive working, learning or living environment; including but not limited to derogatory name calling of a sexual nature. This includes comments about an individual's body, sexual activity or sexual attractiveness.
    • Whistling, leering, physically trapping, or cornering
    • Derogatory or demeaning comments about a particular group based on sexual orientation
    • Repeated pressure for an intimate relationship after one has said "no."
    • Pressure for sexual activity in return for improving grade, passing a course, getting hired, or getting a raise.
    • Recording of sexual acts without expressed permission of all parties involved.
    Wheeling Jesuit University does not condone student behaviors that sexually demeans or humiliates another person, even if the conduct does not violate the law. Stalking is one such behavior and can be a form a sexual harassment when the person stalked is made to feel sexually uncomfortable or vulnerable as a result of the activity.

  2. Sexual Assault

    Sexual assault includes any form of sexual activity without the explicit, free and full consent of both parties and is completely contrary to the values of the University and is in serious violation of the University's behavioral expectations.

    Sexual activity is any touching, however slight, of a sexual or other intimate part of a person for the purpose of gratifying sexual desire of either party. This includes coerced touching of the accused student by the alleged victim as well as the touching of the alleged victim by the accused student, whether directly or through clothing.

    Sexual assault includes any forced act against one's will where sex is the weapon. This can include, but is not limited to:

    • Sexual Battery: the unwanted touching of an intimate part of another person for the purpose of arousal by the accused student
    • Sodomy: forced anal intercourse
    • Oral Copulation: forced oral-genital contact
    • Rape by a Foreign Object: forced penetration by a foreign object including digits (fingers and toes)
    • Rape: penile-vaginal intercourse against a person's will and without consent
    Whether or not specifically stated, it is an element of every sexual assault that the sexual act was committed without consent of the victim.

  3. Sexual Exploitation

    Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own benefit or to benefit someone other than the individual being exploited, and that behavior does not otherwise constitute a violation of sexual assault as defined above. Examples of sexual exploitation include, but are not limited to:

    1. Sexual voyeurism (without consent or exceeding the bounds of consent watching another undress, use the bathroom or engage in sexual acts)
    2. Non-consensual video, photography or audio taping of sexual activity
    3. Exceeding the boundaries of consent, without consent of all involved allowing others to watch consensual sexual activity, this may or may not be by such means as hiding in a closest, webcam, etc.
    4. Knowingly engaging in sexual activity with another while knowingly being infected with human immunodeficiency virus (HIV) or another sexually transmitted disease (STD) without informing the other person of the infection
    5. Prostitution or promoting prostitution
    6. Administering to another person without their knowledge or consent alcohol or drugs (to include "date rape" drugs) for the purpose or with the effect of having sexual contact or attempting sexual contact with that person
    7. Hazing as outlined in the Student Code of Conduct, which involves any type of sexual overtones

  4. Domestic and/or Dating Violence

    Domestic and/or dating violence includes physical, sexual, or psychological harm by a current or former partner or spouse. This type of violence can occur among heterosexual or same-sex couples, whether cohabitating or not, and does not require sexual intimacy. Domestic and/or dating violence can vary in frequency and severity, can occur on a continuum, and can include acts of physical violence, sexual violence, threats of physical or sexual violence, or psychological or emotional violence. Psychological or emotional violence is a broad term that results in trauma to a victim caused by acts, threats of acts, or coercive tactics, and can include acts of humiliation, intimidation, isolation, stalking, and harassment.

  5. Stalking

    Stalking refers to a person's deliberate and repeated following, observing, contacting and/or communicating with another person when the other has not consented to the activity and/or does not wish for the activity. Stalking includes, but is not limited to, repeatedly engaging in contact, face-to-face communication, telephone calls or messages, text messages, emails or online communication, letters, the giving of unwanted gifts, threatening or obscene gestures, surveillance, following, trespassing and/or vandalism.

    Stalking behaviors often lead to emotional distress for the alleged victim because of a reasonable fear for the person's safety or safety of others, and serves no legitimate purpose. An overt threat of death or bodily injury need not be made to be considered stalking behavior.

5.0 Definitions of Consent

  1. Consent

    Consent is permission. It is clear, given knowingly and voluntarily, either by actions or by words by someone capable of giving it. It must be explicit and not implied. It is the responsibility of all parties involved to make certain the other has consented to any form of sexual activity before such activity occurs. Consent to some sexual activity (i.e., kissing, fondling) cannot be presumed as consent for other sexual activity (i.e., intercourse). A past relationship or prior consenting sexual activity does not constitute consent for future sexual activity. Silence on the part of an individual and/or failure to resist does not constitute his or her consent.

  2. Incapacitation

    Incapacitated persons cannot give consent. A person may be incapacitated as a result of alcohol or drugs (voluntary or involuntary), as a result of being unconscious, unaware of his/ her surroundings and/or disorientated so as to not understand what is happening, if he/she is mentally incompetent, if he/she is asleep, or if he/she is unconscious for any reason. Such a person is physically helpless and therefore incapable of giving consent.

  3. Withdrawal of Consent

    Consent may be withdrawn by an individual at any time during sexual activity. This withdrawal of consent may be through words, actions or a combination of both. When such an individual indicates that he or she does not want the activity to continue, the other participant must stop the activity immediately.

  4. Legal Age of Consent

    In the state of West Virginia, 16 years old is the age of consent; persons under the age of 16 years old cannot consent to sexual activity. Sexual contact with a person under16 years old is a crime as well as a violation of this policy, even if the person under the age of consent wanted to engage in the sexual act. This law is meant to protect teenagers under the age of 16 from being manipulated or forced into sex with older people. In West Virginia, persons can legally consent to sexual intercourse when they become 16 years old.

  5. Further Clarification

    The following clarifications may be of assistance in helping persons to understand consent:

    1. Sexual contact includes any intentional touching of another person's private areas either directly or through clothing using any body part or other object without the consent of that person.
    2. Saying "No" means "No."
    3. Failure to resist or to be silent does not mean consent has been given.
    4. Consent means words or overt actions by a person competent to give consent.
    5. Acquaintance assault or "date rape" is a form of sexual misconduct.
    6. Being under the influence of drugs or alcohol does not diminish or relieve personal responsibility of an assaulter. A person who is under the influence of drugs/alcohol is unable to give consent. Any misuse of such an individual is abuse.
    7. Non-consensual electronic recording of sexual activity is a form of sexual violence.
    8. Language barriers, real or perceived, do not diminish or relieve personal responsibility of an accused student.
    9. Prior sexual activity or relationship does not, in and of itself, constitute consent.

6.0 Reporting Behaviors

  1. Overview

    Wheeling Jesuit University strongly encourages victims and/or witnesses of sexual misconduct to report these incidents to the proper authorities. Reports of sexual misconduct can be made to any University employee who will then report the case to the Dean of Student Development; however, the process works most effectively when initial reports are made to one of the following offices/individuals:

    1. Campus Security at 304-243-2486 or the Swint Annex or Swint 209 (Director's Office)
    2. Residence Life staff in the residence halls (Resident Assistant and Area Coordinator staff) or in the main office in Swint 201 or at 304-243-2257
    3. Dean of Student Development at 304-243-2350 or Swint 209.
    4. Title IX Coordinator - at 304-243-2484 or NTTC 4th Floor Senior Vice-President for Mission and Ministry.
    Upon receipt of the initial report, the reporting person will be asked to provide information; it is important that reporting persons provide as much information as possible. Wheeling Jesuit University will promptly, impartially and thoroughly investigate all claims sexual misconduct in a focused attempt to act justly, prevent future incidents and remediate the effects of the misconduct.

    The alleged victim may request the support of an off-campus victim advocate; upon such a request, the University will work with the local Sexual Assault Help Center to coordinate investigative meetings when a victim advocate can be present.

    In most instances, students will contact residence life staff (either their building Area Coordinator (AC) or their floor Resident Assistant (RA) or a campus Security Officer for immediate assistance in filing a report of the incident and/or obtaining medical and/or psychological treatment. Residence Life and Security personnel cannot present an anonymous report of a sexual misconduct incident given their roles within the University; upon receipt of a report, such staff will complete a Sexual Misconduct Incident Report Form (SMIRF) and return the form to the Dean of Student Development as soon as possible, no later than 24 hours after the initial report.

    If a student feels that s/he is in immediate danger and/or are in need of medical care, they are encouraged to contact Campus Security at 304-243-2486 or dial 911. Whenever possible, it is best to notify Campus Security before dialing 911 so Security Officers can assist in directing responding emergency services personnel to student(s) campus location. Students may elect to seek medical care at local hospital without notifying anyone at the University.

    Students may also choose to file a report without the assistance of University staff by completing the "Sexual Misconduct Incident Report Form" (SMIRF) and returning the form to the Office of the Dean of Student Development. The SMIRF is available online at wju.edu, or via the following campus offices: Dean of Student Development (Swint 209), Residence Life (Swint 201), Campus Safety & Security (Swint Annex or Swint 209 for Director's Office).

  2. Campus Investigation

    Upon receipt of an allegation of sexual misconduct, the University will initiate an investigation and take actions deemed necessary to protect the emotional well-being of the individuals involved, as well as the educational environment of the University community. These actions may include, but are not limited to:

    • relocating residence hall or class assignments
    • restricting access to certain campus buildings or rooms
    • prohibiting contact between the alleged victim, the accused student, or witnesses through a no-contact order
    • suspending the accused student from campus and/or campus housing pending the hearing.
    In cases where off campus law enforcement is involved, the University will comply with all investigative efforts and will resume its own investigation of the case when doing so does not interfere with off-campus investigations (if applicable)

  3. No Retaliation Policy

    The University prohibits retaliation for filing a complaint, for being named as an accused student in a complaint and/or for participating in an investigation or inquiry. No one shall be subject to any form of reprisal, discrimination, adverse treatment, or retaliation because s/he has acted in good faith to report sexual misconduct, file a complaint, respond to a complaint, or participate in an investigation or hearing.

  4. Amnesty Policy

    Students who initiate or who are named in reports of alleged sexual misconduct will not necessarily be formally charged with a violation of the Wheeling Jesuit University Code of Conduct related to alcohol and/or other drug use. Such students may not be formally charged with a violation of the Wheeling Jesuit University Code of Conduct related to alcohol and/or drug use, provided that the student subsequently completes an assessment and any other recommended treatment from the Dean of Student Development and/or his//her designee when deemed necessary for the student's safety. The Alcohol Amnesty policy does not excuse or protect students who repeatedly violate the University's Student Code of Conduct, in which case the University reserves the right to take conduct action on a case by case basis regardless of the manner in which the incident was reported. Additionally, the University reserves the right to adjudicate any case in which the violations are flagrant violations of the Student Code of Conduct and put the University community at risk.

  5. Confidentiality Policy

    The University prohibits students involved in sexual misconduct cases from spreading opinion, gossip and slander during the processing of the case; this includes online fora. Reports of such conduct will be processed separately via an alleged violation of the Student Code of Conduct for actions committed with disregard of possible harm to others and/or acts which create an intimidating, hostile or offensive environment. Students and employees involved in campus investigations will be asked to sign a Confidentiality Statement in regard to their participation in the case.

  6. Anonymous Reporting

    Students seeking anonymous medical and counseling services as a result of an incident of sexual misconduct may contact the following offices:

    1. Health Services at 304-243-2275 or in Swint 208
    2. Counseling Services at 304-243-2081 or Suite 101, Whelan Hall
    Both of these offices can provide students with any necessary medical (health center) and psychological (counseling center) services. Professional staff in these offices can also help students report incidents of sexual misconduct by completing the Sexual Misconduct Incident Report Form (SMIRF) without identifying the alleged victim.

    An anonymous SMIRF completed by the Health Center or Counseling Center does not constitute a security incident report, a Residence Life or a police report. This form is strictly for Jeanne Cleary Act disclosure purposes and will not necessarily initiate an investigation, per the alleged victim's wishes. This person will not be contacted by anyone outside of Health Center or Counseling Center unless he/she so desires. The Dean of Student Development will communicate with the anonymous alleged victim via the Health Center or Counseling Staff filing the SMIRF to ensure the student is well aware of his/her rights and options within the Sexual Misconduct Policy and to also to determine if it may be necessary for the University to pursue investigation notwithstanding the student's wishes and/or to take action when there is a risk to the safety of the campus community or when otherwise legally obligated to do so. In these cases, the well-being of the alleged victim and the safety of the campus community are a priority.

  7. Sexual Misconduct Incident Report Form (SMIRF)

    Persons filing reports of sexual misconduct can do so by completing the "Sexual Misconduct Incident Report Form" (SMIRF) and returning the form to the Office of the Dean of Student Development. The SMIRF is available online at wju.edu, or via the following campus offices: Dean of Student Development (Swint 209), Residence Life (Swint 201), Campus Safety & Security (Swint Annex or Swint 209 for Director's Office).

    An individual may also file an official report regarding sexual misconduct at any time, 24 hours a day, and seven days a week with Campus Security located in the Swint Annex or Swint 209 (Director's Office). The report could include the alleged victim's name, as well as the accused student, if known. A preliminary investigation will be conducted by Campus Security, which may include notifying the local law enforcement agency and may include multiple private interviews with both the alleged victim and the accused student(s). The Campus Security report will be forwarded to Dean of Student Development, who will follow the procedures outlined in this policy.

    Upon receipt of a SMIRF, the Dean of Student Development will follow-up in a timely fashion with information to the University community of incidents that are considered to be a threat to other students and/or employees. Safety considerations will be balanced with the privacy interests of alleged victim and others involved in such incidents.

    After a report is filed, if the alleged victim does not wish for the investigation to continue, the University will give due consideration to the alleged victim's request. However, it may be necessary for the University to pursue the investigation notwithstanding the student's wishes and to take action when there is a risk to the safety of the campus community or when otherwise legally obligated to do so.

    The University will comply with the Cleary Act by providing anonymous statistics on the occurrence of sexual misconduct on campus. Incident reports of sexual misconduct will be used to provide these statistics. The Director of Safety and Security will report all such statistics on the Uniform Crime Report to the West Virginia State Police. Students are encouraged to report sexual misconduct violations to Safety and Security and may report the incident anonymously. Members of the community (other than the alleged victim) are also encouraged to report the offense to Campus Safety and Security and may do so anonymously as well.

    The University will also comply with all applicable federal laws and acts in attempting to prevent, report, and investigate sexual misconduct offenses that occur on campus, this includes Title IX legislation.

  8. Criminal Reports

    A person who has been the victim of sexual misconduct is strongly encouraged to contact local law enforcement directly by dialing 911 or with the assistance of Campus Security at 304-243-2486. Filing an official police report is different than filing an incident report at Wheeling Jesuit University. Wheeling Jesuit University does not automatically report alleged incidences of sexual misconduct to local law enforcement for their review; however, reporting persons will be informed of the option to contact local law enforcement and provided with campus assistance if s/he chooses to do so. When a sexual misconduct report is filed with local law enforcement a criminal investigation is initiated and that investigation is often transferred to either the Wheeling Police Department or the Ohio County Sheriff's Office for further investigation. A determination will be made if the case will be prosecuted following a criminal investigation.

    A criminal investigation into allegations of sexual misconduct does not end the University's' duty to investigate and resolve complaints reported on campus promptly and equitably. If a report is made at the same time to University and local law enforcement, then the University will allow the police investigation to take precedence. After the police have completed their initial evidence gathering phase of their investigation in appropriate cases, Wheeling Jesuit University will proceed with its own fact-finding investigation and procedures under this policy. The University does not have to wait for the completion of any civil or criminal case before proceeding with campus conduct procedures, although the University may slightly delay a campus investigation should a criminal investigation proceed at the same time.

7.0 Anonymity

Wheeling Jesuit University understands that a student who has been the victim of sexual misconduct may wish to talk about the incident with the assurance that their identity will be kept anonymous and the discussion will be kept confidential. Most University employees, including Resident Assistant student staff, are mandated reporters who are legally and ethically obligated to report acts of sexual misconduct to University officials when such acts come to their attention; such employees are required to confidentially report alleged cases of sexual misconduct and to notify University officials of names of alleged victims. Students are encouraged to consult with staff in the Health Center and Counseling Center for confidential emotional support that can remain anonymous. A discussion with Health Center and Counseling Center staff will not necessarily result in the sharing of the name of an alleged victim or in action being taken by the University to respond to the incident. An alleged victim and/or reporting student who wants emotional support while remaining anonymous should contact the confidential health and counseling resources noted above.

The University endeavors to respect and follow the wishes of an individual who brings forward a sexual misconduct concern. However, Wheeling Jesuit University may have ethical and legal obligations to investigate, attempt to resolve or adjudicate alleged incidents of sexual misconduct that come to its attention. Therefore, it may not be possible for a conversation with personnel in the Division of Student Development, or other administrators, to be kept in confidence and in an anonymous way (or, said another way, for these individuals simply to listen without taking action).

Also see "Anonymous" information in 6.0 Reporting Procedures.

8.0 Student Conduct Process

Through the Dean of Student Development, Wheeling Jesuit University will initiate conduct proceedings when a report is filed alleging sexual misconduct by a student. In most cases, both the alleged victim and the accused student will meet separately with the Dean of Student Development and/or his/her designee and will be provided information pertaining to the rights students have when going through the student conduct process to have reports handled as fairly, discreetly, and as timely as possible. Upon an initial report of wrong-doing, the University will immediately initiate an investigation and arrange for a Sexual Misconduct Hearing Board hearing; investigations and hearings will be concluded within 60 days on receipt of the initial report, excluding unavoidable delays due to local law enforcement investigations, University break periods (including summer break) and times of closure (including weather delays). Reasonable efforts will be made to begin and conclude processes as soon as possible and reports of sexual misconduct will receive priority consideration within the student conduct process.

Wheeling Jesuit University's student conduct system is not meant to mirror the off-campus criminal due process system. Specifically, in university proceedings the burden of proof is "preponderance of the evidence" (or a "more likely than not" to have occurred), students do not have right to legal counsel during the process, and an alleged victim does not need to appear in the same room as the accused student. "Evidence" does not have to be in the form of physical evidence nor does the violation have to be witnessed; circumstantial information can be sufficient in some instances for the SMHB to determine that a violation was "more likely than not" to have occurred. Additionally, alleged victims have the same appeal rights as accused students.

  1. Sexual Misconduct Hearing Board (SMHB)

    The Sexual Misconduct Hearing Board (SMHB)) is responsible for adjudicating sexual misconduct cases. The SHMB is a four-member body consisting of three voting members from the faculty, staff and/or administration. SMHB and one non-voting chair (Dean of Student Development or his/her designee). SHMB members undergo training to assist in the processing of formal complaints against students alleging sexual misconduct.

  2. Hearing Procedures

    The following is a general description of the formal SMHB process. The process may vary as appropriate for specific hearings. All hearings will follow the same general script to ensure fairness and consistency; students involved in the process may request a draft copy of the script through the Dean of Student Development at any time prior to a hearing.

    The accused student shall receive written notification which may include electronic mail from the Dean of Student Development at least five working days before any hearing; this notice will indicate the charges against the student. Both the alleged victim and the accused student have a right to similar timely access to information that will be used at the hearing, including reports; both individuals will also be asked to attend individual meetings to review the charges and the SMHB process. Although hearing materials become part of a charged student's educational record under FERPA, the University reserves the right to share relevant case materials with both parties, per Title IX requirements. Students will also receive a draft copy of the script and other hearing details (including list of witnesses and documents presented as evidence) at least three working days before any hearing.

    If the alleged victim, accused student or witness cannot attend the hearing, the University has the right to conduct the hearing without the individual(s) present. Every reasonable attempt will be made to schedule hearings when all person(s) are able to participate.

    Students may only bring a University employee as an advisor to the hearing; the adviser may also attend pre-hearing meetings if the student so requests. Advisors may furnish advice only and may not question witnesses or other individuals involved in the proceedings. Advisors are not allowed to address the SHMB or to question witnesses. The advisor must be an employee of the Wheeling Jesuit University community and cannot be an attorney or hold a law degree.

    The hearing will be presided over and administered by the chair, who will determine the order and method of proceeding. The chair will exercise control to prevent needless consumption of time, disruption, harassment, intimidation or other conduct not conducive to the purpose of the hearing. The chair will read the charges during the hearing and may exclude from the hearing any person who engages in conduct not conducive to the review.

    The hearing will be closed to anyone other than the accused student and the alleged victim and their respective permitted advisors, and (during their testimony) any witnesses, but the chair may in his or her discretion permit others to attend if s/he deems that their presence may be helpful to the review and determination of the charges or that there are other compelling reasons for their presence. Parents, family, legal counsel and any non-Wheeling Jesuit University employee will not be permitted to attend the hearing.

    The alleged victim and the accused student may each request the presence of witnesses at the hearing. Such requests must be submitted to the chair in writing at least five working days before the hearing and must describe the requested witnesses' expected testimony. All questions posed to non-board members from the alleged victim and/or accused student must be asked through the chairperson. There is no limitation placed on the number of eyewitnesses or corroborating witnesses. In the event that a witness cannot attend a hearing, a written statement signed by the witness and completed in the presence of a Security Officer or Student Development staff member may be submitted in a hearing. Alleged victims and accused students are limited to two character witnesses to testify on their behalf. Character witnesses should be prepared to speak about the character of the individual who asked them to testify and may do so in person or in writing.

    The chair may refuse to call a requested witness or otherwise limit their testimony if the chair determines that the expected testimony is not sufficiently relevant to the charges, would be duplicative of other testimony, or would otherwise not be significantly helpful to the review and determination of the charges. The chair may also call additional witnesses on his or her initiative.

    The alleged victim and the accused student may also provide documentary evidence for the Board to review and consider prior to and during the hearing; evidence needs to be submitted to the Dean of Student Development at least five working days prior to the hearing. Both will have the right to review all submitted evidence up to three days prior to the hearing. Copies of documentary evidence cannot leave the Dean of Student Development's office. The alleged victim, accused student and Board members will be afforded a confidential place to review such documents prior to the hearing. New documentary evidence cannot be presented after five working days prior to the hearing or during the hearing.

    The hearing will begin with the SMHB chair going over the rights and responsibilities for the accused student, and then reading his/her charges. The accused student will have the opportunity to present an opening statement to the SMHB that describes his/her involvement and/or responsibility in the incident.

    The alleged victim will then have an opportunity to present his/her statement to the SMHB. The alleged victim may choose to present his/her testimony without the accused student being present; in which case, the accused student will listen to the hearing over speakerphone in a nearby private room. The alleged victim has the right to be present for or listen to all testimony given during the hearing, if s/he so chooses. If s/he chooses not to be present in the hearing room, s/he will listen to the hearing over speakerphone in a nearby private room.

    The SMHB will then call witnesses and has the ability to recall the accused student, any witness, and the alleged victim for clarification if needed. The alleged victim has the right to enter an impact statement in writing, which describes how the incident has affected him/her. The impact statement is introduced after all of the witnesses have been heard from.

    Statements or questions regarding the past sexual history of the accused student or alleged victim will generally not be permissible as evidence during the hearing except as they relate to the past sexual history of the accused student with the alleged victim.

    The degree of impairment of the alleged victim's ability to give or withhold consent may be introduced as evidence.

    Both the alleged victim and the accused student charged will be allowed to make opening and closing statements.

    The board deliberates in closed session and determines if the accused student is responsible for the alleged violation(s) by using a preponderance of evidence standard. A simple majority of the three voting board members is sufficient for determining a student's responsibility for violations.

    If a accused student is found responsible, the board shall receive the record of any previous student conduct violations and sanctions and any other information relevant to recommending sanctions. The board members will continue to deliberate in private and decide on the appropriate sanction. Drug or alcohol use by the accused student is not a defense to a charge of sexual misconduct and will not be considered a mitigating factor in assessing an appropriate sanction.

    The chair in a timely and consistent manner will inform the alleged victim and the accused student of the decision. The decision of the board is effective immediately and shall be substantiated in writing within three working days of the hearing.

    A recording of the proceedings will be made at SMHB hearings and will be kept on file five years post-hearing. Deliberations of the board are not recorded.

    SMHB members are required to maintain confidentiality as to all aspects of the case reviewed, including student conduct records, the deliberations and votes taken. In addition, all participants are expected to maintain confidentiality regarding the proceedings, except that the alleged victim and the accused student may not be required to maintain confidentiality as to the outcome of the proceedings. All persons involved in a sexual misconduct case will sign Confidentiality Statements during their involvement an investigation and in a hearing. In recognition of the unique nature of sexual misconduct cases, the procedures specified in this section supersede any conflicting provisions of the University student conduct process.

  3. Sanctions

    Violations of sexual misconduct are among the most serious of campus policy violations. The sanctions listed are guidelines and may be altered at the discretion of the Sexual Misconduct Hearing Board and/or the Sexual Misconduct Appeals Board. The list is not exclusive and does not represent the maximum action that may be taken to address a particular concern. Accused students found to be responsible for a violation of sexual misconduct will receive a minimum placement on Level 3: Conduct Probation for the duration of their time of study at the University. Sanctions may also be combined with other sanctions when violations of other tenets of the Student Code of Conduct occur at the same time; in such instance, the highest Level of violation will apply. Sanctions may be modified based on the severity of the incident, the impact on the community, and the student's individual conduct history. Since behaviors of sexual misconduct are actions that lead to harm to self and/or others, placement at an immediate Level 4 or Level 5 offense may result.

    Possible Sexual Misconduct Violation Sanctions
    First Offense - Level 3, 4 or 5
    1. Placement on Conduct Probation.
    2. Suspension from the University and/or housing.
    3. Expulsion from the University.
    4. Mandatory completion of a counseling assessment.
    5. Letter to and/or meeting with parents/guardian.
    6. Reassignment of campus housing or classes.
    7. Loss of housing selection privileges for on-campus or off-campus housing selection processes.
    8. Campus or community service.
    9. Campus social restrictions.
    10. Sexual misconduct education or educational activity.
    Second Offense - Level 4 or 5
    • Suspension from the University and/or housing.
    • Expulsion from the University.

  4. Statement of Student Rights

    A student who reports an incident of sexual misconduct is entitled:

    1. To be treated with respect by University officials;
    2. To take advantage of campus support services available to him/her. On campus support services include the Counseling Center: (304) 243-2081, the Health Center: (304)2432275, Dean of Student Development: (304) 243-2350, Title IX Coordinator: (304)-243-2484, or Campus Ministry: (304) 243-2385.
    3. To have reports of sexual misconduct responded to in accordance with University policy;
    4. To request transfer to alternative classes and/or housing and to have such request accommodated if such classes and/or housing are reasonably available.
    5. To have an advisor present during the Sexual Misconduct Hearing Board proceedings;
    6. To have irrelevant prior sexual history disallowed from the Sexual Misconduct Board hearing;
    7. To not be charged with minor misconduct that is ancillary to the sexual misconduct incident;
    8. To receive notification of options for and available assistance in changing academic and living situations after an alleged incident;
    9. To be free from retaliation;
    10. To be informed of the names of all witnesses who will be called to the hearing prior to the hearing;
    11. To be informed in writing of the outcome of any disciplinary hearing;
    12. To appeal the outcome of the hearing;
    13. To have the right to a hearing by means other than having to face the accused student;
    14. To pursue the case both within the institution and through the off-campus courts; University proceedings are separate and different from off-campus proceedings.
    15. To pursue action against the University via the Office of Civil Rights if s/he believes the University failed in the review of the report of sexual misconduct.
    16. To have access to and use of off-campus resources, including:
      1. Upper Ohio Valley Sexual Assault Help Center, a Wheeling based non-profit organization dedicated to providing assistance to the community in dealing with the crime of sexual assault; all victim services are provided free of charge and may include a 24-hour hotline, group and individual counseling, advocacy and support services, information and referral services, and community education: 304-234-8519 (24-hour local hotline) or 800-884-7242 (24-hour national hotline).
      2. West Virginia Foundation for Rape Information and Services, West Virginia's state sexual assault coalition: 304-366-9500, fris.org, or wvfris@frontier.com
      3. City of Wheeling Police Department Dial: 911 or 304-234-3661 o Ohio County Sheriff's Office Dial: 911 or 304-234-3688
      4. Wheeling Hospital Emergency Room: 304-243-3000 (information number) o Ohio Valley Medical Center Emergency Room: 304-234-0123 (information number)
    If the alleged victim chooses to file charges off-campus through the court and legal system, the University will cooperate with law enforcement personnel and support all students through this process as is appropriate (i.e. provide information about off-campus processes, assist in communicating with off-campus authorities, etc.)

    A student who is accused of an incident of sexual misconduct is entitled:
    1. To be treated with respect by University officials;
    2. To take advantage of campus support services available to him/her. On campus support services include the Counseling Center: (304) 243-2081, the Health Center: (304)243-2275, Dean of Student Development: (304) 243-2350, Title IX Coordinator: (304-243-2233), or Campus Ministry: (304) 243-2385.
    3. To have reports of sexual misconduct responded to in accordance with University policy;
    4. To have an advisor present during the Sexual Misconduct Hearing Board proceedings;
    5. To have irrelevant prior sexual history disallowed from the Sexual Misconduct Hearing Board proceedings.
    6. To be free from retaliation;
    7. To be considered not responsible until proven responsible;
    8. To be informed of the names of all witnesses who will be called to the hearing prior to the hearing;
    9. To be informed in writing of the outcome of any disciplinary hearing;
    10. To appeal the outcome of the hearing;
    11. to pursue action against the University via the Office of Civil Rights if he/she believes the University failed in the review of the report of sexual misconduct.
    12. To have access to and use of off-campus resources, including:
      1. West Virginia Foundation for Rape Information and Services, West Virginia's state sexual assault coalition: 304-366-9500, fris.org, or wvfris@frontier.com
      2. City of Wheeling Police Department Dial: 911 or 304-234-3661
      3. Ohio County Sheriff's Office Dial: 911 or 304-234-3688

  5. When Alleged Victims Do Not Want to Pursue Student Conduct Action

    If the alleged victim chooses not to pursue student conduct actions, the University will document its conclusion of the investigation, and ask him/her to sign a statement acknowledging that s/he concurs with the University's conclusion and that no further action may be taken. This statement will indicate that s/he understands that his/her choice not to pursue student conduct actions may prevent the University from pursuing the complaint to resolution.

    The alleged victim may still choose to pursue the case through the off-campus courts since University proceedings are separate and different from off-campus proceedings.

    In all cases, the University may still conduct an investigation and follow-up in the following ways:

    1. Evidence may be gathered from third party witnesses and a hearing may be held without testimony of the alleged victim.
    2. The University can pursue other conduct violations that may have occurred during the incident that led to the allegation of sexual misconduct.
    3. The University may require the accused student to attend counseling to explore attitudes about men, women, and sexuality; the University can also require that the accused student participate in other types of educational or awareness raising experiences. The University's Title IX Coordinator is the ultimate authority in deciding whether the University will pursue action when the alleged victim does not wish to be involved.

9.0 Appeals Process

The Senior Vice-President for Mission and Ministry and/or his/her designee(s) will hear cases of appeals submitted as a result of a decision by the SMHB. Appeals will be decided by a three-member Sexual Misconduct Appeals Board that includes the Senior Vice-President for Mission and Ministry. This Appeals Board will respond to appeals from alleged victims or accused students who may not be satisfied with the outcome from the board decision. Membership on the Appeals Board will not overlap with membership on the SMHB hearing the case.

  1. Initiating

    Both the alleged victim and the accused student have equal rights to appeal a decision of the SMHB; the process is the same for both. Appeals must be made in writing and submitted to the Senior Vice-President for Mission and Ministry within five business days of the date of the SMHB findings letter. An appeal only be made on one or several of the following grounds:

    1. The hearing was not conducted in the manner provided under the Student Code Conduct and/or the Sexual Misconduct Policy. In conformity with prescribed procedures, the complaining party will be given a reasonable opportunity to prepare and to present information that campus policy and procedures were not followed. The other party involved in the case will also be given a reasonable opportunity to prepare and to present a response to the appeal allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
    2. There was insufficient evidence to establish responsibility and/or there was sufficient evidence to establish responsibility.
    3. There is new evidence that exonerates, clears the accused student, or puts the conduct situation into a different context.
    4. There is new and substantial information not previously considered in the disciplinary process, because such information and/or facts were not known, was not available to the person appealing at the time of the original hearing, or not allowed to be part of the hearing per Sexual Misconduct Policy procedures. Failure to participate in the hearing may not be used as a basis for filing an appeal under this section.
    5. The alleged victim or accused student witnessed or experienced bias or discrimination during the conduct process.
    6. The imposed sanction was too severe for the level of violation concluded to have occurred and/or the imposed sanction was not severe enough for the level of violation concluded to have occurred.
    Alleged victims or accused students are to clearly make their case in their written appeal, identify which of the above grounds of appeal on which they are appealing and why. If the appeal does not meet one of the criteria noted above, the appealing individual will be notified in writing that the request for appeal is denied and the initial decision and sanction(s) will remain in effect. To be considered, written appeals should provide sufficient detail for the reason for the appeal; lack of sufficient information contained within a written appeal is grounds for denial.

  2. Timeline

    If the appeal meets at least one of the criteria above, appeals submitted to the Senior Vice-President for Mission and Ministry will be reviewed and, under normal circumstances, will be decided within 30 business days (6 weeks) of the receipt of the appeal; should an appeal require more time due to nature of the appeal(s) and/or the when the appeal is submitted, the University has a right to extend the time to decide upon an appeal to up to 10 business days (2 weeks).

  3. Review

    When an appeal letter is submitted, the other party will be given notice of the grounds of the appeal and will be provided the opportunity to submit a response within ten working days. In cases where appeals are submitted by both parties, both appeals will be reviewed by the same Sexual Misconduct Appeals Board. Each party will have the ability to present his/her grounds for appeal in writing as well as respond to questions from the Appeals Board. The burden is on each party to present grounds for his/her appeal to the Appeals Board who will then make the final decision regarding the appeal and sanction(s) of the case (if any). If only one party appeals, the other party has the right to respond to the appeal even if s/he choose not to submit an appeal.

    In some instances, a party appealing a decision may be asked to attend an Appeals Board Meeting to review the situation and take questions; however, such meetings are not necessary for an appeal to be considered and decided upon. The non-appealing party may also be asked to attend an Appeals Board Meeting to take questions.

    Upon receipt of an appeal, the Appeals Board may affirm, reverse or modify the decision regarding the violation and/or sanctions imposed. Specifically, one of four options will be decided:

    1. The appeal is granted, and the sanctions are overturned.
    2. The appeal is granted, and the sanctions are modified.
    3. The appeal is denied, and the sanctions remain in effect.
    4. The appeal is denied and additional sanctions are imposed.

    An appeal does not necessarily postpone/delay the imposition and/or completion of sanctions implemented by the Sexual Misconduct Hearing Board. In cases of decisions of suspension and/or expulsion by the Sexual Misconduct Hearing Board, the Senior Vice-President for Mission and Ministry will decide whether or not to postpone/delay or alter the decision during the period of appeal.

    The Appeals Board shall review the appeal and the written documentation from the original hearing. If they desire, they may also review the recording of the hearing, ask questions of the alleged victim and/or accused student, ask questions of the SMHB chair and/or request additional information.

    The final decision of the Appeals Board is not subject to further review; parties are limited to one appeal.

    Review of appeals is not open to the public, other members of the University community, parents, family members, friends, or legal counsel.

    Members of the Appeals Board are required to maintain confidentiality as to all information presented in the case, including but not limited to: student conduct records, the deliberations, and votes taken.

10.0 Additional Information

  1. Educational Programs

    It is essential for all Wheeling Jesuit University students to understand the limitations governing sexual acts and/or contact between persons. Educational programs about sexual misconduct are offered annually during first-year orientation programs. Educational programs and flyers raising awareness of the issues of sexual misconduct on college campus also take place in the residence halls and throughout campus during the academic year. It is ultimately the students' responsibility to be aware of acts that violate campus policy and to not encourage environments that promote acts of sexual misconduct within our University community. Campus programs are announced to the University community through regular means of advertising information and/or events across campus.

  2. Support Services

    Wheeling Jesuit University has a variety of support services immediately available to students involved in cases of sexual misconduct.

    On campus support services for alleged victims or accused students include:

    1. Counseling Center: Suite 101, Whelan Hall, (304) 243-2081. The Counseling Center provides qualified professionals who can help students clarify their feelings about sexuality and intimacy and help students develop communication and coping skills that may be useful in managing potentially difficult situations. Counseling staff are available to students at no cost for counseling or for referral networking consults; contact the Counseling Center to schedule an appointment.
    2. Health Center: 208 Swint Hall, (304) 243-2081. The Health Center can provide medical support to students seeking assistance with physical effects of an instance of sexual misconduct. A part-time Nurse is available to students at no charge; contact the Health Center for nurse hours and/or to schedule an appointment.
    3. Campus Ministry: Ground Floor, Chapel (304) 243-2385. Campus Ministry staff is equipped to assist students who may be struggling with issues of spirituality related to sexual relationships, sexual identity, gender roles, and/or experiences with sexual misconduct.
    4. Dean of Student Development: 209 Swint Hall, (304) 243-2350. The Dean's Office can provide general support services, ranging from referral to on and off-campus resources to answering questions about the student conduct process in cases of sexual misconduct.
    5. Title IX Coordinator: Senior Vice-President for Mission and Ministry, 4th floor NTTC Building (304)-243-2484. The Title IX Coordinator is responsible for monitoring the overall implementation of Title IX legislation compliance for the University. Students concerned that their student rights were violated and/or that the University failed to adequately respond to cases of sexual misconduct may contact the Title IX Coordinator to share their concerns.

    Off campus support services for alleged victims and accused students of sexual misconduct include:

    1. Upper Ohio Valley Sexual Assault Help Center, a Wheeling based non-profit organization dedicated to providing assistance to the community in dealing with the crime of sexual assault; all victim services are provided free of charge and may include a 24-hour hotline, group and individual counseling, advocacy and support services, information and referral services, and community education: 304-234-8519 (24-hour local hotline) or 800-884-7242 (24-hour national hotline).
    2. West Virginia Foundation for Rape Information and Services, West Virginia's state sexual assault coalition: 304-366-9500, or wvfris@frontier.com. Students can also access information online at http://www.fris.org/
    3. -City of Wheeling Police Department Dial: 911 (for emergencies) or 304-234-3661 -Ohio County Sheriff's Office Dial: 911 (for emergencies) or 304-234-3688
    4. Wheeling Hospital Emergency Room: 304-243-3000 (information number). -Ohio Valley Medical Center Emergency Room: 304-234-0123 (information number)

  3. Assisting Victims

    All persons assisting victims of acts of sexual misconduct should be sensitive to the following concerns:

    1. To a person who has been sexually violated and who seeks medical attention, a forensic medical exam may be a difficult experience. However, if the victim decides to file charges against the assailant at a later time, physical evidence is necessary. Encourage the victim to have a medical examination, and emphasize concern for the person's health. Suggest to the victim that someone such as a trained Sexual Assault Help Center (SAHC) advocate is with him/her for support at the hospital. Whenever possible, the hospital performing the exam will bring in a Sexual Assault Nurse Examiner (SANE) to be with the victim during the exam; the SANE nurse is specifically trained to assist victims of sexual assault and will be able to assist the victim in seeking assistance from local resources.
    2. Many victims are reluctant to report sexual misconduct and to file charges against the assailant. The victim should view these questions separately. All victims should be encouraged to report acts of violence so that the University can respond with additional resources, programs, and security. The victim can also receive needed support and help in understanding his/her own feelings. Filing a Sexual Misconduct Incident Report Form (SMIRF) report does not mean that further action must be taken by a victim.
    3. The question of filing legal charges or pursuing University action is a much more difficult decision to make. Some individuals may be more emotionally able to handle the stress of a trial or hearing than others. Those who feel emotionally able to prosecute will be encouraged to do so. However, when a victim decides not to file charges, he/she should not be criticized.
    While most victims of sexual misconduct are women, men can also be victims. Male victims experience symptoms of psychological trauma similar to those experienced by women. Support services provided for female victims have been shown to be equally helpful for male victims; these services, both on and off campus, are equally available to all victims, regardless of gender.

    Since acts of sexual misconduct can occur in many different circumstances and locations on and around university campuses, it is important for members of the University community to know how to respond and be sensitive to the following when they become aware of an act of sexual misconduct:
    1. In compliance with the Cleary Act, most University employees who become aware of alleged cases of sexual misconduct need to report the incident through proper channels to the Dean of Student Development, while honoring the alleged victim's desire for confidentiality and with the primary concern being for his/her welfare. Please see "Anonymity" section for detailed information about employees who are not required to report names of alleged victims.
    2. Upon notification of an act of sexual misconduct, the alleged victim should be encouraged to obtain immediate medical treatment (both to provide for his/her health and well-being and for documentation). Every effort should be made to encourage victims to report sexual misconduct through official means to allow for University follow-up.
    3. In the event of a sexual assault, the victim should be given information about preserving evidence, such as the importance of not bathing, washing or brushing teeth until after a forensic medical exam. Evidence of the assault, such as bedding, towels, and clothing, anything touched should be collected, wet articles should be placed in a paper (not plastic) bag to preserve evidence. Clothing or bedding should be carefully folded, not shaken.
    4. In the event of a sexual assault, once notified, the University will arrange for transportation to the hospital if needed. Medical attention should be obtained and a forensic medical exam should be conducted within 96 hours. In some cases evidence can be found beyond the 96 hours; however, whether or not a forensic medical exam should be conducted beyond 96 hours would be determined by the examiner. Hospital personnel can answer questions regarding possible pregnancy and sexually transmitted diseases. Even if a period of time has elapsed, a victim should, ideally, be examined by a physician.
    5. The Dean of Student Development or his/her designee will begin an immediate investigation of all reported incidents of sexual misconduct. If an immediate removal of the accused student from the campus is in the best interest of the alleged victim, the accused student or the University community, the accused student may be removed temporarily from campus and/or housing pending the outcome of the investigation. Such action is in compliance with federal regulations.
    6. When appropriate, the Dean of Student Development will inform the accused student that the case will remain open for a reasonable amount of time should the alleged victim decide to initiate Student Conduct action. The Dean will also recommend counseling for all parties involved in the incident.
    7. The Director of Residence Life, if requested by the alleged victim, can make arrangements to modify housing immediately if s/he and the accused student live in the same residence hall, if such action will facilitate the recovery of the alleged victim, and if housing structures make it feasible to do so.

AUTHORIZATION

Dean of Student Development, Senior Vice-President for Mission and Identity (August 8, 2014)

ATTACHMENTS

Sexual Misconduct Information Report Form (SMIRF)


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