Sexual Assault Response/Prevention Policy

Initiated: August 11, 1994
Approved: August 11, 1994
Revised: May 4, 2007

Purpose

To establish a uniform response to incidents of Criminal Sexual Assaults occurring on the campus of Northern Michigan University.

Applicability

All University employees, full time, part time, temporary, casual labor, students, visitors.

Policy

Introduction 

Acquaintance rape or date rape is the most prevalent form of sexual assault on college campuses. A reported sexual assault will be treated with the highest degree of concern by the University.

Sexual assault, including date rape, violates the University’s Student Code (http://dso.nmu.edu/handbook/?part=2).  Sexual assault as defined in this policy is criminal sexual conduct, and a violation of the Michigan Penal Code. A University student charged with sexual assault may be subject to University disciplinary action up to and including expulsion and may be prosecuted pursuant to the Michigan Penal Code. In addition to criminal prosecution, a University employee charged with sexual assault may be subject to University disciplinary action up to and including termination of employment.

The University affirms the need for a comprehensive sexual assault prevention education program. Prevention education and awareness efforts are essential in order to better insure a safe learning and living environment on our campus.  

This policy provides the following information to members of the University community: 

•  Definition of sexual assault;

•  Policy concerning sexual assault victims/survivors;

•  University response to reported sexual assault, including services available to victims/survivors of sexual assault;

•  Education and prevention efforts and programs; and

•  Information regarding periodic review of this Policy.

Definition 

Sexual assault is sexual contact without consent. More specifically, “sexual assault” for purposes of this Policy means any of the forms of criminal sexual conduct described in Sections 520b through 520g of the Michigan Penal Code (MCL 750.520b - .520g) involving a University student as the victim/survivor. Sexual assault consists of sexual intercourse without consent, forcible sodomy or sexual penetration with an inanimate object, the intentional touching of an unwilling person’s intimate parts (defined as genitalia, groin, inner thigh, breast or buttocks, or clothing covering them), or forcing an unwilling person to touch another’s intimate parts. These acts must be committed either by force, threat, intimidation, or by taking advantage of someone’s helplessness or inability to consent of which the alleged perpetrator was aware or should have been aware. Regardless of the relationship that exists between the parties, if consent is not given or force or coercion is used against a party, any sexual contact is within the definitions of criminal sexual contact and sexual assault.

“Consent” means a voluntary agreement to engage in sexual activity proposed by another. “Consent” requires mutually understandable and communicated words and/or actions demonstrating agreement to participate in proposed sexual activity. “Without consent” may be communicated by words and/or actions demonstrating unwillingness to engage in proposed sexual activity.  Sexual activity will be considered without consent if the victim/survivor was unable to give consent because of a condition of which the offending student was or should have been aware, such as alcohol and/or other drug intoxication, coercion, and/or verbal or physical threats, including being threatened with future harm. 

Sexual assault is intrinsically injurious and degrading, and will be treated as resulting in injury for the purposes of the University Student Code, Regulation 2.2.1, General Regulatory Statement; Regulation 2.2.21, Personal Abuse, which prohibits acts which injure, threaten, endanger, or degrade a member of the University community; and Regulation 2.2.6, Compliance with University Policy. Use or abuse of alcohol or other drugs by a person charged with a sexual assault does not diminish, and may increase, personal responsibility. Providing or making available to a victim/survivor any substance (e.g. alcohol or other drugs, including but not limited to GHB and Rohypnol) may increase the personal responsibility of the assailant. The person reporting an assault will not be charged with a violation of the student code for use of alcohol or other drugs. The same criminal offenses and penalties apply in cases of acquaintance rape or date rape as in cases of rape involving a stranger. A victim/survivor of sexual assault may be either female or male.

Complainants who are not students at Northern Michigan University but have been sexually assaulted on the campus of Northern Michigan University by a Northern Michigan University student, may file a sexual assault complaint against the student with the Dean of Students Office or Public Safety and Police Services and request that the student be charged with a violation of the Student Code and/or the Michigan Penal Code. Because the University does not stand in a special academic relationship with a non-student complainant, other university services are not available to non-students.  

Policy Concerning Sexual Assault Victims/Survivors 

If you are the victim/survivor of a sexual assault which is reported to the University, it is the policy of the University that: 

•  You and the matter you report will be treated with the greatest concern and seriousness, regardless of your gender or the gender of the suspect.

•  Your name will not be released to the public or the media.

•  You may talk to university officials about the sexual assault without your name being included in an official report.

•  You will be treated with dignity, courtesy, sensitivity, and understanding and you will not be prejudged or blamed for what occurred.

•  You will be provided with information regarding your options for reporting the sexual assault, and your right to make choices based on this information will be respected.

•  You will be advised of, and if you desire, assisted in receiving services from the University departments and from community service agencies that
provide assistance to victims/survivors of sexual assault.

•  University staff will neither coerce you to report a sexual assault as a lesser offense nor prevent or discourage you from reporting a sexual assault to      another person or authority.

•  You will have the opportunity to pursue all legal and/or disciplinary remedies and obtain counseling services without academic penalty by the            University (to be accommodated as deemed appropriate by the Dean of Students Office on an ad hoc basis).

•  If you request, the University staff will take any reasonable steps to prevent unnecessary or unwanted contact or proximity with the suspect. 

•  If you file a complaint with Public Safety and Police Services, staff from that office will investigate your complaint. You will be notified of victim’s/survivor’s rights and remedies accorded in the Crime Victim’s Rights Act and you will be kept up-to-date on the status of the investigation. If the  Health Center provides medical assistance, appropriate methods for preserving evidence of criminal sexual assault will be followed.

•  The sexual history of the victim/survivor is not considered relevant to the truth of the allegation; therefore, information regarding sexual history external to the relationship between the victim/survivor and the alleged assailant will not be considered in discipline hearings.

•  You will be made aware of, and assisted in exercising, any options provided under law regarding the mandatory testing of sexual assault suspects for communicable diseases and notification to the victim/survivor of the results of the testing.

University Response to Reported Sexual Assault 

There are a variety of avenues available for making a report of a sexual assault and obtaining support and other assistance. The following University departments can be of special assistance to victims/survivors of campus sexual assault: 

•   Public Safety and Police Services, 911 (Emergency) or 227-2151 (103 Services Building)

•   Dean of Students Office, 227-1700 (2001 Hedgcock)

•   The Health Center, 227-2355 (Gries Hall)

•   Counseling and Consultation Services, 227-2981 (3405 Hedgcock)

•   Housing and Residence Life Office (the apartment services coordinator, any resident director, resident adviser, or community adviser)*

•   The Health Promotion Office, 227-1455 (1201-1202 University Center)

*Resident advisers and community advisers are obligated to share sexual assault reports, including names, with specific professional Housing and Residence Life Office staff for possible follow-up activities and to ensure reporting as required by law.

All the University departments listed above work together closely to provide support and assistance and to review available services and options. Students who have been sexually assaulted are strongly encouraged to report the incident as described above so that charges can be initiated within the University judicial system and/or so that criminal charges may be pursued against the assailant.

In cases in which Public Safety and Police Services is not the first office contacted by the victim/survivor, information regarding the incident will be reported to that office in accordance with the Student Right to Know and the Clery Act. This report will not include the name of the victim/survivor or any identifying information without the victim’s/survivor’s consent. In addition, Public Safety and Police Services is required to report information concerning criminal acts on a daily and annual basis under the requirements of the Clery Act and the Uniform Crime Reporting Act. 

A report of sexual assault will initiate a response from the University as explained below: 

Public Safety and Police Services: When a report of a sexual assault is received, Public Safety and Police Services will immediately assign a specially trained officer to investigate the incident and work with the victim/survivor through all stages of the investigation, prosecution and/or University judicial system action. The officer will also inform the victim/survivor of other support services available.

The Dean of Students Office: The Dean of Students Office will provide information to the victim/survivor about options for pursuing a charge against the assailant through the University’s judicial system. After receiving a complaint, the Dean of Students Office will request an investigation by Public Safety and Police Services. If the results of this investigation indicate a possibility that the University’s Student Code has been violated, the Dean of Students Office will initiate the appropriate judicial proceedings. If the investigation yields unclear evidence, appropriate follow-up activities may be initiated. The Dean of Students Office will also determine the necessity for safeguards in the best interest of the students involved.

The Health Center: The Health Center provides services to NMU students, faculty and staff who have been victims/survivors of sexual assault. The physician provides examination, treatment, and information about the possibility of venereal disease and pregnancy, and provides referrals to other support services as appropriate. Health Center hours are from 8 a.m. to 5 p.m. throughout the school year. If a student is in need of emergency medical services after 5 p.m. or on weekends, he or she should go to Marquette General Hospital Emergency Room (225-3560). Note: If possible, when receiving medical care after a sexual assault it is important to have physical evidence collected for possible future legal action. 

Counseling and Consultation Services: Counseling and Consultation Services provides support to students dealing with the psychological impact of a sexual assault. The staff will provide assistance in decision making regarding reporting of the assault to Public Safety or the Dean of Students, contacting parents or significant others, modification of living arrangements, handling academic schedules and commitments, etc. Services are also provided to students who come to the Center for other reasons and in the course of treatment disclose a past sexual assault. Strict confidentiality is maintained. 

Housing and Residence Life Office: The apartment services coordinator, any resident director, resident adviser, or community adviser can provide immediate support and assistance to a student who reports a sexual assault, as well as to other students who may be involved. Staff will inform the victim/survivor of the services available from Counseling and Consultation Services, Public Safety and Police Services, the Health Center, and the Dean of Students Office, and will help the victim/survivor obtain those services that are desired. These staff members can also be helpful when the student returns to the residence hall. In addition, the Housing and Residence Life Office staff will provide alternative living arrangements for the victim/survivor upon request, if the victim/survivor and the accused live close to one another. 

Other Support Services: Faculty and staff who are contacted by someone who has been sexually assaulted are encouraged to provide empathetic support, to respect the victim’s/survivor’s confidentiality, and to consult with, or refer the victim/survivor to Public Safety and Police Services, the Dean of Students Office, or Counseling and Consultation Services. 

Prevention Education 

Northern Michigan University provides ongoing prevention education of faculty, staff, and students in an effort to decrease the incidence of sexual assault. 

Faculty/Staff Prevention Education: A copy of this policy will be sent to all University departments. The policy will also be distributed annually to all new faculty and staff. Staff members of those offices which are most likely to deal with prevention/response to sexual assault--Public Safety and Police Services, the Dean of Students Office, Counseling and Consultation Services, the Health Center, and the Housing and Residence Life Office--will receive regular in-service training to review office and University policies regarding the prevention of and most effective responses to sexual assault. 

Student Prevention Education: This policy will be distributed annually by email notice and is available online at http://dso.nmu.edu/handbook/?part=2. To request a hard copy of the policy, contact the Dean of Students Office (227-1700), or Public Safety and Police Services (227-2151), or any office listed above.  The University also provides a variety of programs on sexual assault prevention to students: 

•  Yearly Programs: Each year during a session at orientation, information concerning sexual assault will be presented. Material providing information about safety, sexual assault, and acquaintance rape is available on the following websites:  Dean of Students Office  (http://dso.nmu.edu/), Counseling and Consultation Services (http://www.nmu.edu/counselingcenter/rape.html),  the Health Promotion Office (http://www.nmu.edu/hpo/1d.html), Public Safety and Police Services (http://publicsafety.nmu.edu/assault.htm), and Housing and Residence Life (http://www.nmu.edu/housing/safety.shtml). Additionally, residence hall staff encourage and support residence hall student programs which focus on healthy relationships, personal safety, and sexual assault prevention

•   Programs Offered on Request: Counseling and Consultation Services, the Health Promotion Office, and Public Safety and Police Services will present sexual assault prevention programs tailored to the needs of student groups. These offices encourage interested student groups to call and schedule a presentation. 

Periodic Review of Policy 

This policy will be reviewed biannually by a committee composed of representatives from Public Safety and Police Services, the Dean of Students Office, Counseling and Consultation Services, Housing and Residence Life, the Health Promotion Office, and two students appointed by ASNMU. Other individuals may be included as appropriate. The Dean of Students will convene the committee. Any substantive changes recommended by the review committee are subject to the approval of the Board of Trustees. 

References

Michigan Compiled Law (MCL 750.520 (b) - (g) and the Student Code.

Initiating Department/Division

Public Safety and Police Services, 227-2152.

Dean of Students Office, 227-1700.