POLICIES GOVERNING THE UNIVERSITY COMMUNITY

SEX-OFFENSE POLICY

The University of Scranton aspires to the kind of community for students, faculty and staff in which learning and working together will lead to personal growth and development. The University understands that respect for the rights and dignity of all people must be protected for those hopes to be fulfilled. These values undergird all aspects of University life, as essential qualities of the learning environment and of an academic community with a distinctive educational mission, rooted in its Catholic and Ignatian identity.

It is the policy of The University of Scranton, consistent with its Catholic and Ignatian belief in the dignity and worth of all members of the University Community, that sex offenses are illegal, unacceptable, and will not be tolerated. This policy covers sexual offenses committed by University of Scranton students at any time during their tenure as students. It also addresses procedures for students who have experienced a sex offense. In situations where a student is sexually harassed by any member of the University community, please refer to the University of Scranton Sexual Harassment Policy and Procedure for Filing Complaints.

All members of the University Community should be aware of both the consequences of sex offenses and the options available to both students who have experienced sex offenses and who have been accused. The University urges those students to seek assistance from any of the available on-campus or off-campus resources. Please refer to the list at the end of this policy.

A student found guilty of a sex offense within the University judicial system will be disciplined by the University and may be prosecuted under Pennsylvania criminal and/or civil statutes. Even if a student is not prosecuted by criminal-justice authorities, the University can pursue disciplinary action which could result in dismissal from the University.

SEX OFFENSES DEFINED

Sexual assault is defined as any non-consensual attempted or completed sexual intercourse (oral, anal or vaginal) with a body part and/or object. When reported, sexual assault will be grounds for disciplinary action.

Sexual misconduct is defined as a) nonconsensual physical contact of a sexual nature including touching, fondling, kissing or groping and/or b) behavior in which no physical contact is made, but where sexual activities are perpetrated without the approval of the other party. When reported, sexual misconduct will also be grounds for disciplinary action.

Nonconsensual is defined as lack of clearly expressed consent. This is a critical factor in determining whether an offense may have occurred. Persons who engage in sexual behavior because of force, threats of force, or coercion have not consented. Some people are incapable of giving consent because of age, or physical or mental ability/impairment, whether temporary or permanent, or because of impairment from alcohol or other drugs.

These actions are sex offenses even when the parties are acquaintances or very close friends or even marital partners. No form of bargaining, intimidation, pressure or any degree of previous intimacy can excuse such contact when one party does not clearly express consent. Consent cannot be assumed but must have been expressed in some overt manner., e.g., silence cannot be interpreted to mean consent. In instances when mental capacity is impaired (e.g., intoxication or impairment by alcohol and/or other drugs), consent cannot be freely given. Sexual contact with an intoxicated person may lead to criminal charges in addition to University disciplinary charges. Use of alcohol and/or drugs by the accused is not an excuse for violation of the sex-offense policy.

The University is obligated to uphold the laws of the larger community of which it is a part. Although behaviors covered by the laws of the larger community and those covered by the rules of the University community may overlap, the larger community's laws and the University community's rules operate independently and do not substitute for each other. University disciplinary action will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced. The University may pursue enforcement of its own rules whether or not legal proceedings are underway or anticipated, and it may use information from third-party sources, such as law enforcement agencies and the courts, to determine whether University rules have been broken. The University will make no attempt to shield members of the University community from the civil authorities. In essence, membership in the University community does not exempt anyone from obedience to local, state or federal laws, but rather imposes the additional obligation to abide by all of the University's regulations.

SUGGESTED PROCEDURES TO BE FOLLOWED BY A STUDENT WHO HAS EXPERIENCED A SEXUAL ASSAULT.

A. Immediate Actions:

1. The student should tell a trusted friend or Sexual Assault Response Team (SART) member about the sexual offense. The SART member may be particularly helpful.

   The SART consists of students, staff and faculty who have been trained to support and assist any student who has experienced a sexual assault. A SART member can explain options regarding medical care, counseling, housing, academic concerns and how to file a report. SART members do not report sexual assaults without the express consent of the student seeking assistance.

   A list of current SART members is available at the Counseling Center, the offices of Student Health Services, Career Services, Campus Ministries, Public Safety, Campus Women's Center, Student Affairs, Commuter and Off-Campus Affairs (COCA), Residence Life, Student Life, Health Education and Wellness, Information Reception Center, Athletics Department, Intramural/Recreation, and all of the Deans' offices. This list is also posted in various locations throughout campus and available off-campus at the Lackawanna County Women's Resource Center. (Phone numbers listed for SART members often are not personal phone numbers; therefore, ask for the SART member by name.)

   If the student tells a Resident Assistant (RA) or Area Coordinator (AC) about the sexual offense, the RA or AC must report the sexual assault to an Office of Residence Life professional staff member. The professional staff member will arrange for the reporting student to receive information regarding available options and support.

2. The student, SART member, or friend should contact The University of Scranton Department of Public Safety, 24-hour emergency communication center (941-7777) and/or the Lackawanna Women's Resource Center 24-hour hotline (346-4671). If The University of Scranton Public Safety Department is notified, it will, by law, notify the District Attorney's Office. The Public Safety Department can provide immediate referral information, access to the University counselor on-call, and/or investigative assistance (if desired). The Lackawanna Women's Resource Center, which serves males as well as females, has a 24-hour rape crisis advocate who can offer information and assistance.

3. The student should seek immediate medical attention at an area hospital and take a full change of clothing, including shoes, for use after a medical examination. A Lackawanna Women's Resource Center advocate can offer support at the hospital. (Free ambulance transport is available via Network Ambulance Service, 347-7211.) If the student goes to the hospital for an exam, both the police and Lackawanna Women's Resource Center will be notified by the hospital. (Students under the age of eighteen should be aware that, as minors, their parents may have the right to obtain information from their medical records.) The student may choose whether or not to speak to the police at the hospital. If she/he does, the student still has the option whether or not to file charges against the accused.

4. The student should do everything possible to preserve evidence by making certain that the scene of the incident is not disturbed. The decision to press charges does not have to be made at this time. However, following these procedures will help preserve this option for the future. For example, whenever possible, she/he should collect bedding and/or other loose fabrics in the immediate area of the assault which should be stored in a paper bag for evidence. If a prophylactic device of any type is used and remains at the scene of the incident, the student should attempt to retrieve it and/or any other debris and preserve it in a paper bag. The student should not bathe, urinate, douche, brush her/his teeth, drink liquids, or change clothing before seeking medical attention at a hospital. If the student has already changed clothes, she/he should bring all the original clothing to the hospital in a paper bag. Plastic bags damage evidence.

B. Support Services:

1. For follow-up assistance, the student (or friend) is encouraged to contact a Sexual Assault Response Team (SART) member.

2. There are various supportive measures available for the student who has experienced a sex offense with regard to housing, academics and counseling. When such a student and the accused attend the same class(es) and/or reside in the same University student residence or in close proximity to one another, the student who has experienced the sex offense may request, if possible, that a fair and immediate way to reassign and/or move one of the students be decided upon by the Vice President for Student Affairs or his designee. The Vice President for Student Affairs will consult with the appropriate academic dean in making a determination regarding an alternative classroom assignment(s) for the accused and/or the student who has experienced a sex offense and with the Director of Residence Life in making a determination regarding an alternative University housing assignment for one student and/or the other. The student who has experienced the sex offense may also receive free and confidential counseling at the University Counseling Center and/or the Lackawanna Women's Resource Center.

C. Options for Filing a Sex Offense Report

(Judicial charges may be filed at any time while both students are attending the University.)

Students do not have to file a report. They may discuss the incident with a SART member and seek information. No record will be kept of the incident and there will be no action taken by the University.

If a student elects to use the University's Judicial procedure, the Public Safety Department will be notified and, by law, they will inform the District Attorney's Office of the incident.

1. Anonymous Report. A student may ask a SART member to file an anonymous report. The anonymous report will not include the names of the student filing the report or the alleged offender. It will include the name of the SART member. All anonymous reports will be sent to the Public Safety Department by the SART member. These reports will be sent by the Public Safety Department to the District Attorney's Office as required by the state law and the number of reports will be forwarded to the Judicial Officer.

2. Formal Report. A student may file a formal report with a SART member or Public Safety Officer. A formal report will include the names of the student filing the report and the alleged offender, if known. If the report is filed with a SART member, the SART member will send the report to the Public Safety Department. The Public Safety Department will notify the District Attorney's Office, by law. The Public Safety Department will also conduct an investigation of the incident.

   The results will be forwarded to the Judicial Officer who will discuss with the complainant his/her options.

   The District Attorney's Office has the right to seek a statement from the student filing the report; the student has the right to choose whether or not to speak to the District Attorney's Office. The District Attorney's Office, by law, does have the right to conduct an investigation (even without the cooperation of the student filing the report) if it is felt that the alleged offender is a risk to society or to the individual filing the report. Although the District Attorney's Office has this authority, it has rarely been used. The student filing the report has the right to have someone accompany him/her to the District Attorney's Office. The District Attorney's Office also has trained sexual assault counselors on staff to assist the student.

   If a student chooses to file a formal report, the student then has the option of taking the following actions:

   • No action. The report and details of the investigation will be kept on file in the Public Safety Department. No further action will be taken by Public Safety, other than informing the District Attorney's Office, unless there are other reports on file against the same individual. In that case, Public Safety will notify the student who filed the report that the University is going to take action because the University has the responsibility to protect its students.

   • Informal hearing. See Article V, Section E 1 of the University Judicial System policy.

   • Formal hearing. See Article V, Section E 2 of the University Judicial System policy.

   • Criminal Justice System. Students can use the criminal justice system whether or not they use the University Judicial System.

D. Options for Filing a Sex Offense Report Outside of the University

1. Criminal Justice System. Sexual assault and rape are against the law and may be prosecuted under Pennsylvania criminal and/or civil statutes. Students should report these incidents to the District Attorney's Office or police. The District Attorney's Office has trained sexual assault counselors on staff to assist victims. A SART member or Public Safety Officer can assist in reporting.
    

   1. A. POLICE:
      If a student who has been sexually assaulted contacts the Scranton Police Department directly, the following occurs:

      1. The police department will write up an initial report.

      2. The case will be assigned to a detective to be investigated. Detectives have been trained in handling and investigating sexual assault cases.

      3. A copy of the initial report will be sent to the University of Scranton's Department of Public Safety.

      4. The police will also contact the Lackawanna County Women's Resource Center and the District Attorney's Office.

      5. If the student doesn't want to file charges, the student signs a release. The student does have the right to file charges at a later date.

      6. Should the name and/or address of a suspect be given by the victim, the Scranton Police Department will not include that information at the time they give the University the report. If the suspect is a student, the University will be notified at the time of arrest.

   2. DISTRICT ATTORNEY'S OFFICE

      If a student contacts the District Attorney's Office directly, the District Attorney's Office will contact the Scranton Police Department.

   3. C. COMMUNITY RESOURCES:

      1. Lackawanna County Women's Resource Center

         If a student contacts the Lackawanna County Women's Resource Center, the report is confidential. The Center does not report the incident to either the Scranton Police Department or The University of Scranton without the consent of the student.

      2. Community Medical Center

         If a student goes directly to the Community Medical Center, both the Lackawanna County Women's Resource Center and the Scranton Police Department are notified. The student has the right to file charges or not file charges. If the student chooses not to file charges, the student will sign a release. The student may file charges at a later date. The Public Safety Department at the University of Scranton will be notified by the Scranton Police.

THE RIGHTS OF A COMPLAINANT

(Once charges have been filed within the University judicial system, the term complainant will be used to refer to the student filing the complaint.)

The University Community will treat a sex offense complainant with fairness throughout a review of the offense within the University judicial system. The complainant has the following rights during disciplinary proceedings conducted by the University. The rights that specifically pertain to the sex offense policy are in bold type.

1. The right to be informed of and have access to available University resources;

2. The right to an explanation of the options of redress which are available;

3. The right not to be harassed by the accused or acquaintances or supporters of the accused and the right not to have contact with the accused;

4. The right to initiate a University judicial hearing without unnecessary delay;

5. The right to have the assistance of all available support services in dealing with the aftermath of the sexual offense;

6. The right to testify on her/his own behalf;

7. The right to present witnesses who can speak to the charges. Although the student has the right to present witnesses at the hearing, character witnesses are not allowed;

8. The right to have an advisor who can advise the complainant throughout the judicial process. The advisor shall be a member of the University community, preferably a full-time faculty or professional-staff member. A list of advisors trained in the University judicial system may be obtained from the Office for Student Affairs;

9. The right to have the presence of a support person from the University community throughout the hearing. The support person may be a friend, faculty member or staff member. The support person may not be an attorney or a family member. The support person does not have the right to speak at the hearing;

10. The right to have a privacy screen at the hearing so that the complainant does not have to see the accused during the proceedings. Also, a video/audio connection can be provided at the hearing so that the complainant does not have to be in the same room with the accused;

11. The right to remain present during the entire disciplinary hearing with the exception of the deliberation phase when neither the accused nor the complainant may be present;

12. The right not to have sexual history discussed during the disciplinary hearing;

13. The right not to face charges of incidental rules violations (e.g., the use/abuse of alcohol) she/he may be responsible for in relation to the sex offense;

14. The right to make a "complainant impact statement" to the URB. The complainant will have an opportunity to make such a statement after culpability for a violation is determined and before a sanction is imposed;

15. The right to be informed immediately of the outcome of the hearing;

16. The right to appeal the outcome of the hearing.

THE RIGHTS OF THE ACCUSED

The University is conscious of the need for a person accused of a sex offense to be given access to a review of the charges against her/him and provides for such a review within the University judicial system. A student accused of a sex offense has the following rights. Those rights that specifically pertain to the sexual offense policy are in bold type.

1. The right to be informed of and have access to available University resources;

2. The right to be presumed innocent;

3. The right to an explanation of the charge(s);

4. The right not to be harassed by the complainant or acquaintances or supporters of the complainant;

5. The right to an explanation of the University Judicial System;

6. The right to have an advisor who can advise the accused throughout the judicial process. The advisor shall be a member of the University community, preferably a full-time faculty or professional-staff member. A list of advisors trained in the University judicial system is available from the Office for Student Affairs;

7. The right to a University judicial hearing without unnecessary delay;

8. The right to have the presence of a support person from the University community throughout the hearing. The support person may be a friend, faculty member or staff member. The support person may not be an attorney or a family member. The support person does not have the right to speak at the hearing;

9. The right to testify on her/his own behalf;

10. The right to present witnesses who can speak to the charges. Although the student has the right to present witnesses at the hearing, character witnesses are not allowed;

11. The right to be informed immediately of the outcome of the hearing;

12. The right to appeal the outcome of the hearing. The accused cannot appeal the minimum sanction. (See the University Judicial System Policy)

SEX OFFENSE SANCTIONS

The decision of the University Review Board (URB) will be based upon the preponderance of evidence presented at the hearing, that is, whether it is more likely than not that the accused student violated the Student Code. A student found culpable of a sex offense will face any one or more of the following sanctions and, out of concern for the culpable student and the University community itself, the student may also be required to obtain and complete psychological treatment.

1. Payment of a fine - This is recorded in the student's file in the Student Affairs Office until graduation and then removed;

2. Payment of restitution - This is recorded in the student's file in the Student Affairs Office until graduation and then removed. An example of this in a sexual assault case might include payment of all costs incurred for the rape exam, pregnancy testing, and/or testing for other sexually transmitted diseases. All restitution must be paid within three months of the hearing date. Students who have been suspended will not be readmitted until restitution is made. No transcripts will be released from the University until restitution is completed;

3. Performance of supervised work or community service - This is recorded in the student's file in the Student Affairs Office until graduation and then removed;

4. Disciplinary warning - This is given for minor misconduct as a warning that further misconduct will not be tolerated. The warning is recorded in the student's file in the Student Affairs Office. Any student found culpable of a violation of this Rights and Responsibilities document will face disciplinary warning as a minimum sanction;

5. Disciplinary probation - This is given for a stated period of time for serious misconduct or in the case of repeated minor misconduct. Any subsequent violations of this Rights and Responsibilities document by the student may result in suspension or expulsion from the University. Probation may include such restrictions as denial of the opportunity to participate in intercollegiate athletics, to perform in the name of the university, to serve as an officer of a student organization, or to reside in University housing. The action is recorded permanently in the Student Affairs Office though not reflected on transcripts. It also becomes a part of the student's permanent record located in the Registrar's Office. Disciplinary records are maintained for one year following graduation;

6. Suspension - This is given for serious misconduct when it is believed that the student should be temporarily removed from the University community. Suspension may be for the remainder of a semester or for no more than four semesters. Suspension is recorded permanently in the Student Affairs Office and in the student's record in the Registrar's Office. No other course work taken at another institution during the suspension period may be transferred to The University of Scranton at any time. Suspension is the minimum sanction for finding of culpability in a sexual assault case;

7. Expulsion - This is given for very serious misconduct or for misconduct by a student who has previously been suspended when it is believed that a student should be permanently removed from the University community. An expelled student is not eligible for re-admission. Expulsion is recorded permanently in the Student Affairs Office and in the student's record in the Registrar's Office.

   A. Sexual Assault

   It is the preference of the University that a student found culpable of sexual assault be expelled. Such a student, at a minimum, shall be suspended from the University for at least one calendar year. In addition, the URB may impose any of the other sanctions listed above. Normally suspension will take place immediately. Such a student is to have no contact with the complainant until the resolution of any appeal or during a suspension. No academic course work pursued at another institution during the suspension period may be transferred to the University of Scranton at any time. A student suspended from the University for a sex offense will not be allowed to re-enroll until written verification of the completion of one of the following regimens has been received by the appropriate University official(s): 1) a certified sex-offender's program or 2) psychotherapy with a licensed or certified mental health professional specializing in the treatment of sex offenders. The suspended student must obtain prior approval of the University's Director of the Counseling Center for the sex-offender program, or of a licensed or certified mental-health professional and must give the Director of the Counseling Center written permission to discuss his/her treatment and progress. (See below for sex-offender treatment referrals.) The University requires this counseling out of concern for both the culpable student and the University community itself. At the time of re-enrollment, the Vice President for Student Affairs, in consultation with the Director of the Counseling Center, may place the student on disciplinary probation and impose restrictions on his/her behavior. Finally, prior to the re-enrollment of a student suspended for a sex offense, the appropriate University official(s) will meet with the complainant to inform her/him of the suspended student's return and offer available support.

   B. Sexual Misconduct

   A student found culpable of sexual misconduct will face any one or more of the sanctions listed above.

To Report a Sex Offense or Seek Assistance:

ON-CAMPUS RESOURCES:
Equity and Diversity Office	941-6645
Student Health Services*	942-7667
Collegiate Volunteers*	941-7429
Center for Health Education and Wellness*	941-4253
Counseling Center*	941-7620
The College of Graduate and Continuing Education*	941-7580
*A Sexual Assault Response Team (SART) member is available in this office.
OFF-CAMPUS RESOURCES:
Hospitals:
Community Medical Center	969-8121
Mercy Hospital	348-7951
Moses Taylor Hospital	342-2900
Counseling Services:
Lackawanna County Women's Resource Center 24-hour hotline	346-4671
Scranton Counseling Center	348-6100
Family Services of Lackawanna County	342-3149
Catholic Social Services	346-8936
Other Emergency Personnel:
Scranton Police Department	348-4141
Network Ambulance Service	347-7211

SEX-OFFENSE EDUCATIONAL PROGRAMMING

Consistent with its commitment to focus on sex offenses as an important issue, The University of Scranton offers sex-offense educational programming to a variety of groups such as: campus personnel (e.g. Public Safety, Residence Life, judicial-system personnel, faculty), prospective students participating in summer orientation, resident and off-campus students, and members of student organizations.

Sex-offense programming includes such topics as: A definition of what constitutes a sex offense, why such offenses happen, some of the myths involved, how alcohol and sex offenses are related, what to do if sexually assaulted, the nature of a rape exam, an explanation or clarification of the University Sex-Offense Policy, the procedures for reporting an offense, how to file charges within the University judicial system and/or with the Lackawanna County District Attorney's Office and the community and campus resources which exist to assist both students who have experienced a sex offense and who have been accused.

OFTEN-ASKED QUESTIONS