Sexual Misconduct Policy

A.    INTRODUCTION

  1.  The University is committed to providing a working environment that is free of all forms of sexually abusive, harassing or coercive conduct. This policy seeks to protect the rights of all members of the University community and to have all individuals treated with respect and dignity. 

  2. Sexual misconduct includes sexual harassment, sexual assault, rape, and sexual exploitation or coercion of any nature. Acts of sexual misconduct are traumatizing events causing psychological and physical harm and can be among the most painful and upsetting events that can happen to a woman or a man. The University will not tolerate sexual misconduct in any form. Campus rape/sexual assault is both a violation of Massachusetts Criminal Laws, Federal Discrimination Laws, and a violation of the University code of conduct. A student or employee charged with rape/sexual assault can be prosecuted under the Massachusetts Criminal Laws. He/she may also be disciplined through the University. Even if the criminal justice authorities choose not to prosecute an alleged assailant, he/she may be subject to University disciplinary action including suspension or expulsion.
  3. Sexual misconduct may occur between a male perpetrator and femal victim, a female perpetrator and male victim, or between a perpetrator and victim of the same gender.  Regardless of the gender or sexual orientation of the perpetrator or the victim, various forms of sexual misconduct are a violation of the law and university policy.

 B.    UNIVERSITY DEFINITIONS

The following are educational definitions used by the University and are not intended to mirror Massachusetts General Law.

  1. Rape (Nonconsensual Sexual Intercourse)- Entering into, engaging in, or continuing to engage in sexual intercourse, which involves an act of vaginal, oral, or anal penetration with another person when it occurs against that person's will or without that person's consent. Acquaintance rape (committed by a date, friend, or someone the victim knows casually) is defined the same as above and is the most prevalent form of rape on the college campus. 

  2. Sexual Assault (Nonconsensual Sexual Touching)- Unwanted touching (not penetration), however slight, of an intimate part of another's body (breasts, buttocks, groin, or genitals) or removing another's clothing against that person's will or without that person's consent. 

  3. Sexual Exploitation- Other violations of a sexual nature which are also subject to the provisions of this policy include, but are not limited to, non consensual video taping or audio taping of sexual activity, engaging in peeping on others, sexting, internet dissemination of sexual material, performing sexual acts in the presence of another without their consent, or any sexual exploitation which is taking non consensual sexual advantage of another for one's benefit or for the benefit of others. 

  4. Sexual Harassment- Sexual harassment consists of unwelcome verbal, non-verbal and/or physical behavior of a sexual nature which has the effect of interfering with a person's academic, employment or other status, or of creating a sexually intimidating, hostile, or offensive environment (see Sexual Harassment Policy).
  5. Against A Person's Will- Physical or verbal force, coercion, intimidation, or threats inflicted upon another person whenever that person indicates verbal or non-verbal resistance, however slight. Against a person's will also means without that person's consent. Consent is clear indication, either through verbal or physical actions, that parties are willing and active participants in the sexual act. Such authorization must be free of force, threat, intimidation, or coercion, and must be given actively and knowingly in a state of mind that is awake, conscious and rational and not compromised by alcohol or drug intoxication. Entering into, engaging in, or continuing to engage in intercourse with a person who you know to be, or should reasonably know to be incapacitated due to intoxication or unconsciousness or any helplessness making them incapable of consent is a violation of this policy.

C.    PROCEDURES TO FOLLOW IF YOU ARE A VICTIM OF SEXUAL MISCONDUCT

  1. Go to a safe place as soon as you can. Contact someone you trust, a close friend, family member, staff member or a resident assistant, to be with you and support you. 

  2. Reporting the incident for investigation.  Students should report incidents for investigation to Public Safety by calling 911. Public Safety will coordinate the notification to Local or State Police. Public Safety can also be contacted (non-emergency at x5262).  You may also report the incident directly to the Office of Student Conduct or the Office of Human Resources/Affirmative Action.  These offices will work with Public Safety to investigate the incident.  Although your privacy will be protected when you report through these offices, people who need to know may be told and information may be shared as necessary to investigate and adjudicate the matter.  All efforts will be made to protect your privacy to the greatest extent.
  3. Confidential Reporting. If you wish for the incident to remain completely confidential, reports may be made to a University Counseling Center, Campus Ministry, or an off-campus rape crisis agency.  These offices may assist you in filing an official report for investigation with the Public Safety Office if you so choose.
  4. Faculty and Staff Obligation to Report.  Staff and faculty of the university outside of the offices of Counseling and Campus Ministry are obligated to report incidents of sexual misconduct to the Office of Public Safety and/or the Office of Human Resources/Affirmative Action within a timely manner, preferably not to exceed 72 hours.  Such reports may be made as third party reports if the victim so chooses not to disclose their identity and/or the identity of the accused.  Third party report forms are available through Public Safety, Student Conduct, or the Office of the Dean of Diversity. 

  5. It is important to preserve all physical evidence since this may be necessary in the proof of a criminal sexual assault. If possible, do not wash, eat, drink, douche, clean, use the bathroom, or change clothes. If you do change clothes, put all clothing you were wearing at the time of the attack into an unused or a clean paper bag. 

  6. Get medical attention as soon as possible. A medical examination can provide any necessary treatment and collect important evidence. Injuries may not be immediately apparent. Health Services and Public Safety personnel can assist in transporting you to the hospital.

D.     PROTOCOL TO BE USED BY UNIVERSITY STAFF FOLLOWING A REPORT OF SEXUAL MISCONDUCT

  1. Offer immediate medical and emotional care for the victim's well-being and for the documentation and collection of physical evidence of the assault. 

  2. Encourage the victim to speak with University Public Safety Officers and the Massachusetts State Police. Third party reports may be filed with University Public Safety and the Massachusetts State Police. 

  3. Based on the immediate needs of the victim, report the incident to appropriate University personnel such as:

  • Vice President of Student Affairs
  • Director of Public Safety
  • Director of Counseling Center
  • Director of Health Services
  • Office of Human Resources/Affirmative Action; or
  • Director of Residential Life
  1. If necessary, the Vice President for Student Affairs may conduct an immediate emergency administrative hearing process. 

  2. If necessary, modify on-campus living arrangements if the victim is in fear of his/her safety. 

  3. In order to protect the confidentiality of the victim, all requests for information from concerned students, parents and press will be referred to the University Public Affairs Office. 

  4. If necessary, timely warning will be made by the Director of Public Safety/designee to the University community to protect the safety of others if the incident(s) reported are deemed to pose a substantial threat of danger to the community. This notification will not include any identifying information regarding the victim. 

  5. The Director of Public Safety or his/her designee and the Vice President for Student Affairs or his/her designee will inform the victim of the existence of the following options, any and/or all of which may be initiated by the victim and/or the University:

  •  Criminal prosecution;
  •  Civil prosecution;
  •  University disciplinary process and discrimination complaint procedures;
  •  Alternative options including structured resolution agreements; mediation would not be used in cases of sexual assault, rape, or sexual exploitation.
  •  University-issued protective order and/or court issued restraining order;
  •  Counseling and support services both on and off campus; and
  •  Opportunities for and assistance with a change in academic and living situations.

E.    UNIVERSITY DISCIPLINARY ACTION

  1. In addition to Massachusetts criminal procedures, if there is sufficient evidence to prove that sexual misconduct has occurred, the University will process the accused through standard University procedures outlined in the Westfield State University Student Conduct Code, Discrimination Complaint Procedures, or through appropriate bargaining unit agreements. 

  2. Students charged through the campus disciplinary system will be afforded the rights prescribed by the University conduct code, including the following:

  • The right to reasonable notice, in writing, of the charges against him/her, the particular standard of conduct or regulation which the student has allegedly violated and the basic facts, including dates and times on which the charges are based;
  • The right to review substantive evidence to be used against him/her;
  • The right to a hearing before either the Student Conduct Board or an Administrative Hearing Officer as determined by the Vice President, Student Affairs/designee;
  • The right to have a person or persons of his/her choice accompany him/her throughout the disciplinary proceedings. (This person may also advise and counsel, but may not represent the student to the Student Conduct Board or Administrative Hearing Officer, or enter into direct questioning.)
  • The right to question witnesses against him/her and to present witnesses on his/her behalf.  The Board/Hearing Officer will have the right to determine whether questions should be directed through the Board for initial review.
  • The right to be informed of the outcome of the hearing;
  • The right to appeal as outlined in the Student Conduct Procedures; and
  • The right to be treated with respect and dignity.
  1. Victim(s) of a rape or sexual assault will be afforded rights not limited to the following:

  • The right to choose any and all options as outlined in Section D, No. 8 of this policy.
  • In the event that he/she elects to pursue the matter through University disciplinary procedures, the following rights shall be afforded:
  1. The right to have a person or persons of his/her choice accompany him/her throughout the disciplinary proceedings;
  2. The right to be present during the entire disciplinary proceeding;
  3. Should a victim testify, he/she would have the right to request a modification to the hearing setting during their testimony.  Such examples include, but are not limited to, a physical partition that would serve to separate the accused and the complainant during the hearing; questions from the accused being directed through the Board for initial review; and the possible use of technology to provide for testimony given through closed circuit means.  Determinations about such requests will be made by the Vice President, Student Affairs/designee;
  4. The right, as established in Massachusetts Law, not to have his/her personal sexual history discussed during the hearing;
  5. The right to make a "victim impact statement" if the accused is found in violation of the University conduct code; and
  6. The right to be notified of the outcome of any disciplinary proceedings pursuant to the Campus Security Act, Sexual Assault Bill of Rights (April 29, 1994). 
  • In order to create an environment that encourages victims to report and pursue action relative to incidents of sexual misconduct, the University may choose not to pursue student conduct violations committed by the complainant (such as alcohol violations) related to the sexual misconduct incident.  In those rare instances where violations are processed, they will be addressed through the use of educational methods such as counseling, community service, and/or education workshops.  Victims will not be subject to fines or removal from housing or the University.
  • The right to be treated with dignity and respect.
  • The right to appeal as outlined in the Student Conduct Procedures.

F.    SANCTIONS

  1. Any student found responsible of a charge of sexual misconduct will face sanctions ranging from suspension from housing through suspension or expulsion from the University. 

  2. The University reserves the right to broaden or lessen any range of consequences or recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior.

 G.    CAMPUS EDUCATION/PREVENTION PROGRAMS

  1. The University will provide information about acquaintance rape and other kinds of sexual assault during student and employee orientation meetings. 

  2. The University will sponsor periodic workshops designed to educate students in regard to sexual assault, including rape and acquaintance rape. 

  3. The University will distribute the information including the University Sexual Misconduct Policy which defines rape/sexual assault and provides options and services available to victims. 

  4. The University will provide special educational and training programs about sexual assault for professional and paraprofessional staff who must be prepared to respond in an appropriate and sensitive way to victims. 

  5. The University will use the campus media, such as the newspaper, radio and television to heighten awareness of campus rape/sexual assault and its prevention. 

  6. The University will provide educational information about the involvement of alcohol and other drugs in acquaintance rapes and other sexual assaults. 

  7. The University will encourage its faculty to introduce information about sexual assault through reading and discussion in relevant classes.

H.    ON-AND OFF-CAMPUS RESOURCES/CONTACTS

1.  Medical Treatment

  • Student Health Services, Scanlon Hall - x5415
  • Noble Hospital Emergency Room (24 Hours) - 568-2811
  • Baystate Hospital Emergency/Sexual Assault Nurse Examiner - 794-3233

2.  University Police and Other Police Information

  • University Public Safety Office - x5262
  • Westfield Police Department (Emergency) - 911
  • Hampden County District Attorney/Westfield Office - (413) 572-1454

3.  Counseling and Emotional Support

  • Counseling Services, Lammers Hall Annex - x5790
  • YWCA of Western, MA (Springfield, MA) - (413) 733-7100
  • New Beginnings - 413-562-5739
  • Everywoman's Center (Amherst) Resource and Referral - (413) 545-0883
    (24 Hour Hotline) - (413) 545-0800
                                                                                 

4.  University Offices

  • Vice President/Dean of Student Affairs - x5400, x5421
  • Director, Student Conduct - x5403
  • Director of Residential Life - x5402
  • Office of Human Resources/Affirmative Action - x8277

REVIEW

This document will be reviewed annually by the Office of the Vice President, Student Affairs.

© Copyright 2011 Westfield State University. All rights reserved.

View Westfield Mobile