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SEXUAL ASSAULT POLICY

The University of North Carolina at Pembroke has zero-tolerance for sexual assault and sex offenses committed against students, employees, visitors to the campus, and other persons who use University facilities. The University of North Carolina at Pembroke is committed to the prevention of sexual assault.

Sexual Assault
Sexual assault is an extreme form of sexual harassment. Sexual harassment is prohibited by University policy and is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 and by Title IX of the Education Amendments of 1972. Sexual assault is a crime, defined by the North Carolina criminal code.

The University of North Carolina at Pembroke publishes an annual report of campus crimes, including sexual assault, as is required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. This landmark federal law, originally known as the Campus Security Act, requires colleges and universities across the United States to disclose information about crime on and around their campuses.

Definitions
Sexual assault may include any involuntary sexual act with which a person is threatened, coerced, or forced to engage in against his or her will or while temporarily or permanently incapacitated. Sexual assault may be committed by a stranger or by a person known by the victim.

Acts defined as sexual assault include rape, date rape, acquaintance rape, and gang rape, but may also include sexual touching of another person against his or her will or without consent, and forcing an unwilling person to touch another person sexually.

Sexual assault occurs when such acts are committed either by force, threat, or intimidation, or through the use of the victim’s mental or physical helplessness, of which the assailant was aware or should have been aware.

Identifying Drug Facilitated Sexual Assault
There has been an increase of drug related sexual assaults. Rohypnol and GHB are perhaps the most widely publicized. Due to the accessibility of these drugs and others, it is essential for those parties involved to consider a full range of drugs that have sedative or hypnotic effects and not to focus on detecting a single drug. Drugs used to facilitate rape generally produce an anesthesia like effect, rendering victims unconscious or unable to give consent. Depending on the type of drug administered, the victim of a drug-facilitated sexual assault may exhibit signs of memory loss, dizziness, confusion, drowsiness, or a variety of other symptoms. The victim may be unable to provide a complete account of the assault or of the events surrounding it. Due to the memory loss, there might be a delay in the reporting of the sexual assault. UNCP should view such delays as a natural consequence of the crime and do not allow reporting delays to discourage comprehensive and creative responses, including investigation. Even though it may be impossible to detect the drug used to facilitate the rape, it may still be possible to prosecute successfully-especially if investigators identify additional victims of the same rapist.

There needs to be immediate arrangements made for drug testing. Call either the campus police and/or Southeastern Regional Medical Center to make arrangements for testing.

Responsibility to Report
Any student, faculty member, staff member, administrator, or visitor to the campus who has experienced, witnessed, or has knowledge of a sexual assault may report the assault immediately to the University of North Carolina at Pembroke Campus Police. If the assault occurred outside the jurisdiction of the University Police, they will assist in reporting it to the proper authorities.

Sexual assault may also be reported to the Pembroke Police Department, if it occurred within the city limits, or to the police of another municipality if the assault occurred within another township or city that has a police force. It may be reported to the Robeson County Sheriff’s Department if it occurred outside city limits but within the county. Sexual assault may also be reported to the Robeson County Rape Crisis Center.

Preserving Evidence
It is important that evidence of sexual assault be preserved, because it may be needed for prosecuting the criminal case. Victims and others should not alter the scene of attack. The victim should not change clothes, bathe, shower, douche, drink or eat anything if possible, or brush her/his teeth before reporting the assault. Any items worn by the victim during the assault but are not currently being worn, and any materials encountered during the assault (i.e. bed sheets, blankets, etc.) should be placed in a brown paper bag and brought along with the victim to a local hospital emergency department that has kits to collect and preserve evidence of rape and sexual assault.

Availability of Counseling and Advocacy
Counseling and other mental health services for victims of sexual assault are available on campus and in the community. Students may use the Counseling Center at the University of North Carolina at Pembroke. Employees of the University may seek a one-time consultation for referral from the Counseling Center or contact the EAP through Human Resources.

Robeson County Rape Crisis may also assist with making referrals for individual counseling and support groups. Rape Crisis may also assist victims with identifying non-counseling campus and community resources that may be of additional help and serve as a victim advocate upon request.

Education and Awareness Programs
The University Health Center and The Counseling and Testing Center are responsible for planning and coordinating campus education and awareness programs about all forms of sexual assault, including rape, acquaintance rape, and other sex offenses. Programs are presented regularly throughout the academic year in residence halls, academic classes, and for other student organizations and settings that are likely to reach people throughout the campus community. Campus-wide education and awareness activities are also conducted during Sexual Assault Prevention and Awareness Week.

University Judicial System and Code of Conduct
When appropriate and regardless of whether the accused is criminally prosecuted, the University of North Carolina at Pembroke Police Department or any member of the University community may refer allegations of sexual assault to the University hearing and appeals system. This system provides a just and equitable process for dealing with alleged infractions by students of University rules, regulations, or laws. The system is informal and is intended to educate students, to help them make responsible decisions, and to be accountable for their actions.
A UNCP student who has been victimized by sexual assault may seek redress through the campus judicial system if the accused is also an enrolled student at The University of North Carolina at Pembroke. Such redress may be in conjunction with or in place of pressing charges in the court system. In order to charge a student for sexual assault within the University hearing and appeal system, the victim should report the offense to the Vice Chancellor for Student Affairs or his/her designee. Once the report is made, an investigation will be initiated by the Vice Chancellor for Student Affairs. The Campus Judicial Board (CJB) will be convened in cases where the accused denies the charges. The victim will be required to appear before the CJB and testify against the alleged assailant. Both students, the alleged assailant and the alleged victim, may have a non-participating friend/advisor from the campus community present with them throughout the hearing process and may present witnesses on their behalf. If a student is charged with conduct that may subject him or her to criminal prosecution, that student may have as his or her advisor an attorney who may be present, but cannot actively participate in any hearing or appeal except to consult with his or her client. Immediate suspension of the accused student will occur if the Vice Chancellor for Student Affairs concludes that the person’s continued presence at the University would constitute a clear and present danger to the health or welfare of other members of the University community. When such a suspension is imposed, a hearing of the charges against the suspended person shall be held as expeditiously as possible.
The penalty for a student found guilty of sexual assault will at minimum be conditional probation, with the maximum penalty being suspension or expulsion from the institution. In the most severe cases involving forced rape and/or physical injury involving a weapon, the penalty will be expulsion. The severity of the offense and the potential for subsequent harm to the victim/survivor or the community at large weigh heavily in the determination of what sanctions are imposed in such cases. The victim’s identity and all information concerning the offense are held in strict confidence by hearing authorities under the guidelines of FERPA. However, the University cannot guarantee confidentiality. Both the accuser and the person accused shall be informed in writing of the outcome of any campus judicial proceeding or grievance procedure in which sexual assault is alleged.

Training for Campus Judicial Board (CJB)
All members of the CJB should receive specific training about sexual assault prior to hearing sexual assault cases. Training should include, but not limited to: review of student code of conduct; review of legal definitions of sexual assault crimes; information refuting myths about sexual assault; training on issues of consent and coercion; information about judging credibility; including that a victim’s use of alcohol does not mean that s/he is lying about the assault; and information about appropriate sanctions such as expulsion. The training can be provided either from internal or external sources. Training should happen on an annual basis.

Accommodation/Change Options
Victims of sexual assault may receive assistance in making reasonable changes in their work, academic, or living situations. Students may request assistance in changing their living situations from the Student Housing Department. A room change will be approved if alternative space exists. The student may also request a lock change if the assailant had knowledge or previous access. The victim may also file a request form in the Registrar’s Office to remove his/her directory information from public access.

A victim of a sexual assault may also request the Associate Vice Chancellor for Academic Affairs to change his/her class schedule to avoid contact with the accused. Such requests will be honored when multiple sections of classes are available. Staff may request assistance in changing their work situations from their supervisors, work-study, graduate assistantship office, or Human Resources. Requests for such changes will be considered on the basis of their appropriateness and whether the requested change is reasonably available. Every effort will be made by the University to make the victim feel cared for and safe.

Rights of Alleged Assailants
Any student enrolled at UNCP who is accused of sexual assault, will be afforded full procedural due process in the investigation and adjudication of his/her case. This shall include the right to the presumption of innocence until proven guilty and the privilege against self-incrimination.

Residential Staff
Campus residential staff, such as resident assistants, hall directors, and resident administrators are often the first to come in contact with a victim of sexual assault. Therefore, it is important that all staff members receive training on how to respond to sexual assault victims. Training should include, but not limited to: review of student code of conduct; review of legal definitions of sexual assault crimes; information refuting myths about sexual assault; training on issues of consent and coercion; information about juding credibility; including a victim’s use of alcohol does not mean that s/he is lying about the assault; and information about appropriate sanctions resulting from a sexual perpetrator. Training should also include on-campus and off-campus resources and referrals; and information about maintaining confidentiality and appropriate reporting requirements. These trainings can be provided either from internal or external sources. Training should happen on an annual basis. It should be made clear to all residential staff how reports will be made. Victims’ confidentiality should be respected at all times with no information that identifies the victim being reported without his/her consent. Residential assistants have the responsibility to ensure safety whenever possible in the resident halls. Part of that responsibility is providing supports and information to our students. While it is not a mandate that our students use these supports, RAs must be skilled in providing such information or referrals whenever appropriate. RAs are required to report sexual assaults as per the Campus Security Act of 1998. All reports should be made to the resident administrator who then reports to the associate director of resident life who will notify campus police.

Student Health Services
At this time UNCP’s Student Health Center does not have Sexual Assault Nurse Examiners (SANEs) on staff. If a student comes into the Student Health Center who has been sexually assaulted, the nurse on duty will assess the situation and refer to Southeastern Regional Medical Center for a full rape evaluation as needed. Follow-up services may be provided through student health services if necessary.

Updated: Thursday, September 18, 2008

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