Sexual Assault

I. Conduct Standard
II. Options for Complainants
III. Procedures for a Formal Charge of Sexual Assault
IV. Support Services for Complainants
V. Support Services for the Respondent

Sexual assault is defined as sexual contact and/or activity that takes place without the effective consent of the other individual(s) involved.  Effective Consent is shown by the exchange of mutually understandable words or actions between the parties to sexual contact and/or activity.  In order to be effective, consent cannot be obtained by the use of force, intimidation, threat, coercion, physical helplessness and/or incapacitation.  Sexual activity with someone a person knows to be, or should know to be, mentally or physically incapacitated (because of disability, alcohol or other drug use, sleep, unconsciousness, or bodily restraint) is a violation of this policy.  It should also be noted that silence, previous sexual contact, and/or a current relationship between the parties may not be taken as an indication of effective consent.

Examples of sexual assault include, but are not limited to, the following offenses:

a)      Category 1:  Rape (anal, oral or vaginal intercourse without consent or through force, intimidation, threat, coercion, physical helplessness, and/or incapacitation).  Intercourse is penetration, however slight, with any object (finger, penis, tongue, or other instrument).    

b)      Category 2:  Any actual or attempted non-consensual sexual activity, including but not limited to: attempted rape, fondling, kissing, groping, touching another person’s intimate parts (defined as genitalia, groin, breast, buttocks, lips, or the clothing covering them) or compelling a person to touch his or her own or another person’s intimate parts without effective consent.      

c)      Category 3:  Threats, actual or implied, of sexual contact and/or activity that result in intimidation, fear or apprehension of a sexual assault or physical harm.  These might include, but are not limited to: threatening gestures, words, or e-mails; obscene phone calls; stalking; indecent exposure or voyeurism. 

 Conduct that does not violate this policy may violate other university policies and subject a student to disciplinary action.

II. Options for the Complainant

There is a range of options available to a student who believes that she/he has experienced a sexual assault.  From choosing not to report the incident at all, to choosing to file criminal charges with the Sewanee Police Department, this is a personal decision. 

However, members of the University community who are the victims of, or have knowledge of, a sexual assault occurring on University property, or occurring in the course of a University sponsored activity, or perpetrated by a member of the University community are urged to report the incident promptly. Choosing to report an incident to a dean of students, unless a student requests an official police report, does not obligate a report to the Sewanee Police Department or other legal authorities under any circumstances.  Names of students who report a sexual assault to the deans, and names of respondents, will not be released by the University to the public or media.

The options for complainants include the following:

Internal (University) Options

Report Incident with No Action 
The complainant may inform any of the deans of students of the alleged sexual assault.  While the dean may keep a record of the incident, there will be no action taken against the alleged assailant.  A record of the incident will be kept in case the complainant decides to file formal charges of sexual assault at a later time.  A “record” of the incident contains the following information: date and location of incident, class year and gender of involved parties; the complainant may choose, but is not obligated, to provide additional information in this “record” of the incident.   The record will be kept confidential and no information will be added to either student’s academic record. 

Report Incident with Informal Action 
The complainant may inform any of the deans of students of the alleged sexual assault.  Through discussion with the dean, the complainant may pursue informal resolution of alleged incident of sexual assault.  This informal resolution may be found through mediation, writing a letter to the alleged assailant, or other means.  The dean may also speak to the alleged assailant on behalf of the complainant.   While the dean will keep a record of the incident and will document any informal action taken at that time, there will be no formal disciplinary action taken against the alleged assailant.  Again, a record of the incident will be kept in case the complainant decides to file formal charges of sexual assault at a later time.  The record will be kept confidential, and no information will be added to either student’s academic record.

Report Incident for No Contact Agreement
The complainant may inform any of the deans of students of the alleged sexual assault.  Through discussion with the dean, the complainant may request the establishment of a No Contact Agreement between the complainant and alleged respondent.  While a No Contact agreement does not establish whether or not the alleged assault occurred, it does establish that the two students involved agree to have no further contact for a specified period of time.  Both students must sign and pledge the agreement.  An example of a No Contact agreement is provided below:

From now until (date to be determined), I, (name of student), will have no contact with (name of student).  I will not contact the aforementioned student in person, via mail, via e-mail, via telephone, or any other means of communication nor will I engage in conversations about the aforementioned student. I further agree to maintain a reasonable distance from the aforementioned student so that I do not cause him/her discomfort or uneasiness. I understand that violation of this agreement will result in disciplinary action.

Report Incident with Formal Charge of Sexual Assault
Filing a formal charge of sexual assault against another student could result in formal disciplinary action, if the alleged respondent is found responsible.  Possible sanctions include warning, probation, suspension, and expulsion.  Students involved may also be required to attend appropriate drug or alcohol rehabilitation programs, or other types of counseling.

 To file a formal charge of sexual assault, the complainant must inform one of the deans of students of the alleged sexual assault.  This can be done in writing or in person.  If a student chooses to make formal charges of sexual assault against another student, the charges will be adjudicated in a hearing by the Faculty Discipline Committee.

See Section III for more information regarding a formal charge.

External Options
If a complainant wishes to pursue external judicial options, he or she may choose to meet with the Sewanee Police to learn more about the processes involved.  The University will not voluntarily release the name of the complainant to external authorities without the written permission of the complainant, but Sewanee does encourage victims to consult fully about legal options. 

III. Procedures for a Formal Charge of Sexual Assault

 After a charge has been filed (as explained in section II), the following steps will occur:

Appointment of an Investigator: After a dean of students has received a formal charge of sexual assault, the Dean of Students will typically be informed of the charge within 24 hours.  Normally, the Dean of Students will appoint an investigator (one of the other deans) within 3 class days.

Notification to respondent: The Dean of Students will inform the respondent of the charges pending against him or her typically within 5 class days of learning that a formal charge is being pursued.  At that time, the respondent will be informed of the services that are available to him or her (detailed below). Additionally, the respondent will be notified of the actual date and time of the hearing at least 24 hours prior to the hearing.

Convening of the Faculty Discipline Committee: The Faculty Discipline Committee is composed of the Dean of Students and four faculty members, whom are elected by the faculty, typically for a four-year term.  The Dean of Students is the chair of the committee.  There are no students on the Faculty Discipline Committee.  Three members of the Faculty Discipline Committee constitute a quorum and must be present at all stages of a hearing.   Faculty Discipline Committee members who have a close relationship with the students involved or who are closely connected to the issue being adjudicated and who might, therefore, have a difficult time rendering impartial judgment should recuse themselves from the hearing.  The committee member should discuss this possibility with the chair of the committee prior to a hearing.  If a faculty member has a demonstrable personal bias for or against an accused and does not withdraw on his or her own initiative, the chair will submit the question to a vote by the other members of the committee.  At the discretion of the chair, a faculty member who recuses himself/herself from the hearing may, nevertheless, be allowed to present a statement to the committee or serve as a character witness.  (The members of the Faculty Discipline Committee are as follows: Eric Hartman - Chair, Tam Parker, Tom Macfie, Helen Bateman, John Shibata, and Mark Preslar.)

Confidentiality: Throughout the process for resolving a formal charge of sexual assault, reasonable efforts will be made to maintain the students’ confidentiality.  At different times in the process, however, it may be important to discuss the alleged incident with witnesses and/or others who have information that is pertinent to the case; or on a need-to-know basis.  All students involved in the process are strongly urged to use discretion in discussing the incident or the identities of other student involved in the process.  In a small community, public discussion of sexual assault cases can be very hurtful.

Investigation:  The investigator will meet with each of the students involved in the alleged incident as well as any possible witnesses.  The investigator will ask all parties involved in the case to submit a written statement regarding the incident; however, providing a written account is an option, not a requirement of the process.  The investigator will present the reports to the members of the Faculty Discipline Committee prior to the hearing.  The students will have an opportunity to see the other report/s at the beginning of the hearing.  The investigation portion of the process typically takes 5 – 10 class days.

Character Witness:  The complainant and respondent are permitted to invite a member of the college community (faculty, staff, or student) to speak to their character during the official hearing.  This witness will only be present at the hearing during his or her statement.

Hearing Advisors: The complainant and respondent may be accompanied in the hearing by his/her respective consultant (please see sections IV & V for more information about the consultant role).  This consultant may not speak aloud during the hearing, but he/she may confer quietly or by means of written notes with the complainant.  It should be noted that the complainant/respondent is not obligated to accept the counsel offered by the consultant; the consultant offers advice and nothing more.

Hearing Process: 

• Written statements are reviewed by the FDC.
• Character witnesses share verbal statements with the FDC.
• The complainant shares a verbal statement with the FDC; followed by any questions that the FDC may have for the complainant.
• The respondent shares a verbal statement with the FDC; followed by any questions that the FDC may have for the respondent.
• Any witnesses that have information pertaining to the incident will be given a chance to speak with, and be questioned by, the FDC.
• If necessary, the FDC may recall the complainant, respondent or any witness for further questioning.
• Hearing concludes.  FDC deliberates in order to determine responsibility.

All students making statements to the committee will be reminded that the Honor Code applies to their statements.  Non-students who provide statements will be reminded that honesty is imperative. The complainant and respondent will never be in the hearing room at the same time.  Efforts will also be made to ensure that the students will not wait in the same area outside the hearing room.  Hearings of the committee will not be recorded unless special permission is requested and granted by the chair.

Determination of Responsibility: The FDC will hold a closed meeting and will make a decision in the form of a recommendation to the Dean of Students who has authority to accept, modify, or reject the recommendation of the committee.  The decision of whether or not a student is responsible for the alleged charges depends upon a “preponderance of evidence.”  A “preponderance of evidence” means that there is 51% certainty that the respondent is responsible for a violation of the sexual assault policy. 

Notification of decision and sanctions:  The Dean of Students will notify the respondent of the determination of responsibility as well as any sanctions that may apply.   If the student is to be suspended and/or expelled, he or she must vacate campus within twenty-four hours. 

The complainant will also be notified of the decision by the Dean of Students.

Proceedings and decisions of the committee will not be disclosed except on a need to know basis.  All notes and written material from the hearing will be collected and held by the Dean of Students for five years, at which time they will be destroyed or, at the dean’s discretion, preserved.

The University of the South, while recognizing the individual resilience that can be found among many complainants, and while understanding the desire of some persons to keep sexual matters entirely private, also realizes that sexual assault can represent a situation in which community assistance is both necessary and helpful.  Accordingly, it seeks to make known a wide range of voluntary services that can be found on and off campus (and all the services/offices listed below contain both male and female staff). These include but are not limited to:

University Health Services (x1270) & Emerald Hodgson Hospital
It is extremely important for a complainant to get immediate medical attention that includes treatment of any physical problems and lab tests for sexually transmitted diseases and pregnancy.   Collecting forensic evidence does not require a student to pursue legal or disciplinary action, but it does preserve this as an option.  If a student would like to obtain emergency contraception and she does not receive it at Emerald Hodgson, she can contact a UHS nurse at home (Maryellen McCone 598-9217 or Anne Sitz 598-0354) if it is a weekend, or during the week, she can go to UHS the following day and receive it then.  UHS can also assist in the ongoing care for physical injuries sustained in an assault.

Sewanee Police Department (x1111)
If a student has been sexually assaulted, he/she is encouraged to report the incident to the police.  Officers are available to provide transportation to Emerald Hodgson Hospital Emergency Room. 

Deans of Students (x1229)
A dean is on-call 24 hours a day.  If a student needs to speak with a dean after 5 p.m. or on a weekend call x1111 and ask for the dean-on-call.  They will assist students with all options including formal charges.  If a student requests help from the Deans, he/she is not required to pursue formal charges. 

Women’s Center (x2727 or x2725)
Members of the Women’s Center are trained in matters of sexual assault and are available to help students find assistance and consider options.

Counseling Services (x1325)
Individual short-term and crisis counseling is available at Counseling Services; the counselors have experience in supporting students in the aftermath of a sexual assault.  If a student needs to speak with a Counselor after 5 p.m. or on a weekend, call x1111 and ask for the dean-on-call to get him/her in touch with a Counselor. 

Academic Deans (x1248)
If, in the aftermath of a sexual assault, or due to a hearing that is related to sexual assault, the complainant’s ability to produce quality academic work in a timely manner is affected, he/she may want to confer with an academic dean.

Chaplains (x1426)
The Chaplains are available to provide supportive counseling and assistance.

Residential Life Staff (x1446)
Head Residents, Proctors and APs are available to help students find assistance and consider options.

Consultant for the Complainant (Hearing Advisor)
The Consultant for the Complainant (typically the dean who served as the initial contact for the complainant serves as the Consultant for the Complainant) is familiar with the formal processes for hearing cases of sexual assault and may be helpful to the complainant.  The consultant may attend the hearing with the complainant as outlined in Section III.  Furthermore, all consultants are familiar with the following topics of discussion:

• The University’s conduct standard for sexual assault.
• The University resources available to the complainant.
• The option of informing parents and guardians of the matter.  Even though parents cannot participate in the campus hearing, they can provide moral support and advice.
• The option of consulting a lawyer.  While an attorney cannot participate in an on-campus hearing, if a complainant chooses to advance the matter to criminal or civil courts, legal counsel can be important.

V. Support Services for the Respondent

Counseling Services (x1325)
A person accused of sexual assault may experience stress and confusion, whether or not he/she is responsible.  He/she is welcome to confer with the counselors at Counseling Services so as to deal better with personal pressures.  A psychological counselor is not bound to share an admission of responsibility with the Dean of Students, except in cases where there is imminent threat of danger. 

Academic Deans (x1248)
If, in the aftermath of an accusation of sexual assault, or due to a hearing that is related to sexual assault, the ability of a respondent to produce quality academic work in a timely manner is affected, he/she may want to confer with an academic dean.

Chaplains (x1426)
The Chaplains are available to provide supportive counseling and assistance.

Residential Life Staff (x1446)
Head Residents, Proctors and APs are available for support.

Consultant for the Respondent (Hearing Advisor)
The student accused of sexual assault may confer with a Consultant for the Respondent (2007-2008 Consultants are: Larry Jones, Nancy Ladd, Christian Miller, and Max Obermiller).  A consultant is familiar with the formal processes for hearing cases of sexual assault and may be helpful to the respondent.  The consultant may attend the hearing with the respondent as outlined in Section III.  Furthermore, all consultants are familiar with the following topics of discussion:

• The seriousness of the charge(s), procedure, and possible penalties if found responsible.
• The University’s conduct standard for sexual assault.
• The University resources available to the respondent.
• The option of informing parents and guardians of the matter.  Even though parents cannot participate in the campus hearing, they can provide moral support and advice.
• The option of consulting a lawyer.  While an attorney cannot participate in an on-campus hearing, if the matter passes to the criminal or civil courts, legal counsel can be important.

There are limitations on the role of the Consultant to the Respondent.

• The Consultant must instruct the respondent, before they begin to talk, that he or she cannot provide absolute confidentiality; and he/she must state to the respondent that if he or she chooses to testify, that he or she should tell the truth.  If despite this caveat, the respondent were to confess to wrongdoing, the Consultant would be obligated to inform the Dean of Students.