Student Handbook: Sexual Assault
SEXUAL ASSAULT POLICY
Policy revised May 2009
Sexual assault is a criminal act that violates the standards of our community and is unacceptable at the University. Sexual assault can be devastating to the person who experiences it directly and can be traumatic to the person’s family, friends, and larger community as well. This policy pertains to incidents of sexual assault between students as well as sexual assaults against students by non-student perpetrators. To report a violation of this policy, follow the procedures outlined below.
For reference, sexual harassment is defined as unwelcome or offensive sexual advances, requests for sexual favors, unwanted or uninvited verbal suggestions or comments of a sexual nature, or objectionable physical contact. In some cases, sexual assault may also constitute sexual harassment. For information regarding reporting issues of sexual harassment, as opposed to sexual assault, see the University’s Sexual Harassment policy.
Definition:
Sexual Assault (Category I) is defined as engaging in sexual intercourse with any person without that person’s consent. Sexual intercourse is the penetration, however slight, of the vagina, or anus with any object or body part, and of the mouth with a sexual body part or sexual object.
Sexual Assault (Category II) is defined as the act of making sexual contact with the intimate body part of another person without that person’s consent. Intimate body parts include the sexual organs, the anus, the groin or buttocks of any person, or the breasts of a female. Sexual contact can occur over clothing.
Consent is defined as an unambiguous and willful participation or cooperation in an act or as an attitude that is commonly understood to be consistent with the exercise of free will. Consent requires participants who are fully conscious, are equally free to act, have clearly communicated their willingness, cooperation, or permission to participate in a specific sexual activity, are positive and clear in their desires, and are able to cease ongoing consensual activity at any time. Refusal to consent does not have to be verbal; it can be expressed with gestures, body language or attitude. A prior sexual history between the complainant and respondent does not constitute consent. Consent is not freely given if one of the following applies:
a) The individual is unable to make an informed decision as a result of alcohol or other drugs (including but not limited to predatory drugs or prescribed medications); or
b) The individual is unconscious, asleep, or suffering from shock; or
c) The individual is under the age of eighteen and therefore legally unable to give consent; or
d) The individual has a known mental disorder or developmental or physical disability, and therefore legally unable to give consent.
It is important to note that in the University process, use of alcohol does not diminish personal responsibility or act as a mitigating factor in disciplinary sanctions should a violation be found to have occurred.
College and Community Resources:
The needs of someone who has been sexually assaulted vary from person to person and may vary over time. The University offers services and external resources, many of which may be accessed 24 hours a day, so that a person may choose what she or he would find most helpful and healing.
The University urges anyone who has been sexually assaulted to seek professional support as soon as possible to minimize and treat physical harm, assist with processing the unique and complex emotional aftermath, and help preserve and understand options for legal recourse including criminal prosecution and/or civil litigation. Even if the victim does not wish to report the event to the police or pursue civil litigation or formal University action, seeking medical attention as soon as possible is important. At any point that an individual is ready to come forward, Biola is prepared to help her or him.
The University offers educational resources to the campus community through the Division of Student Development, the Department of Campus Safety and the Physical Education Department (Rape and Aggression Defense system).
Biola Sexual Assault Crisis Response Team:
The University’s Sexual Assault Crisis Response Team is available for referral and support services. Members of the team are trained to assist victims by providing information and discussing available resources and options (medical, legal, emotional, and academic), by making referrals and providing access to appropriate University and community services as needed, and providing on-going follow-up to the victim.
The contact members are:
- Matthew Hooper, Associate Dean of Students x5839
- Krista Roberts, Assistant Director of Residence Life x5872
Students who believe they have experienced a violation of the Sexual Assault Policy are encouraged to contact the Sexual Assault Crisis Response Team for assistance.
Other Available Resources:
Biola Counseling Center: 562-903-4800
Information and resource referral, Professional Building
Biola Health Center: 562-903-4841
Medical and information resource, next to Library
Coordinator of Student Care x4874 or 562-903-4874
Information about the sexual assault policy, Student Services building
Biola Campus Safety Department: x5111
Emergency Response
Biola external emergency line: 562-777-4000
National Sexual Assault Hotline: 1-800-656-HOPE
Sexual Assault Crisis Hotline 24 hour: 714-957-2737
Local hospitals that have a SART (Sexual Assault Response Team):
Whittier Presbyterian Intercommunity Hospital
12401 Washington Blvd.
Whittier, CA 90602
562-698-0811
Long Beach Community Hospital
1720 Termino Ave.
Long Beach, CA 90804
562-498-1000
Reporting:
Individuals are strongly encouraged to report alleged incidents of sexual assault immediately to the department of Campus Safety and/or other local law enforcement. Campus Safety personnel will assist and advise regarding the importance of preserving evidence for the proof of a criminal offense and to whom the alleged offense should be reported. However, it is the individual’s decision whether or not to file a police report. Individuals will have access to support and referral services on-campus regardless of whether or not she/he decides to report the incident to local law enforcement. All reports of alleged violations of this policy received outside of the procedures described in the paragraph below will be investigated and appropriate disciplinary action will be taken regardless of whether a police report has been filed.
The University will evaluate allegations of sexual assault and, when appropriate, will take disciplinary action in accordance with the sexual assault hearing process set forth in this policy. Reports can be made directly to the Student Development office. If the alleged perpetrator is a University employee, reports should be made directly to the Director of Human Resources and further investigation with Student Development according to applicable faculty and/or staff personnel policies.
The Process:
The process described below applies to alleged sexual assault perpetrated against a student (“complainant”) by another student (“respondent”) (for all other alleged violations of the Biola Community Standards or other University policy, refer to the general policies and procedures section of the Student Handbook). Upon receipt of a report or complaint, whether oral or written, of an alleged violation, the Dean of Students (which, for all purposes described in this section, includes his or her designee) as well as the Chief of Campus Safety will begin a preliminary investigation of the incident. The Dean of Students in conjunction with the Chief of Campus Safety will meet with the complainant and the respondent separately to explain the process and obtain from each a written statement and list of witnesses, if any, who have information pertinent to the incident.
A preliminary investigation by the Chief of Campus Safety will be conducted. The information associated with the investigation will be forwarded to the Dean of Students who will determine whether “interim sanctions” should be invoked. This process seeks to assess the need to remove any person from campus deemed an immediate threat or danger to any member of the campus community or to take other temporary actions to protect the safety of the complainant.
Upon receipt of the investigation, and allegations, a determination will be made by the Dean of Students as to whether or not there is a sufficient basis to conduct a sexual assault hearing. Insufficient basis to conduct a hearing does not necessarily dispute the accuracy of the charges, but instead reflects the strength of the evidence available and does not imply that there is not a victim or there was no sexual assault.
If the Dean determines that a sufficient basis exists to conduct a hearing, he or she will gather all relevant information and prepare the matter to be heard by the Sexual Assault Hearing Committee (SAHC). The complainant and respondent will generally be given at least twenty-four (24) hour advance notice of the scheduled meeting time for the SAHC Hearing.
Students are expected to participate in the hearing process when they are called as a complainant, respondent, or witness to a hearing. Should a student fail to appear for a hearing or fail to provide a written statement when proper notification has been given, the hearing will proceed without benefit of that student’s input.
All individuals participating in the sexual assault hearing process are expected to tell the full and complete truth. In order to ensure this outcome, individuals participating in said hearings should expect the committee to exercise discernment and discretion regarding how to appropriately respond to other violations of the Biola Community Standards or University policy that may arise in the hearing process. Victims of sexual assault should not let fear of “getting in trouble” because of alcohol use keep them from reporting a sexual assault.
Rights of the Individual Alleging the Violation (Complainant)
The Complainant has:
• The right to make a complaint that will initiate the hearing process.
• The right to a timely hearing after filing a complaint (cases reported just prior to the end of a semester may be delayed by the semester break period).
• The right to an advisor (defined later in this policy) of her or his choice, in consultation with the Dean (or the Dean’s designee) who will assist the individual through the student discipline process.
• The right to confront opposing evidence.
• The right to provide witnesses and evidence pertaining to the case.
• The right to be informed as soon as possible of the outcome of the hearing.
• The right to confidentiality of the student hearing process to the extent possible.
• The right to request academic schedule adjustments or other academic assistance for missed classes or exams, or help with rearranging coursework.
• The right to request a change of on-campus housing if both you and the accused live on campus, or you may request that the accused be moved pending a sexual assault hearing.
• The right to request an ‘on-campus, no contact order’ for the respondent as an interim measure.
• The right to on-campus emergency counseling sessions with a member of the Biola Counseling Center staff.
• The right to seek off-campus medical and counseling services.
• The right to seek assistance from the Sexual Assault Crisis Response Team, a member of the Biola Counseling Center staff in a client relationship, or the Associate Dean of Spiritual Development in a confessor relationship.
• The right to file a police report and/or take legal civil action separate from and/or in addition to student discipline action.
Rights of the Individual Accused of Sexual Assault (Respondent)
The Respondent has:
• The right to receive written notice of the charges.
• The right to a timely hearing after being notified of the complaint (cases reported just prior to the end of a semester may be delayed by the semester break period).
• The right to an advisor of her or his choice, in consultation with the Dean (or the Dean’s designee) who will assist the individual through the student hearing process.
• The right to pursue his or her educational experience while the hearing process is still pending free from harassment by the complainant or individuals connected to the complainant. Anyone who feels the complainant has inappropriately contacted them or individuals connected to the complainant should immediately contact Campus Safety.
• The right to not be required to give incriminating evidence (the University may make negative inferences from the accused student’s decision to not give testimony).
• The right to confront opposing evidence.
• The right to provide witnesses and evidence pertaining to the case.
• The right to be informed as soon as possible of the outcome of the hearing.
• The right to confidentiality of the hearing process to the extent possible.
• The right to on-campus emergency counseling sessions with a member of the Biola Counseling Center staff.
• The right to seek confidential assistance from a member of the Biola Counseling Center staff in a client relationship, or the Associate Dean of Spiritual Development in a confessor relationship.
• The right to seek outside counseling support.
Advisors:
Both the complainant and the respondent involved in the hearing process have the option of choosing — in consultation with the Dean of Students — a faculty or staff member as an advisor to accompany them through the process. The advisor may not be a student, parent, relative, an attorney, or representative of an attorney. Members of the SAHC or individuals who will be serving as a witness in the case may not serve as an advisor. The advisor is not an advocate for the student in the proceedings and may not address the SAHC or speak on behalf of the student. The advisor may speak with the student privately and in a manner that is not disruptive to the hearing process. The respective student’s advisor may be present at any time at which the student they are advising is meeting with the SAHC or other member of the University staff regarding the hearing process and at which the student wishes for them to be present.
The advisor is obligated to maintain the confidentiality of the nature of the allegation(s), the content of the hearing process, and the privacy of the complainant, respondent, and any witnesses known to the advisor.
Sexual Assault Hearing Committee:
The sexual assault hearing committee is comprised of the *Dean of Student Development (Chair), Associate Dean of Residence Life or the Director of Residence Life, the Director of the Learning Center, the Chief of Campus Safety and one faculty member. At least four members must be present to convene the committee. The Dean of Students (or designee) serves as the discipline process facilitator for all sexual assault cases and may be present during the hearing. The facilitator’s role is to assist the Chair and to ensure compliance with the process and procedures outlined below.
It is expected that SAHC members will exhibit the highest ethical standards and disqualify themselves if they believe they cannot be impartial or fulfill their obligation to maintain the confidentiality of the process and the dignity and privacy of the respondent, the complainant, and any witnesses before, during, and/or after the hearing. Both the respondent and complainant may raise issues of concern about the impartiality of a member of the SAHC convened for a particular case. The Dean of Students has the sole discretion to decide whether a SAHC member can be impartial and will remove anyone whom he/she determines is unable to be impartial and/or respectful of the confidentiality of the process and privacy of the individuals involved.
*The Dean of Student Development and Dean of Students are two separate positions.
Outline of Hearing:
1. SAHC proceedings are closed to all parties except the individual student(s), the SAHC members, the Dean of Students or designee, witnesses, and the respective student’s advisor. The complainant and respondent will be absent from the room while the other party and any witnesses appear before the SAHC.
2. The Chair will convene the SAHC.
3. The Chair will introduce the SAHC members to the complainant and explain the process.
4. The complainant will be asked to make a statement and respond to questions from the SAHC members. The complainant will be excused until recalled for further questions and/or a final statement.
5. The Chair will invite the respondent into the hearing and will introduce the SAHC members to the respondent and explain the process.
6. The respondent will be asked to make a statement and answer questions from the SAHC members. The respondent will be excused until recalled for further questions and/or a final statement.
7. Any witnesses will individually be asked to make a statement and respond to questions from the SAHC.
8. All participants must be available for recall by the SAHC for additional questioning until the chair excuses them.
9. The Chair will give members of the committee the opportunity to ask the respondent any follow-up questions, and will give the respondent an opportunity to make a final statement to the SAHC. The respondent is then excused from the proceedings.
10. The Chair will give members of the committee the opportunity to ask the complainant any follow-up questions, and will give the complainant an opportunity to make a final statement to the SAHC. The complainant is then excused from the proceedings.
11. The SAHC will deliberate in private and weighing all of the evidence, the SAHC must determine whether it is more likely than not that a sexual assault occurred. This level of proof is commonly referred to as a “preponderance of the evidence.” This level is a lesser level than that in the criminal justice system, which requires that a case be established “beyond a reasonable doubt.” The SAHC will determine one of the following appropriate findings by majority vote:
a. It is more likely than not that the alleged violation occurred and the respondent is responsible and impose sanctions, as appropriate; or
b. It is more likely than not that the alleged violation did not occur and the respondent is not responsible; or
c. There is not sufficient information available to make a determination.
Note: In the event of a finding of (b) or (c) is reached by the team, the finding is not necessarily based on the accuracy of the charges, but rather on the strength of the evidence available. The Chair of the SAHC and the Dean of Students will communicate the finding of the SAHC to the respondent and the complainant in writing and/or in person generally within seven (7) business days. Unavoidable delay in providing notice of outcome is not grounds for an appeal.
Sanctions:
Students found responsible for having committed a sexual assault (both category I and II) will be suspended for a minimum of one (1) semester and may be subject to other sanctions up to and including expulsion from the University.
Confidentiality:
The University will make every reasonable effort to preserve an individual’s privacy and protect the confidentiality of information related to sexual assault. The degree to which confidentiality can be protected, however, depends upon the professional role of the person being consulted. The professional being consulted should make these limits clear before any disclosure of facts. An individual can speak confidentially with certain persons in legally protected roles. They include counselors at the Biola Counseling Center, medical clinicians, clergy and sexual assault counselors. Exceptions to maintaining confidentiality are set by law; for example, physicians and nurses who treat a physical injury sustained during sexual assault are required to report to law enforcement. Also, physicians, nurses, psychologists, psychiatrists and social workers must report a sexual assault committed against a person under 18 years of age to a child protective agency. Information shared with other individuals is not legally protected from being disclosed. For example, the Dean or the Associate Dean of Students or a Resident Director or Assistant may need to inform other individuals to protect their safety or rights, in fairness to the persons involved, or in response to legal requirements.
The University may issue a safety awareness alert, which is a brief description including time and location, to notify the community about the occurrence of a serious crime or pattern of crimes that might put the public at risk. As required by law, all disclosures to any University employee of an on-campus sexual assault must be reported for statistical purposes only (without personal identifiers) to the Campus Safety Department, which has the responsibility for annually tabulating and publishing sexual assault and other crime statistics.
The confidentiality of disciplinary proceedings deserves special mention. Honoring the confidentiality of sexual assault proceedings and their outcomes is the responsibility of the accused, the victim, the institution, and all others participating in or privy to those proceedings. Unless disclosure is authorized by law, failure to respect the confidentiality of the proceedings and their outcome may result in disciplinary consequences within the University.
Because sexual assault is a serious crime that may threaten the community as a whole, the University may be obliged to pursue an alleged sexual assault through internal disciplinary procedures without the cooperation of the victim. In such instances, the University will inform the victim of its obligation to address a community safety issue.
Appeal Process:
This process applies to an appeal of a decision made by the SAHC. The complainant and/or respondent may submit an appeal of a SAHC decision.
Appeals must be in writing and submitted to the Vice President of Student Development’s office (or his or her designee) within five (5) business days of when the decision is communicated to the parties. An appeal must be in writing and consist of a statement outlining and supporting the specific grounds on which the student is appealing.
An appeal must be based on one or more of the following grounds:
1. A process or procedural error was made that was significantly prejudicial to the outcome of the hearing as it affects the student appealing.
2. New information that was not available or known to the student appealing at the time of the hearing has arisen which, when considered, may materially alter the outcome. Note: Information that the appealing student chose not to present at the time of the hearing is not considered new information.
If an appeal is received from either the complainant or the respondent, the Vice President of Student Development will notify, in writing, the non-appealing student within five (5) business days of receipt of the appeal that an appeal has been filed and the ground(s) upon which the appeal has been made. Within five (5) business days of such notification, the non-appealing student may submit a written statement to the Vice President of Student Development that he/she wishes to be considered.
During the consideration of an appeal, the Vice President of Student Development will determine if sanctions imposed by the SAHC will be temporarily suspended or modified.
The Vice President will consider the merits of an appeal on the basis of the information provided in the student’s written statement, all the material or testimony previously presented, or a written summary of the previous proceedings. The Vice President will review appeals to determine whether the original decision is supported by substantial evidence. The Vice President will communicate his or her decision on the student’s appeal in writing no later than seven (7) days following receipt of the appeal. The Vice President of Student Development’s decision on the appeal is final and no other office will accept or review appeals.
We want to acknowledge The University of Chicago and Westmont College for allowing their institutions’ sexual assault policies to be primary sources of reference in creating this revised [May 2009] policy
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