NDSCS College Catalog |
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| Sexual Assault Policy | |
| A goal of North Dakota State College of Science is to create a campus community free from interpersonal abuse including sexual assault. NDSCS commits its resources to the following twofold process: 1. to provide crisis intervention and judicial response for victims and alleged offenders; and 2. to educate and promote discussion on interpersonal abuse and violence. |
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| Definition: For the purpose of this policy, sexual assault is any sexual behavior between two or more people to which one person does not or cannot consent. In describing sexual assault, NDSCS relies upon North Dakota state law concerning sexual imposition which is much broader than the traditional concept of rape. NDSCS prohibits sexual acts or contacts with others which can involve compelling a victim to submit to sexual acts or contacts by force or threat of force, use of intoxicants to substantially impair the victim’s power to give consent, engaging in such acts when there is reasonable cause to believe the other person suffers from a mental state which renders him or her incapable of understanding the nature of the contact or where the victim is under 15 years of age. The abuse of alcohol or other substances does not relieve individuals of their responsibilities to themselves or others. Prohibited behavior includes all forcible and non-forcible sex offenses provided for under North Dakota state law. Examples of prohibited behavior include but are not limited to the following: | |
| • Acquaintance or date rape; | |
| • Stranger rape; | |
| • Attempted sexual acts by use of verbal or non-verbal threats; or | |
| • Indecent exposure. | |
| Intervention: The college has a coordinated response system that attends to the survivors’ physical and emotional well-being. | |
| The college directs judicial/disciplinary efforts that respect the personal rights of both victim and alleged perpetrator. | |
| All reports of sexual assault are treated with respect to the privacy of the involved individuals. Incidents are reported to appropriate departments and agencies in consideration of safety concerns and investigative needs. In addition, NDSCS publishes and disseminates annual statistics on incidents of sexual assault. | |
| Disciplinary: NDSCS imposes appropriate sanctions upon violators of the sexual assault policy. These sanctions can include but are not limited to suspension and expulsion. In addition, an individual charged may be subject to prosecution under North Dakota criminal statutes. | |
| NDSCS considers physical surroundings in addressing prevention of campus sexual assault. The college continually reviews and modifies the physical surroundings to foster security and safety. The college examines such factors as campus signs, lighting and locking procedures. For further safety information, contact the NDSCS Campus Police office. | |
| Reporting: The guiding principle in the report of a sexual assault is to avoid revictimizing the sexual assault survivor by forcing the person into any plan of action. Sexual assault survivors may contact any one of several NDSCS departments or community agencies for assistance. The following resources provide immediate aid or on-going consultation: | |
| Three Rivers Crisis Center (24 hours)............642-2115 | |
| NDSCS Crisis Center Advocate....................671-2344 | |
| NDSCS Campus Police................................671-2233 | |
| NDSCS Counseling Services........................671-2286/2916 | |
| NDSCS Health Services...............................671-2286 | |
| NDSCS Residence Life Director.......................671-2520/2224 | |
| Hope Unit.....................................................643-0499 | |
| Wahpeton Police..........................................642-7722 | |
| Emergency number (on-campus)...................9-911 | |
| Emergency number (off-campus)...................911 | |
| Help Line Crisis and Referral........................1-800-472-2911 (24 hours) | |
| A report of sexual assault will be handled by the following procedures: | |
| 1. In the event of a medical emergency, medical response personnel will be contacted. | |
| 2. It is recognized that a sexual assault survivor may be undecided in reporting the assault to the police. A report to the police can empower the survivor in exercising legal rights and aid in the protection of others. If a report is to be made to the police, the survivor will be encouraged not to destroy evidence by bathing, douching, changing clothes or cleaning up in any way. If the sexual assault survivor is undecided in reporting, the survivor will be encouraged to preserve evidence anyway, in case the individual decides to file a police report at a later date. | |
| 3. The sexual assault survivor who does not wish to see the police will be encouraged to go to the hospital. A medical exam will treat physical problems and may diminish fears about injury, venereal disease or pregnancy. The medical exam includes preserving evidence in the event the sexual assault survivor later chooses to file a police report. | |
| 4. If the survivor has agreed to contact the Campus Police, NDSCS Counseling Services and the NDSCS Crisis Center Advocate will be notified for immediate emergency assistance. The counseling services director and/or appropriate person assigned will support the survivor experiencing possible conflicting feelings and aid in developing options. | |
| If the sexual assault survivor has decided not to report the assault, the counselor will maintain confidentiality. Other alternatives include: | |
| a. The sexual assault survivor can make an anonymous report to the police. | |
| b. The sexual assault survivor can make the decision to report later. However, earlier reports may improve the preparation of a viable prosecution. It is noted that some sexual assault survivors have waited for days or years to seek help. At anytime, survivors of sexual assault may seek counseling from the NDSCS Counseling Services or other community counseling services. | |
| 5. The sexual assault survivor may choose to contact the NDSCS director of student life/judicial officer for clarification of survivor rights. If the incident occurred off-campus and involved an NDSCS student, the sexual assault survivor will be advised to consider contacting the appropriate police department and filing a police report. | |
| 6. If violence occurs on-campus and the student contacts the director of student life/judicial officer, the procedures to be followed are outlined in the “College Disciplinary Policy,” available at the Residence Life office. Initially, the student making an accusation can expect the following assistance from the judicial officer: | |
| a. The sexual assault survivor will be encouraged to file a police report. The student may also be encouraged to seek assistance at the NDSCS Counseling Services. If the student does not choose to file a report, the student may still request procedural services from the judicial officer. | |
| b. On-campus adjudication is conducted through the director of student life. Further proceedings are outlined in the “College Disciplinary Policy” in the Student Policy Guide. Disciplinary proceedings following a sexual assault report include: | |
| • the right of the accuser and the accused to have the same opportunities in having others present during the campus disciplinary process; and | |
| • the right of the accuser and the accused to be informed of the outcome of the campus disciplinary process. | |
| c. In the event of an off-campus prosecution, the college reserves the right to proceed with an on-campus adjudication, based on the court’s guilty finding, with or without the participation of the sexual assault survivor. | |
| 7. NDSCS offers the following services: | |
| • Parking re-assignment; | |
| • Escort services; | |
| • Place of residence and phone number change; | |
| • Restraining order assistance; | |
| • Academic schedule adjustments; | |
| • College withdrawal; and | |
| • Student judicial procedures. | |
| Portions of this policy are reprinted pending permission from appropriate resources. | |
