Am I a Victim?
What is Consent
Consent to engage in sexual activity must be knowing and voluntary; it must exist from the beginning to end of each instance of sexual activity and for each form of sexual contact. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity. Consent is active, not passive. Incapacitation may result from the use of alcohol and/or drugs. Incapacitation and consent are further defined at the end of this policy.
Example of Consent
When someone agrees, gives permission, or says "yes" to sexual activity with other persons. (University of Michigan)
Consent should never be assumed.
What is Sexual Harassment
Unwelcome, gender-based verbal or physical conduct that is, sufficiently severe, persistent or pervasive that it, unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the college’s educational program and/or activities, and is based on power differentials, the creation of a hostile environment, or retaliation.
Sexual harassment also includes harassment based on gender, sexual orientation, gender identity, or gender expression, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex/gender or sex/gender-stereotyping, even if the acts do not involve conduct of a sexual nature.
Example of Sexual Harrassment
An attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based bullying.
What is Sexual Assault
Having sexual intercourse or sexual contact with another individual without consent, including: by the use or threat of force or coercion; without effective consent; or where that individual is incapacitated.
Sexual contact includes intentional contact with the intimate parts of another, causing another to touch one’s intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth, or any other part of the body that is touched in a sexual manner. Sexual contact also includes attempted sexual intercourse.
Sexual intercourse includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand, etc.) or object, or oral penetration involving mouth to genital contact.
Example of Sexual Assault
Someone putting his or her finger, tongue, mouth, penis or an object in or on your vagina, penis or anus when you don't want them to; Someone touching, fondling, kissing or making any unwanted contact with your body; Someone forcing you to perform oral sex or forcing you to receive oral sex; Someone forcing you to masturbate, forcing you to masturbate him or her, or fondling and touching you. (Davidson)
What is Sexual Exploitation
Occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.
Example of Sexual Exploitation
Invasion of sexual privacy; Prostituting another student; Non-consensual video or audio-taping of sexual activity; Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); Engaging in voyeurism; Knowingly transmitting an STI or HIV to another student; Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals; Sexually-based stalking and/or bullying may also be forms of sexual exploitation.
What is Stalking
When a person engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances that demonstrate either of the following: place the person in reasonable fear of bodily injury; or reasonably cause substantial emotional distress to the person.
Stalking includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the Internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion.
Example of Stalking
Unwelcome and repeated visual or physical proximity to a person; repeated oral or written threats; extortion of money or valuables; unwelcome/unsolicited written communication, including letters, cards, emails, instant messages, and messages on online bulletin boards; unwelcome/unsolicited communications about a person, their family, friends, or co-workers; or sending/posting unwelcome/ unsolicited messages with an assumed identity; or implicitly threatening physical contact; or any combination of these behaviors directed toward an individual person.
What is Domestic Violence or Dating Violence
Any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, domestic, or other intimate relationship with that person. It may involve one act or an ongoing pattern of behavior. Intimate-partner violence can encompass a broad range of behavior, including, but not limited to, physical violence, sexual violence, emotional violence, and economic abuse. Intimate-partner violence may take the form of threats, assault, property damage, or violence or threat of violence to one’s self, one’s sexual or romantic partner, or to the family members or friends of the sexual or romantic partner. Intimate-partner violence affects individuals of all genders, gender identities, gender expressions, and sexual orientations and does not discriminate by racial, social, or economic background.
Example of Domestic Violence or Dating Violence
Dating violence is any situation in which one partner purposefully causes emotional, physical or sexual pain on another. This includes humiliating your partner, controlling what your dating partner can and cannot do, withholding information from your partner, deliberately doing something to make your partner feel dismissed or embarrassed Isolating your partner from family or friends, abuse over electronic devices such as via text or on the internet, and threatening your partner. (HealthyPlace)
What is Bullying or intimidation
Bullying includes any intentional electronic, written, verbal, or physical act or a series of acts directed at another student or students that is severe, persistent, or pervasive and that has the intended effect of doing any of the following: (i) substantially interfering with a student’s education; (ii) creating a threatening environment; or (iii) substantially disrupting the orderly operation of the College. Bullying is prohibited, and participating in such acts will result in disciplinary action. Bullying that is based on gender, sexual orientation, gender identity, or gender expression, or based on any other protected classification as outlined in the College’s Non-Discrimination Policy will be handled under this policy.
Intimidation is any verbal, written, or electronic threats of violence or other threatening behavior directed toward another person or group that reasonably leads the person(s) in the group to fear for her/his physical well-being. Intimidation is prohibited and will result in disciplinary action.
Anyone who attempts to use bullying or intimidation to retaliate against someone who reports an incident, brings a complaint, or participates in an investigation in an attempt to influence the judicial process will be in violation of retaliation as described within this policy and will be subject to disciplinary action.
Examples of Bullying or intimidation
Unwanted contact (e.g. unnecessary touching), assault or gestures, aggressive behaviour, unwelcome remarks, suggestions and improper proposals, malicious gossip, jokes and banter based on a person’s sex or race or which refers to a person’s age, disability, sexuality, religion or personal appearance. (Salford City College)
How Do I Get Help?
Get to Safety
The first priority is your safety. Get to a safe place, whether it is your own home, a family member or friend’s home, a neighbor’s home, or a public area where you can call for help.
You should try to save anything that might contain the perpetrator’s DNA, because investigators and medical professionals can collect this and use it to build a case against your assailant. Even if you don’t think you want to file a police report, you might change your mind at a later date. Therefore you should not:
-- Bathe or shower
-- Brush teeth, rinse mouth, etc.
-- Use the restroom
-- Change clothes
-- Comb hair
-- Clean up the crime scene
-- Move anything the offender may have touched
Get Medical Assistance
Once you’re in a safe place, contact Campus Security (215-242-7777) for assitance or you can call the National Sexual Assault Hotline at 800.656.HOPE (4653) to be connected with a local sexual assault service provider. RAINN will direct you to the appropriate local health facility that can care for survivors of sexual assault. They can also send an advocate to help walk you through the process of receiving medical care during this tough time.
In addition to receiving medical attention, you may wish to have a sexual assult forensic exam, sometimes called a “rape kit.” During this exam, someone specially trained to perform this exam, such as Sexual Assault Nurse Examiner (SANE), will collect DNA evidence that can help identify the perpetrator. You do not have to agree to a forensic exam to receive treatment, but doing so may give you a stronger case against the perpetrator if you decide to report the crime now or down the road. Philadelphia Sexual Assault Response Center is staffed 24/7, by on-call, specially trained and experienced Sexual Assault Nurse Examiners (SANE) who provide forensic rape examinations and evidence collection to both females and males. The SANE staff are all highly-trained, compassionate nurses with years of experience in the care of sexually assaulted patients.
Make a Report
To make a report of an act of sexual misconduct, we encourage you to seek out another member of the College community with whom you feel comfortable (this may include a friend, coach, advisor, etc.). Campus Security (215-242-7777) can be reached 24 hours a day should you wish to file a complaint or need immediate assistance Campus Security can also assist you in contacting the police if you would like to file a report with the police. All reports of sexual discrimination, harassment and violence will be reported to Krista Bailey Murphy, the College’s Title IX Coordinator.
In order to assure a prompt and equitable resolution to the complaint, you will be asked to provide an initial statement reporting the specifics of your incident, names of individuals, date, time, place, specifics which occurred, witnesses to the events described, etc. This statement will start the College’s investigation of the events reported.
You may choose to pursue the incident through the College’s hearing process; you may choose to prosecute through the police; or you may choose to do both. Once the matter is reported to the College, the College may have a responsibility to investigate the situation even if you chose not to cooperate with the College. You should not feel pressured into any option; you may want to consult with your family before making a decision.
Seek Emotional Support
There are many people who would like to support you at this time. For confidential and non-confidential support both on and off campus please see our Need Help? page.
What If I've Been Accused?
What to Do
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How Do I Help a Victim?
Reporting
Filing a Report With the College
Campus Security (215-242-7777) can be reached 24 hours a day should you wish to file a complaint or need immediate assistance. Campus Security can also assist you in contacting the police. The College does not limit the timeframe for filing a report of misconduct. Reports can be submitted at any time following an incident, although the College’s ability to take any action may be negatively affected by the length of time between the alleged incident and the report.
Investigation, Hearing and Resolution
An investigation will be conducted once a complaint is filed. Complaints may be filed by the complainant, by a parent, or by a third party. If requested, every effort will be made to investigate the incident confidentially.
1. During the investigative process, the complainant, respondent, and all witness interviews will be recorded with the consent of each individual. These recordings are designed to ensure a thorough, fair, and factually accurate investigative process.
2. A specially trained hearing panel will be convened to adjudicate allegations of sexual misconduct.
3. At least 72 hours notice will be given to both complainant and respondent to appear at the hearing. The complaintant and respondant can choose not to be present. A written decision, complete with sanctions, if any, will be received within 10 business days after the hearing.
4. The complainant and respondent will be notified of the outcome of the hearing; this notification will be made in writing and will occur as concurrently as possible. The College will cooperate to the extent permitted by law with criminal proceedings.
Appeals
Both parties have the right to appeal. A letter of appeal should be addressed to the Title IX Coordinator within 3 business days of receipt of the decision. Appeals may only be submitted on the following grounds: evidence of improper or inadequate procedure; prejudicial conduct; disproportionate penalty; new evidence, not available at the time of the hearing.
Sanctions
Individuals found responsible for violating the policy may face one or more of the following sanctions.
Disciplinary Warning, Disciplinary Probation, Educational Sanctions, Fines, Restitution, Loss of Residency, Disciplinary Residence Hall Room Change, Restrictions of Housing Lottery, Suspension, Expulsion
The severity of the incident, past judicial record, attitude, and willingness to make amends will be taken into consideration when determining sanctioning.
