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Appendix B

Procedures for Handling Charges of Rape and Sexual Assault

Possible Courses of Action

The Student Conduct Code operates in accordance with the mission of the institution in that it seeks to maintain an optimal learning environment. It is not meant to be an equal alternative to the criminal justice system. The judicial review bodies, outlined in the Disciplinary Process for Student Social Misconduct at the University of La Verne, are part of the education system, and do not function as a court of law.

Parallel Civil Suit and Criminal Prosecution

The person making a formal report has the option to pursue both university sanctions against the accused, and criminal or civil suits at the same time. The person may choose to pursue only university judicial proceedings, or only civil suit or criminal prosecution. University administrators will strongly encourage the victim to report the alleged crime to the police. University judicial review proceedings may be carried out prior to, simultaneously with, or following criminal proceedings off campus. In the interest of the person making the report, the accused, and the University, a prompt hearing will be afforded, and will take priority over other scheduled hearings. The intent is to solve the problem as expeditiously as possible, assuaging the fears of the person making the formal report, reducing uncertainty for the accused, preventing possible further incidents and allowing the healing process for all concerned to begin.

Filing Charges for a University Judicial Review Hearing

Formal charges against a University staff or faculty member will be made to the supervising Dean or Vice President of the specific division and reported to the Human Resource Department. Further proceedings will be under the jurisdiction of the appropriate manual pertaining to staff, administrative, and faculty members.

Formal changes made against a University student are made to the Dean or Associate Dean of Student Affairs (the Associate Dean of Student Affairs is the Judicial Officer for the main campus) in accordance with University policies. Formal charges may be brought forward by any University student, employee or visitor to the campus who has allegedly been assaulted by a member of the University of La Verne community.

The Associate Dean of Student Affairs may refer such matters for a hearing to the Judicial Board. Members of this board are specially trained to conduct these hearings with sensitivity and to afford the parties involved both privacy and due process (fundamental fairness) while maintaining strict confidentiality. Persons have up to 90 days after the alleged incident to file a report through the University Judicial Review Process. However, persons are encouraged to file a report as soon as possible after the alleged incident.

Confidentiality

The University will treat information that it receives in a manner that respects both the sensitivities of the person making the report and rights of the charged student. Because the University recognizes that sexual assault is by its nature a violent, criminal act that violates the security of the entire campus community, there may be instances where it is the University's ethical and legal responsibility to disclose information to the appropriate authority regarding the circumstance related to a specific incident. Safety considerations of the campus and the person making the report will be balanced with the privacy interests of all involved, as well as the applicable legal requirements, when making decisions regarding such disclosures. The University's ability to act to protect the interests of the person making the formal report and other students is limited by the information provided. Identity of the charged student will be confidential. Any notification to the campus community must be a general warning regarding a reported incident. Additionally, authorized contact persons may report to appropriate authorities information when the person making the report or charged student threatens his or her own health and safety or the health and safety of others. If the person making the formal report is a minor (under 18 years old), the law requires disclosure to authorities.

Procedures for Reporting Rape and Sexual Assault

In the event that a University of La Verne student wishes to report a rape or sexual assault, the following procedure will be helpful. It is important to note that the student who is reporting the incident can withdraw a complaint at any time. Although the University encourages reporting of rape and sexual assault, it is ultimately the student's decision whether to file a police report, a written University judicial charge, or both.

A student may call any of the following campus contact persons to report a rape or sexual assault:

Dean of Student Affairs, x4053
Associate Dean of Student Affairs, x4858
Director of Campus Safety and Transportation, x4949
Director of Housing and Residential Life, x4448
Area Coordinator for Stu-Han/Brandt, x4115
Area Coordinator for Oaks, x4678
Director of Counseling Services, x4831
Director of Health Services, x4441

Off-Campus Resources include:

Project Sister, 623-1619
Charter Oak Hospital, 1-800-654-COPE

If the report is made within 72 hours of the assault and the student desires and/or needs immediate medical services:

The contact person will help the student arrange transportation to Pomona Valley Medical Center.
The contact person will call the hospital notifying them of the students arrival.
The student will receive medical services (pregnancy and STD testing, treatment, and evidence collection if desired).
A police report will be taken if requested by the student.
Follow-up medical and counseling information will be given.
Campus counseling services will be offered and an anonymous report will be made to Campus Safety.
If student wishes to make a formal report, the contact person will refer the student to the Dean of Student Affairs or Associate Dean of Student Affairs.
Student will be transported home, accompanied by contact person, friend or family member.
Contact person will make appropriate notifications.

If the report is made within 72 hours of the assault and the student refuses medical services or has already received medical services:

The contact person will help the student decide whether an evidentiary exam is desired, explaining the reasons why such an exam is important. If an exam is desired, the procedure outlined in Section B will be followed.
If the evidentiary exam is refused, the contact person will determine if the student wishes to file a formal report.

If NO:

The contact person will help the student fill out an anonymous report for Campus Safety.
The contact person will give consultation and referrals, including information about campus counseling services to the student.

If YES:

If student wishes to make a formal report, the contact person will refer the student to the Dean of Student Affairs or Associate Dean of Student Affairs.
The contact person will help the student fill out an anonymous report to Campus Safety.
The contact person will give consultation and referrals, including information about campus counseling services to the student.

Contact person will make appropriate notifications as necessary.

If the report is made after 72 hours of the assault:

NOTE: Evidentiary exam is no longer viable. Follow steps outlined in section C above with the exclusion of the evidentiary exam.

Rights of the Person Making the Formal Report include:

To decide whether to file a formal report
A rapid hearing, if possible
To have an advisor present at the hearing
To have living arrangements modified, if necessary
To be present at the hearing
Not to have sexual history other than that between the person making the formal report and the accused discussed during the hearing
To be separated from the accused during the hearing, although this may not be in the best interest of the person making the formal report
To request not to be questioned directly by the charged student. In these cases, the charged student will present written questions prior to the hearing, or clarifying questions during the proceedings to the board, who will then question the victim
To be notified immediately of the outcome of the hearing
Assistance with related academic problems which may have resulted from the incident in question.

Rights of the Charged Student include:

To be treated as not responsible for the violation until proven responsible
A rapid hearing, if possible
To minimize as much as possible the length of time he/she is suspended prior to the hearing (if this action is felt to be necessary by the Associate Dean of Student Affairs)
To be informed, in writing, of the charges against him/her
To be given written notice of the hearing at least two days in advance
To receive a list of witnesses who will appear in support of the charges
to bring an advisor to the hearing.
the right of the charged student to present a version of the facts through personal and written statements, including the statements of witnesses
to remain silent
an opportunity for the charged student to hear all information presented against him/her and to question witnesses and victims or through the use of written questions asked by the board members at the request of the victim (if applicable
To be notified immediately of the outcome of the hearing
To appeal the decision of the Judicial Board to the Dean of Student Affairs

Sanctions

Possible sanctions to be imposed following the final determination of an on-campus disciplinary procedure regarding rape, sexual assault and other sexual offenses include discretionary sanctions, residence hall sanctions, probation, suspension or dismissal/expulsion. For a complete description of sanctions see section regarding Sanctions in The Disciplinary Process for Student Social Misconduct at the University of La Verne (11-13).

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