THE BERKELEY CAMPUS STUDENT POLICY AND PROCEDURES REGARDING SEXUAL ASSAULT AND RAPE
University of California, Berkeley
June 2010
I. POLICY STATEMENT
The University of California at Berkeley is committed to creating and maintaining an environment in which all persons who participate in University programs and activities can work together in an atmosphere free of all forms of harassment, exploitation, or intimidation. Every member of the University community should be aware that such behavior is prohibited by law and by University policy and that the University will not tolerate sexual assault in any form, including but not limited to, sexual assault, acquaintance/date or stranger rape, sexual battery, and non-consensual sexual intercourse. The University will take appropriate action to prevent, correct, and discipline behavior that is found to violate campus policy or regulations proscribing any form of sexual assault.
The campus' first responsibility in responding to reports of sexual assault is attending to the needs of the students involved (e.g., the student who reports an incident of sexual assault, roommates, family members, and close friends). All reports of sexual assault are taken with the utmost seriousness, and the student will be referred to the appropriate persons or units for assistance. The campus is also responsible for ensuring that the student charged with committing sexual assault is treated fairly. The alleged assailant will be presumed innocent unless proven responsible, and will be referred to appropriate services for assistance.
Established principles of confidentiality, arising under policy and law, and recognition of the concern for privacy inherent in allegations of sexual assault are maintained. To protect the student's privacy rights, the names of students or other identifying information, especially that which is contained in written documents and notes, will only be disclosed to third parties if prior written permission is given by the student concerned or to those authorized by state or federal law to receive such information. Documents will be redacted consistent with University Policy.
Pursuant to federal Law, the University also has a legal responsibility for documenting and reporting the incidence of sexual assault on the Berkeley campus. This responsibility is delegated to the Campus Police Department.
II. APPLICABLE STANDARDS
This policy addresses sexual assault only as it affects Berkeley students, both as those who report being victims of sexual assault and as those who have been accused of the commission of such an offense. Other policies apply to non-students alleged to have committed sexual assault, e.g., the Faculty Code of Conduct, the University Policy on Sexual Harassment, and applicable personnel policies for represented and non-represented employees. This policy defines the acts of sexual assault prohibited by the Campus Code of Student Conduct, and provides guidance on what students should do if they have been victims of sexual assault and what the campus will do if sexual assault occurs. A student alleged to have engaged in sexual assault can be disciplined under the Campus Code of Student Conduct and/or prosecuted under California criminal statutes. For language concerning the criminal standards that may apply to these complaints, please refer to the California Penal Code.
Whether or not the criminal justice authorities choose to prosecute, the campus can pursue formal disciplinary action against a student alleged to have committed sexual assault. Responsibility for adjudicating campus disciplinary actions involving students rests with the Center for Student Conduct and Community Standards. Campus jurisdiction over offenses by students is delineated in the Code of Student Conduct.
Pending a formal conduct hearing, the campus may take a variety of administrative measures against a charged student, including restriction of privileges and services, interim suspension, and exclusion from certain campus areas, such as classrooms and residence facilities. To prevent further conflict between the parties, the campus may utilize administrative reassignment procedures to move students to another residence hall or complex, limit access to a specific hall or complex during the course of a campus or criminal investigation, or make academic accommodations as appropriate for either party. The procedures outlined in the Code of Student Conduct will be followed in resolving allegations of sexual assault (refer to Section V.D., page 7 of this document).
III. DEFINITIONS:
Consent: Positive cooperation in the act or expressing an intent to engage in the act pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. A person who is giving consent cannot be under the influence of drugs or alcohol, unconscious, passed out, coming in and out of consciousness, under the threat of violence, bodily injury or other forms of coercion, and cannot have a mental disorder, developmental disability or physical disability that would impair his/her understanding of the act.
A current or previous dating relationship is not sufficient to constitute consent. The determination regarding the presence or absence of consent should be based on the totality of circumstances, including the context in which the alleged incident occurred. The fact that a student was intoxicated at the time may be considered in determining whether that person had consented to the act in question. Students should understand that consent may not be inferred from silence or passivity alone.
Sexual Assault: Any physical act of a sexual nature that is accomplished toward another without his/her consent. Such acts include, but are not limited to, forced oral sex, forced anal penetration, insertion of foreign objects into the body and any act of sexual intercourse "against someone's will." This includes, but is not limited to, the use of a weapon, physical violence or restraint, verbal threats, intimidation, and threats of retaliation or harm.
Sexual Battery: Any unwanted touching of an intimate part of another person for the purpose of sexual arousal. "Touching" means physical contact with another person whether the individuals involved are clothed or unclothed. "Intimate part" means the sexual organ, anus, groin or buttocks of any person, and the breast of a female. (Penal Code Section 243.4).
Unlawful sexual intercourse (statutory rape): An act of sexual intercourse accomplished with a person, not the spouse of the perpetrator, where the person is under the age of 18 years.
In instances where a person is charged with violating the Policy, the student disciplinary process will determine whether the person reasonably should have known that the accuser was not consenting (or was not capable of consenting) to the act. In addition, if both parties are too impaired to freely consent to a sexual act, either party (or both parties) may be charged with violating this Policy. A student found responsible for committing sexual assault under the Code is subject to dismissal by the University.
Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when submission to or rejection of this conduct explicitly or implicitly affects a person's employment or education, unreasonably interferes with a person's work or educational performance, or creates an intimidating, hostile or offensive working or learning environment.
Sexual Harassment is described in the Campus Code of Student Conduct and the University Policy on Sexual Harassment. Copies are available from the Campus Climate and Compliance Office/Title IX Officer, 200 California Hall, 643-7985, or online at: http://ccac.berkeley.edu/. A sexual assault violation of the campus Code of Student Conduct Policy constitutes a violation of the University Sexual Harassment Policy.
Student: means an individual for whom the University maintains records and who: (a) is enrolled or registered with an academic program of the University, this may include Summer Sessions, University Extension, and visiting scholars; (b) has completed the immediately preceding term and is eligible for re-enrollment, including the recess periods between academic terms; or (c) is on approved educational leave or other approved leave status, or is on filing-fee status.
IV. COORDINATION OF CAMPUS RESPONSE
Campus Climate and Compliance/Title IX Office
200 California Hall
643-7985
http://ccac.berkeley.edu/
The University has an obligation to communicate information regarding University policies, regulations, and procedures to concerned members of the University community, including family and friends of the students involved, and to the general public, and has a legal obligation to disclose the outcome of the discipline proceedings to the student who reports being sexually assaulted. The Title IX Compliance Officer has the responsibility of monitoring campus efforts to comply with federal and state laws pertaining to nondiscrimination on the basis of sex, and responsibility for coordination of the campus efforts in response to allegations of sexual assault is delegated to the Title IX Compliance Officer.
When a student reports an allegation of a sexual assault, appropriate administrators will work to try to ensure a safe environment for a complainant, including but not limited to, counseling support, academic accommodations, and if necessary, relocation. Furthermore, the Center for Student Conduct and Community Standards has the authority to determine a variety of administrative measures on a student who has been charged with sexual assault, if reasonable safety concerns are present. Such interim actions may include restriction of privileges and services, interim suspension, and exclusion from certain campus areas, such as classrooms and residence facilities.
The Title IX Compliance Officer provides direction and guidance to the Center for Student Conduct and Community Standards, may consult with the student who reports sexual assault to determine if the student is prepared and willing to participate in the student conduct process, and may consider alternative approaches if the student is unwilling or unable to move forward in a student conduct process.
The Title IX Compliance Officer works with the Center for Student Conduct and Community Standards, University Health Services, Sexual Harassment/Sexual Assault Resource Specialist, Residential Student Services, the University of California Police Department, City Police Departments, and other campus units as necessary, to ensure that a coordinated response is provided to resolve the situation.
V. CAMPUS PROCEDURES FOR RESPONDING TO A SEXUAL ASSAULT
This section outlines the procedures the campus follows in responding to reports of sexual assault allegedly committed by students. It assumes that the incident occurred on or near campus (at an official University function or on University property). However, many of the procedures and services described here also apply if the incident happens off campus or if the student reporting the sexual assault is not a student. Jurisdiction for addressing issues of sexual assault is delineated in the Code of Student Conduct.
When an incident is reported to any unit providing sexual assault resources on campus, the unit that receives the information shall report the incident to the Title IX Officer at earliest awareness. The level of detail of the reporting requirement will reflect consistency with both mandatory reporting as well as confidential services (such as client-counselor practice). The Title IX Officer will provide guidance regarding the student's options for addressing the matter; the student will also be informed of the existing on- and off-campus counseling and other student services. Students can utilize services (including any combination of services) outlined below:
A. University Health Services
The University Health Services provides confidential and trained assistance to students reporting sexual assault. Students are urged to seek assistance from UHS for coordination of medical care, counseling, and other available support services. UHS services, where both immediate and ongoing care is offered, include:
Counseling: (Social Services, 642-6074) Professional staff work with students who have been assaulted. Students receive confidential crisis counseling, assistance and advocacy with the initial medical evaluation, information on criminal and civil procedures, assistance with academic and housing concerns and referrals to other campus/community resources. Counseling is available for friends, family, house mates and co-workers as well.
Medical: (Urgent Care Clinic, 8am - 6pm/24 hour advice line, 642-3188; general Medical Clinics,642-2000). The University Health Services also provides general medical care for students who report a sexual assault and other services including testing for pregnancy and sexually transmitted infections, and treatment for injuries sustained during an assault. Health Educators, in collaboration with other campus units, provide a wide array of educational programs and training to staff and students.
B. The Sexual Harassment/Sexual Assault Resource Specialist
The Gender Equity Resource Center
202 Cesar Chavez Center
643-5727
http://geneq.berkeley.edu/
The Resource Specialist at the Gender Equity Resource Center provides initial crisis intervention and support throughout the complaint process as the student makes use of other campus services. The Center serves as a "home base" for students who report a sexual assault; it does not provide counseling therapy but will help the student with a range of services, including notifying the Title IX Compliance Office, providing information about criminal proceedings through the Campus Police Department, arranging counseling, obtaining safe Residential living, meeting with parents, liaison with community agencies, assisting with restraining orders, making appropriate academic accommodations as necessary, and providing support throughout the administrative process following a sexual assault.
C. Residential Student Services Program, Office of Student Development
RSSP
2610 Channing
643-2600
http://www.housing.berkeley.edu/student/osd_res_living.html
Residential staff members who have received training in responding to students who are assaulted, provide a number of resources:
Residential Living staff members respond immediately upon hearing about a resident who reports being sexually assaulted whether the incident is recent or in the past. The resident is provided with immediate assistance and support. A Residential Living staff member will meet with the student who reports being sexually assaulted, assess the situation, provide information, and make appropriate referrals, such as the University Health Services (UHS), Gender Equity Resource Center, University of California Police Department (UCPD) and the Campus Climate and Compliance/Title IX Office.
Residential Living staff work closely with the Campus Climate and Compliance/Title IX Office by keeping the Title IX Compliance Officer informed of the sexual assault and of what options the student who reports being sexually assaulted wants to pursue. The student who reports a sexual assault can expect Residential Living staff to continue to give support and assistance and make appropriate referrals to campus and/or community resources for as long as she/he needs. There are also University Health Services staff psychologists who work in RSSP/OSD to provide counseling support for students.
D. Student Conduct Administrative Process
Center for Student Conduct and Community Standards *not accessible
2536 Channing Way, Bldg E, 2nd floor
643-9069
http://students.berkeley.edu/osl/sja.asp
[*Please be aware that the Center for Student Conduct and Community Standards is only accessible by a flight of stairs. For accommodations, please contact Student Conduct and Community Standards at 510 643-9069 or by email at studentconduct@berkeley.edu.]
Responsibility for pursuing campus actions involving students rests with the Center for Student Conduct and Community Standards. The student who reports being sexually assaulted is encouraged to utilize the campus complaint process through the Center for Student Conduct and Community Standards.
The campus has jurisdiction over offenses by students that occur on University property (such as classrooms and residence halls), in other locations in the immediate vicinity of the campus (such as nearby fraternity and sorority houses, the student co-ops, and apartment buildings), at official University functions, and at off-campus locations as defined in the Code of Student Conduct.
At the direction of the Title IX Compliance Officer, the Center for Student Conduct and Community Standards will conduct an investigation of the allegations in the case. The procedures described in the Code of Student Conduct will be followed in resolving allegations of sexual assault.
[for entire text, refer to this link: Code of Student Conduct]
E. University of California Police Department:
UCPD
1 Sproul Hall
642-6760
http://police.berkeley.edu/
If the student is willing to report the incident to the Campus Police Department, she or he is informed that physical evidence can be collected at the same time as medical care is provided, but that medical evidence for a criminal prosecution cannot be collected without a report being made to the police. Under these circumstances, the student is given instructions so that important physical evidence can be preserved. In instances where police authorize, the state will assume the cost of the medical exam. (further information regarding criminal procedures and evidence collection is located in the FAQ link on the Campus Climate and Compliance Office website)
Although the student is not required to notify any law enforcement authority regarding the incident, the person to whom the report is made shall contact the Campus Police Department to inform them that a sexual assault may have occurred. The Campus Police Department in turn shall notify the Title IX Compliance Officer, who is responsible for coordinating the campus response to the incident.
V. CAMPUS PREVENTION AND EDUCATION EFFORTS
The University of California at Berkeley employs a multifaceted approach to preventing sexual assault. University Health Services sponsors Sexual Assault and Violence Prevention education. A range of prevention initiatives, are sponsored by Student Affairs, in particular Campus Life and Leadership, the Gender and Equity Resource Center, the Campus Police Department, the Residential Student Services Program Office; and other campus units. These groups collaborate to distribute the Policy and Procedures Regarding Sexual Assault, to provide educational workshops to students; and to develop and disseminate educational materials relating to the prevention of sexual assault campus-wide.
More specifically, the following campus programs offer prevention, risk reduction and educational resources:
Prevention: Health Promotion
In collaboration with other campus units, Health Promotion staff members coordinate in-service training programs for key campus officials and other staff who are in a position to prevent or respond to incidents of sexual assault. They also provide a wide range of educational workshops for students, including training programs for student leaders. This program develops and disseminates educational materials and implements awareness projects for the campus community. The educational workshops are available to classes, living groups, departments, and other organizations.
The Campus Police Department maintains a proactive Crime Prevention Unit. Part of this unit is Cal-B-Safe, the education and promotional arm of campus safety programs. Cal-B-Safe offers programs and services including Mace Training Classes, Self-Defense Classes, Night Safety Express, Night Escort Service, and Safety Presentations.
The Recreational Sports Facility offers self-defense classes.
The Gender Equity Resource Center sponsors prevention efforts, including outreach efforts of the SPECTRUM Peer Education Program (focusing on gender and sexuality, violence), and co-sponsoring Sexual Assault Awareness events and other prevention programs.
Campus Life and Leadership provides numerous prevention activities including training for fraternities and sororities and other university affiliated student groups.
The Residential Student Services Program Office also organizes a variety of prevention activities for its residents. These prevention activities include Residence Hall Staff training, and prevention oriented fairs and programs.
NOTE: ADDITIONAL INFORMATION IS AVAILABLE ON CCAC WEBSITE UNDER "FAQ'S & RESOURCES"
