2009-2010 Occidental College Sexual Assault Policy

9/7/13 Occidental College :: Sexual Assault Policy
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Sexual Assault Policy
Occidental College is committed to maintaining a learning, living, and working environment free of
sexual assault. "Sexual assault" is defined by the Education Code Section 94385 as including rape,
forced sodomy, forced oral copulation, rape by a foreign object, sexual battery or threat of sexual
assault. Sexual assault will not be tolerated.
The Sexual Assault Policy describes the College's policy toward sexual assault and zero tolerance
policy towards rape. It also provides guidance for survivors of sexual assault, outlines the College's
disciplinary response to alleged incidents of sexual assault, and identifies the relevant organizations
within the College responsible for managing the policy and programs associated with it. Occidental's
policy complies with relevant state and federal statutes.
I. Policy Statement
Occidental College is a community of faculty, students, administrators, and staff dedicated to the
purposes of teaching, scholarship, and service. The College is committed to creating and maintaining
an environment that promotes a healthy spirit of responsibility, dignity, and respect in matters of
sexual conduct. To fulfill this commitment, the College must maintain an environment in which all
students and employees can pursue their work and education free of sexual assault or sexual violence
in any form, including acquaintance or date rape. When sexual assault or sexual violence occurs at
Oxy, the standards of the community, as well as the criminal laws of the state of California, are
violated.
The College is dedicated to bringing about an end to sexual assault by providing an education and
prevention program informing the College community about the risks and myths that contribute to
sexual assault; providing assistance and support including procedures sensitive to a person who has
experienced a sexual assault; and by providing a process for investigation and adjudication that
includes appropriate disciplinary sanctions for those who commit sexual assaults.
Sexual assault committed in connection with any College program, whether on or off campus, is
prohibited and will not be tolerated. This applies to academic, educational, extracurricular, athletic,
residential and other College programs. Occidental College urges people who believe that they have
been sexually assaulted to pursue criminal charges against the person or persons they believe to have
committed the sexual assault. A person who has experienced a sexual assault involving a member of
the campus community is also urged to make a complaint to the College. A criminal charge and an
internal complaint can be pursued at the same time. Retaliation against an individual who brings a
complaint, participates in an investigation or pursues legal action is prohibited and will not be
tolerated.
Students, faculty members and staff members should understand that apparently consensual sexual
relationships, particularly those between individuals of unequal status, may be or become a violation
of this policy. Anyone who engages in a sexual relationship with a person over whom he or she has
any degree of formal power or authority must understand that the validity of the consent involved can
and may be questioned. The College particularly abhors the abuse potentially inherent in sexual
relationships between faculty members and students, and between supervisors and their employees.
II. What is Sexual Assault?
Sexual assault is an "umbrella term" that describes different forms of nonconsensual sexual contact.
Terms and Definitions
Sexual assaultAttempted or actual sexual contact performed without the active, verbal consent of
another individual.
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Sexual contactThis contact includes but is not limited to, sexual intercourse, penetration of an
orifice (anal, oral or vaginal) with the penis, finger or other object, intentional touching of the
genitals, buttocks or breasts, or coercion to force someone else to touch one's genitals, buttocks or
breasts. Sexual contact can occur over clothing.
Consent A verbal agreement and positive physical cooperation in the course of physical intimacy so
long as both parties are acting freely and voluntarily. A verbal "no," even if it may sound indecisive or
insincere, constitutes a lack of consent. The absence of a verbal "no" does not mean "yes." Lack of
protest does not imply consent.
Consent cannot be given if either participant is unable to provide positive cooperation either due to
unconsciousness, mental incompetence, age or incapacitation.
IncapacitationThis term includes but is not limited to the following: persons who are intoxicated,
passed out, asleep, threatened, or coerced. Use of alcohol or drugs shall not diminish one's
responsibility to obtain consent and does not excuse conduct that constitutes sexual assault under this
policy.
If at any time during a sexual interaction any confusion or ambiguity should arise on the issue of
consent, it is incumbent upon each individual involved in the activity to stop and clarify the other's
willingness to continue.
Sexual Battery Is the touching of an intimate part of another person, if the touching is against the
will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or
sexual abuse. "Touches" means physical contact with the skin of another person whether
accomplished directly or through the clothing of the person committing the offense. Sexual Battery
can be considered a misdemeanor or felony depending on the nature of the act in the State of
California. California Penal Code 243.4 e(1)&(2)
Rape Is the act of sexual penetration (oral, anal or vaginal) committed without the consent of the
victim. It is accomplished against a person's will by means of force, violence, duress, menace, or fear
of immediate and unlawful bodily injury on the person or another. Sexual penetration is considered
nonconsensual and, therefore, rape when the person is incapable of giving consent because s/he is
incapacitated from alcohol and/or drugs, or if a mental disorder or developmental or physical
disability renders the victim incapable of giving consent. Any sexual penetration, however slight, is
sufficient to complete the crime. Rape is considered a felony in the State of California. California
Penal Code 261, 263.
Sexual assault can be committed by a man or a woman against a person of the same or opposite sex.
Sexual assault can be committed by current or former lovers, friends, acquaintances or strangers.
III. Confidentiality of Information
Occidental College will make every reasonable effort possible to preserve an individual's privacy and
protect the confidentiality of information. 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 Emmons
Health 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 less than 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 of Students, a Hall Coordinator or a Resident Advisor may need to inform other individuals
to protect their safety or rights, in fairness to the persons involved, or in response to legal
requirements. As required by law, all disclosures to any College employee of an oncampus sexual
assault are tabulated for statistical purposes by the Campus Safety Department, without personal

identifying information. In compliance with federal law, these statistics and other mandated crime
statistics are reported annually.
The Family Educational Rights and Privacy Act (FERPA) prohibits the disclosure of conduct records to
any third party without written permission from the student(s) involved. Requests from parents,
family members, and concerned students for information about the complainant and/or the alleged
respondent will not be honored without written permission from the student(s) involved. The Dean of
Students or designee may provide parents, family and friends of the complainant and the alleged
respondent to assist them to deal with the situation. This may include advising them of the various
policy and procedure documents of the College which relate to sexual assault and student misconduct.
IV. Education & Prevention: Departmental Responsibilities
Division of Student Affairs
Creates, supports, and evaluates education and support programs aimed at the eradication of sexual
assault involving members of the Occidental student community. To support these programs the Dean
of Students shall assign an administrator responsible for Project S.A.F.E (Sexual AssaultFree
Environment). Project S.A.F.E. will coordinate sexual assault education and prevention programs. As
necessary and appropriate, the Dean of Students will allocate funds to this program each year to
advance the goals of this policy.
Through this commitment the Division of Student Affairs shall educate all students about:
The existence of the Sexual Assault Policy and the College's commitment to enforce it.
The process and responsibility of reporting sexual assault offenses to Campus Safety.
Sexual assault awareness and survivor resources.
How to be a knowledgeable and supportive peer presence.
Ongoing wellness promotion programs that address issues including, but not limited to, sexual
health and wellness, drug and alcohol education.
Campus Safety
Fosters a safe campus environment by:
Working with Facilities Management to provide adequate lighting on campus
Working with Telecommunications to provide sufficient emergency phones on campus
Training Officers in Rape Crisis Counseling
Including Sexual Assault Policy information in A Guide to Campus Safety
Accurately maintaining and reporting statistics of sexual assaults as required by the Jeanne
Clery Campus Security Act
Human Resources
Creates sexual assault awareness, prevention, and educational opportunities for employees of the
College.
Educates all employees of the College on the Sexual Assault Policy
Educates all employees on the process and responsibility of reporting sexual assault offenses to
Campus Safety
Includes Sexual Assault Policy in employee handbooks
V. Options Following a Sexual Assault
Officially Reporting a Sexual Assault
A person who has experienced a sexual assault is encouraged to make an official report. For a sexual
assault that occurs on the Occidental College campus, contact the Campus Safety Department (323
2592511) and/or the Los Angeles Police Department (9911 from a campus phone). For an off
campus incident, call 911.
Whether or not a student elects to report a sexual assault to the police, he or she is urged to make an
official report directly to the Dean of Students.

The Dean of Students Office will first suggest that the student attend to any medical needs
immediately. The student will receive information on hospital procedures and resources available.
Accompaniment to the hospital will be provided if desired by the student. The survivor will be assisted
in contacting a support person such as a friend or Project S.A.F.E. advocate, if desired.
The student will be informed of her/his right to press charges against the assailant on campus and/or
with the police and will be given a copy of the campus Sexual Assault Policy. The student has the right
to determine whether formal charges will be filed against the assailant either on campus or with the
police; but if the situation indicates that the student or others may be in danger, a College officer will
be appointed, and investigation will take place immediately, and action may be taken against the
accused by the College in the absence of a formal complaint by the student.
Obtaining Information, Support and Counseling
Counselors at a variety of agencies both on and offcampus, can help a person decide what steps to
take, such as seeking medical attention, preserving evidence, obtaining counseling or reporting to
authorities.
Information, support and advice are available for anyone who wishes to discuss issues related to
sexual assault, whether or not a sexual assault has actually occurred, and whether or not the person
seeking information has been assaulted, has been accused of a sexual assault, or is a third party.
Students may consult:
Oncampus agencies
Emmons Health Center (3232592657)
Project S.A.F.E (Sexual AssaultFree Environment) (3233214750)
Dean of Students Office (3232592661)
Office for Religious and Spiritual Life clergy (3232592621)
Offcampus agencies
Peace Over Violence 24hour Hotline: For information, support, referrals, accompaniments,
advocacy, counseling and selfdefense.
(626) 7933385 (310) 3928381 (213) 6263393
Valley Trauma Center 24hour Hotline: For information, support, referrals, accompaniments,
advocacy, counseling and education.
(818) 8860453 (661) 2530258
Santa Monica Rape Treatment Center24 hour emergency medical care and forensic
examination; individual, conjoint and family psychotherapy; legal advocacy and accompaniment.
(310) 3194000 option " 0 "
Faculty and staff may consult:
Staff and administrators may contact Human Resources (3232592613)
Faculty may contact the Dean of the College (3232592908)
Medical Treatment
A person who has experienced a sexual assault is urged to seek appropriate medical evaluation as
promptly as possible, ideally within 72 hours of the incident.
For lifethreatening conditions, call 911 (9911 from a campus phone) or go to the nearest hospital
emergency department. Emergency Hospitals such as the USC/LA County Hospital (3232262622)
have a crisis team, including an advocate, a counselor, and medical personnel who will help you.
For treatment of less serious injuries, students can go to Emmons Health Center were practitioners
will describe the medical services available at Emmons, as well as what they could expect at local
emergency rooms. Practitioners will inform the student of the oncampus sexual assault reporting
procedure as well as explain that a hospital is the best place to go if he/she may wish to take legal
action at any point.

Confidentiality of the student will be maintained and information will be released only to those who
require it in order to provide assistance or care. Follow up may be provided at Emmons Health
Center.
Medical Legal Evidence Collection
A person who has experienced a sexual assault (particularly rape, forcible oral copulation, or sodomy)
is encouraged to request collection of medicallegal evidence. Collection of evidence entails
interaction with police and a police report. Prompt collection of physical evidence is essential should a
person later decide to pursue criminal prosecution and/or a civil action.
Questions about evidence collection can be directed to:
Peace Over Violence 24hour Hotline: For information, support, referrals, accompaniments,
advocacy, counseling and selfdefense.
(626) 7933385 (310) 3928381 (213) 6263393
Valley Trauma Center 24hour Hotline: For information, support, referrals, accompaniments,
advocacy, counseling and education. (818) 8860453 (661) 2530258
Santa Monica Rape Treatment Center24 hour emergency medical care and forensic
examination; individual, conjoint and family psychotherapy; legal advocacy and accompaniment.
(310) 319 4000 option " 0 "
VI. Investigating an Allegation of Sexual Assault
1. Initiating a Complaint
Any student of Occidental College who feels that he or she has been sexually assaulted or any faculty,
staff, administrator, Campus Safety officer or student who witnesses sexual assault should promptly
report the incident to the Office of the Dean of Students.
2. Filing a Report
The Vice President for Student Affairs/Dean of Students will designate an administrator ("DOS") who
will supervise an investigation into the incident.
The DOS will meet with the complainant to review the facts in the allegation and to explain the
subsequent steps involved in a sexual assault investigation. At her/his discretion, the DOS may
consult with and/or refer the complainant to the professional staff member coordinating the Project
S.A.F.E. program. Project S.A.F.E. personnel may assist the complainant to write the Incident Report.
The completed Incident Report will be promptly forwarded to the DOS.
Immediate Response. The DOS will initiate an immediate response to separate the complainant and
respondent from engaging each other in common areas, residence halls, campus buildings, and
student activities. The DOS will outline options to change a complainant's academic and/or living
situations if those changes are requested by the complainant and are reasonably available. At his/her
discretion, the DOS may remove the complainant from a hostile living situation. All Incident Reports
and directions to the respondent and complainant will be forwarded to the Director of Campus Safety.
3. Preliminary Investigation
The DOS will inform both parties of the respective time and place of the interviews and that contact
between the parties will be limited to necessity (see Immediate Response). During this stage of
investigation, the complainant and respondent have the right to be accompanied by an advocate who
is not a lawyer during interviews with the DOS.
The DOS will investigate the incident by separately questioning the complainant and respondent. The
purpose of the preliminary questioning is to ascertain to reasonable certainty whether the respondent
may have violated the Sexual Assault Policy and what immediate responses need to occur. At the
conclusion of the interviews, the DOS will prepare a preliminary report of the findings of her/his
investigation for presentation to the Hearing Panel as well as the complainant and respondent.

During any stage of the investigation, if the DOS becomes aware that the respondent poses a threat to
the campus community, the DOS may immediately remove the respondent from campus housing
and/or restrict the respondent's movement on campus.
4. Hearing Panel
The DOS will assemble a panel composed of representatives from Student Affairs and the faculty. The
panel will hear the facts of the case from both parties and shall determine by a preponderance of the
information gathered whether the respondent has violated the specific charge made against him/her
under the Sexual Assault Policy. No information will be permitted concerning the sexual history of the
complainant.
The hearing will be closed to the public, and although an advocate may accompany either party,
neither party may be accompanied by an attorney. A request from either party to speak to the panel
without the other party present in the hearing room shall apply to both parties and their advocates.
The panel will select a chair from among its membership. Panel members will deliberate in private
and the chair will issue the panel's decision, to the DOS regarding whether the respondent is found to
be responsible or not responsible for the charges. The deliberations of the panel will not be recorded.
5. Disciplinary Sanctions
Sanctions against a student who has violated the Sexual Assault Policy will be at the discretion of the
DOS, and will vary depending on the severity of the violation. Action against a student found to have
violated the policy may include expulsion from campus housing, mandated behavioral intervention,
and/or may include censure, suspension, or expulsion from the College. In congruence with a Zero
Tolerance Policy, any student found to have committed rape will be expelled from Occidental College.
Both the complainant and respondent must be informed of the outcome of a sexual assault proceeding
within three (3) days of the panel's decision. To assist the DOS in formulating appropriate sanctions
the complainant may make a statement of the impact of the assault.
6. Appeal Process
Any disciplinary action against a student who has violated the Sexual Assault Policy may be appealed
following the process identified in the Code of Student Conduct in effect at the time of the sanction.
The Code of Student Conduct can be found in the Student Handbook on the College website.
7. Recording Investigative Materials and Reports
The permanent disciplinary record of a student who violates the Sexual Assault Policy will reflect this
violation if and only if the allegations of the complainant are found to be true. However, a separate
file including the incident report, findings of the hearing panel, and the DOS' final report will be kept
for at least seven (7) years from the date of the final report.
8. Disciplinary Action for Faculty and Staff
A violation of this policy will be addressed according to applicable faculty and staff personnel policies.
Employees in a collective bargaining unit are covered by policies in the applicable agreement. For
proven violation, possible sanctions range from censure to separation from the College.
VII. Legal Options
In addition to College disciplinary actions, a person who engages in a sexual assault may be the
subject of criminal prosecution and/or civil litigation.
A police report must be made in order for criminal prosecution to be considered by the local District
Attorney. The chances of successful prosecution are greater if the report is timely and is supported by
the collection of medicallegal evidence.
VIII. Managing the Interests of the Alleged Respondent
It must be recognized that the alleged respondent in a College investigation has legal and other rights

and that complaints in which each of the parties are members of the campus community are the most
ethically and legally complex. A presumption of guilt should not be made as the result of any
allegations.
Insofar as it is possible, the College shall act to protect the identity of the respondent until such time
as allegations against him/her are confirmed through the procedures outlined in this policy.
In the event that a student is accused of sexually assaulting another student at the College and a
formal complaint is lodged with the Dean of Students, he/she shall be encouraged to seek advice from
a member of the College community on the following:
a copy of any relevant documentation about internal conduct proceedings;
depending on the nature of the allegation, the respondent should consider seeking qualified legal
advice should criminal or civil action result; and
his/her capacity to access confidential counseling from someone with no contact with the
survivor.
The respondent has a right to select an advocate, within the guidelines of this policy. Counseling
and/or support can only be offered to a respondent who is an Occidental College student.
When the parties are members of the College community, arrangements will be made limiting or
ceasing any ongoing contact during the investigation phase. This will occur in conjunction with the
professional staff coordinator of Project S.A.F.E., Campus Safety, and the Dean of Students or
designee.
IX. Institutional Responsibilities
1. Public Information
Requests from the press or other media for information concerning an incident of sexual assault will
be directed to the Department of Communications and Public Relations (3232592990).
2. Public Notification of Incidents
As required by state and federal law, the Campus Safety Department collects and reports annually
statistical information concerning sexual assaults occurring in its jurisdiction. To promote public
safety, Campus Safety also alerts the campus community to incidents and trends of immediate
concern.
3. Policy Revision
Policy will be reviewed annually to coincide with the California Penal and Educational Code by the
Dean of Students Office.
X. Policy Enforcement
This policy was authorized and approved by the President of Occidental College and is enforced under
the authority of the Dean of the College, Vice President of Student Affairs/Dean of Students, Vice
President for Administration and Finance, Vice President for Admission and Financial Aid, Vice
President for Institutional Advancement, and Vice President for Information Resources.

2009-2010 Occidental College Sexual Assault Policy

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