Sexual Conduct Policy
III. Procedures for Survivors of Sexual Assault or Rape
VI. Filing a Report with the Portland Police Bureau
VII. Academic or Residence Hall Changes
VIII. Imminent Danger to Community
IX. Pertinent Federal Legislation
XII. Legal Option for Survivors of Sexual Assault
I.
POLICY
Introduction
Lewis & Clark College is committed to providing a learning environment free
of all forms of abuse, assault, harassment, and coercive conduct, including
sexual misconduct. This sexual conduct policy includes definitions of terms,
prevention information, procedures, and resources available in the event of
sexual harassment, sexual assault, or rape. Students, faculty, staff, and consultants
continually evaluate the College’s practices and procedures regarding inappropriate
sexual conduct.
Lewis & Clark College does not tolerate sexual misconduct in any form. Sexually
abusive behavior within the college community is harmful to both the learning
environment and the sense of community the college is trying to foster among
students, faculty, staff, and administrators. All members of the College community
have an obligation to act responsibly in the realm of sexuality. This includes
accepting personal responsibility for choices made about alcohol and drug consumption
which might lead to behavior which violates another person. Additionally, all
members of the College community have the responsibility to recognize and challenge
any sexual misconduct.
College students, often away from home for the first time, may be unsure of
how to handle situations such as rapidly expanding social circles and a lack
of parental restrictions. Date/acquaintance rape happens most frequently at
or after parties. Unfortunately, college age students traditionally take the
fewest precautions to prevent rape. The information that follows is designed
to provide a clear understanding of expectations and outcomes regarding sexual
conduct on this campus.
Violations
At Lewis & Clark College, rape is any sexual intercourse (anal, oral or
vaginal), however slight, with any object, by a man or a woman, without effective
consent.
At Lewis & Clark College, sexual assault is any sexual touching, however
slight, with any object, by a man or a woman, without effective consent.
At Lewis & Clark College, sexual harassment is unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual
nature when (please also refer to the Harassment/Anti-harrassment policy):
1. Submission to such conduct is made either explicitly or implicitly a term
or condition of an individual’s employment or academic advancement.
2. Submission to or rejection of such conduct by an individual is used as a
basis for employment or academic decisions affecting such individual, and/or,
3. Such conduct has the purpose or effect of unreasonably interfering with an
individual’s work or academic performance or creating an intimidating,
hostile, or offensive working, campus living, or academic experience.
At Lewis & Clark College, sexual exploitation occurs when a student takes
non-consensual, unjust, 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 non-consensual
sexual contact (sexual assault), non-consensual sexual intercourse (rape) or
sexual harassment.
Examples of sexual exploitation include, but are not limited to:
* Prostitution
* Videotaping without knowledge and consent of all parties
* Going beyond the boundaries of consent in any form
* Peeping Tommery
* Transmission of HIV or STD
* Inducing incapacitation with the intent to rape or sexually assault—This
type of sexual exploitation occurs regardless of whether sexual activity actually
takes place.
At Lewis & Clark College, effective consent is informed; freely and actively
given; mutually understandable words or actions; which indicate a willingness
to do the same thing, at the same time, in the same way, with each other.
Lewis & Clark strongly encourages its students who choose to engage in sexual
behavior to talk about their actions, and to communicate as clearly and verbally
as possible with each other.
In the absence of mutually understandable words or actions
(a meeting of the minds on what is to be done, where, with whom, and in what
way), it is the responsibility of the initiator, or the person who wants to
engage in the specific sexual activity to make sure that he or she has consent
from their partner(s). Consent to some form of sexual activity does not necessarily
imply consent to other forms of sexual activity. Mutually understandable consent
must be obtained by the initiator at every stage of sexual interaction.
Mutually understandable consent is almost always an objective standard. Consent
is mutually understandable when a reasonable person would consider the words
or actions of the parties to have manifested a mutually understandable agreement
between them to do the same thing, in the same way, at the same time, with one
another. The only context in which mutually understandable consent may be considered
in its subjective sense is in the context of long-term relationships where couples
have established patterns of communicating consent that alter/replace the definition
elaborated here.
Consent which is obtained through the use of fraud or force (actual or implied)
whether that force be physical force, threats, intimidation, or coercion, is
ineffective consent:
* Physical force exists, for example, when someone acts upon you physically,
such as hitting, kicking, restraining or otherwise exerting their physical control
over you through violence.
* Threats exists where a reasonable person would have been compelled
by the words or actions of another to give permission to sexual contact they
would not otherwise have given, absent the threat. For example, threats to kill
you, themselves, or to harm someone you care for are sufficient to constitute
threats.
* Intimidation exists where someone uses their physical presence to menace
you, though no physical contact occurs, or where your knowledge of prior violent
behavior by an assailant, coupled with menacing behavior, places you in fear
as an implied threat.
* Coercion exists when a sexual initiator engages in sexually pressuring
and/or oppressive behavior that violates norms of respect in the community,
such that the application of such pressure or oppression causes the object of
the behavior to engage in unwanted sexual behavior. Coercion may be differentiated
from seduction by the repetition of the coercive activity beyond what is reasonable,
the degree of pressure applied, and the initiator’s knowledge that the
pressure is unwanted.
Consent may never be given by a minor to an adult.
Mentally disabled persons cannot give consent to sexual activity if they cannot
appreciated the fact, nature, or extent of the sexual situation in which they
find themselves. The mental disability of the party must be known or reasonably
knowable to the non-disabled sexual partner, in order to hold them responsible
for the violation. Therefore, when mentally disabled parties engage in sexual
activity with each other, such knowledge may not be possible.
Physically incapacitated persons cannot give consent. One who is physically
incapacitated as a result of alcohol or other drug consumption (voluntary and
involuntarily), or who is unconscious, unaware, or otherwise physically helpless,
is incapable of giving consent. One may not engage in sexual activity with another
who one knows or should reasonably know to be physically incapacitated. Physically
incapacitated persons are considered incapable of giving effective consent when
they lack the ability to appreciate the fact that the situation is sexual, and/or
cannot rationally and reasonably appreciate the nature and extent of that situation.
A person who is the object of sexual aggression is not required to physically
or otherwise resist a sexual aggressor.
Silence, previous sexual relationships, and/or current relationship with the
respondent (or anyone else) may not, in themselves, be taken to imply consent.
Consent cannot be implied by attire, or inferred from the buying of dinner or
the spending of money on a date.
Intentional use of alcohol/drugs by the respondent is not an excuse for violation
of the sexual conduct policy.
Consent to sexual activity may be withdrawn at any time, as long as the withdrawal
is communicated clearly (because you cannot be expected to read the mind of
your sexual partner(s)), and all sexual activity must cease.
Consent has an expiration date. Consent lasts for a reasonable time, depending
on the circumstances.
Attempts to commit sexual assault or rape are also prohibited under this policy,
as is aiding the commission of sexual misconduct as an accomplice.
II. PREVENTION
It can be difficult to discuss sexual expectations with someone—especially
when it is early on in a relationship. However, both men and women must take
responsibility to prevent rape.
Listed below are prevention tips for men and women. Although no single method
will make you immune from rape or assault, there are steps you can take to avoid
potentially damaging situations.
Responsibilities for Both Men and Women
1. Get to know your partner and discussing sexual expectations before you find
yourself in an intimate situation—don’t let sex "just happen."
2. Clearly communicate your desires and limits. Don’t make assumptions.
3. Avoid excessive use of alcohol.
4. Be assertive. If you say "no," say it clearly.
5. Listen—and hearing. Being told "no" is not a rejection of
you as a person. You can also say "no."
6. Pay attention to your non-verbal actions.
7. Accept your partner’s decision. Don’t try to coerce or manipulate.
8. Understand and accept that you are responsible for your behavior and choices.
9. Trust your instincts. If you think something is wrong, you are probably right.
Get out of the situation immediately.
Incapcitated Sex
If you choose to drink, the likelihood you will remember to consider the above
responsibilities is greatly reduced. Thus, you run the risk of impaired thinking
and communication. Some individuals get themselves and their partners drunk
enough to let sex "just happen."
Being drunk is never an excuse for raping or assaulting someone.
Alcohol is not the only drug that can facilitate unwanted sex. There are drugs,
increasingly found at parties and raves, that have come to be known as "date
rape drugs" because of their ability to incapacitate. These drugs are often
added to drinks without the victim’s knowledge. These drugs include:
GHB (also known as "G," Liquid Ecstasy, Blue Nitro, Reviverant, Grievous
Bodily Harm, or Georgia Home Boy). It can cause nausea, vomiting, delusions,
amnesia, seizures, and loss of muscle control. It can leave you conscious but
unable to move, unconscious, in a coma, or it can kill you. It usually has a
bluish color, is odorless, and tasteless.
Rohypnol (also known as Roofies, Roche, or Forget-me Pill). It can cause drowsiness,
dizziness, confusion, and amnesia. It can contain dangerous impurities.
Be careful. Do not accept drinks that you are not completely sure of the contents.
Do not leave drinks unattended. Keep an eye on yourself and your friends, for
any suspicious activity, and for signs of the symptoms listed above.
Risks of Alcohol
* At least 70% of all sexual assaults involve alcohol.
* The use of alcohol can be a factor for the survivor, the aggressor, or both.
* Alcohol lowers inhibitions and impairs judgment, which can lead to a dangerous
situation.
* Alcohol and sex can be as dangerous as drinking and driving.
III. PROCEDURES FOR SURVIVORS OF SEXUAL
ASSAULT OR RAPE
Sexual assault is never the survivor’s fault.
Sexual assault can happen to anyone. There is no typical survivor. Statistics
indicate that anywhere from 85–90% of all sexual assaults occur between
people who know each other.
If a friend has been assaulted or raped:
1. Listen and be supportive.
2. Let your friend make her or his own choices.
3. Encourage your friend to immediately contact the Sexual Assault Response
Advocate or one of the other Sexual Assault Network Contacts listed below.
4. Stay with your friend during interviews and examinations if she or he wants
you to do so.
5. Take care of yourself. You may need to talk with someone about how this has
affected you. The resources listed in this section are for you as well.
If you have been assaulted or raped, you have control of the choices you can
make. The following are recommendations to assist you in dealing with this crime:
1. Do not blame yourself. Sexual assault is never the survivor’s fault.
2. Go to a safe location.
3. If you are injured, seek medical attention immediately.
4. Do not shower, bathe, or douche. The only way medical evidence can be collected
is if it is left intact.
5. Contact one or more of the following resources.
IV. SEXUAL
ASSAULT RESPONSE NETWORK
Sexual Assault Response Advocate pager: (503) 202-3119
Campus Safety Office: (503) 768-7777
Counseling Center: (503) 768-7160
Health Center: (503) 768-7165
Student Development Center: (503) 768-7191
Dean of Students: (503) 768-7145
Office of Residence Life: (503) 768-7123
Your Resident Assistant or Resident Director
Sexual Assault Response Advocate pager: (503) 202-3119
The Advocate responding to your page is a professional
with the College’s Counseling Center who is on call 24 hours a day, 7 days
a week.
The Advocate will offer overall assistance and follow-up to the survivor. All
interaction with the Advocate is confidential. The survivor may choose to speak
anonymously with the Advocate while also receiving the support as outlined in
this document.
The Advocate will explain the network of contact points available in terms of
boundaries of confidentiality, services offered by each contact point, and options
and choices available to the survivor. Each of the contact points in the network
is trained to assist survivors in accordance with the Sexual Assault Network
Protocol and Procedures.
Contact points included in this Sexual Assault Response Network include Residence
Life staff (RDs and RAs), Counseling Center Staff, Student Health Center staff,
Campus Safety officers, the Dean of Students.
These contact points provide counseling assistance, medical treatment, aid in
seeking legal advice, family crisis management, help with rearranging class
or exam schedules, transferring residence halls, and any other service or facilitation
as necessary.
The survivor’s use of the Sexual Assault Response Advocate, network contact
points and any and all services provided by associated departments is completely
voluntary.
All interaction with the Advocate is confindential. The Advocate will notify
the Dean of Students that the Sexual Assault Network protocol is "active"
but will not disclose confidential information to the Dean of Students without
prior consent of the survivor.
The Sexual Assault Response Advocate will monitor each contact point to ensure
consistent implementation of protocol. Every effort will be made to coordinate
support among the different contact points so that the survivor is not recounting
his or her experience for each new contact.
Advocacy services are also available for the alleged perpetrator, including
counseling and medical resources.
Anonymity and Confidentiality
A survivor can call the Advocate, receive support and information, and never
give his or her name. This maintains anonymity while providing assistance as
necessary. The survivor may choose to utilize services outlined by the Advocate,
or the survivor may choose to do nothing at this time.
If the survivor chooses to give his/her name to the Advocate, their name will
be maintained in confidence. The Advocate is not obligated to disclose the name
of the survivor to the College, unless the survivor chooses to have this information
shared.
Student Health Center employees, Counseling Center staff, and the Dean of Students,
are not obligated to disclose the name of the survivor publicly, only to file
an anonymous Sexual assault incident report form.
Resident Assistants, Resident Directors, Campus Safety personnel, and other
administrative staff are required to inform their immediate supervisor if they
learn of an alleged rape or sexual assault, and they are expected to file a
Sexual Assault Incident Report form (which is anonymous). Beyond this notification
of supervisor, these individuals will keep information in the strictest of confidence.
No campus agency will release the names of survivors to the media or public.
Some campus agencies may need to be notified about the incident regarding safety
concerns for others, but names will not be released.
Sexual Assault Incident Report Form
The Sexual Assault Response Advocate, as well as all network contact points,
will file an anonymous Sexual Assault Incident Report Form to be kept on file
with the Sexual Assault Response Advocate.
This report does not carry the survivors’s name or other specific identifying
information, unless specifically authorized by the survivor. Forms will be available
from Campus Safety, Residence Life, Counseling Center, Health Center, and the
Dean of Students. The form may be submitted to the Advocate by survivors.
The report is kept on file by the Advocate in the Counseling Center. The incident
will be reported to the Campus Safety Office and published as a statistic in
the annual Campus Security Act crime report. The name of the survivor remains
confidential with the Advocate.
V. MEDICAL ATTENTION
If a survivor is so inclined, it is imperative that he or she seek immediate
medical attention. Physical evidence of a sexual penetration goes stale after
72 hours, at a maximum, and it is best to have a PERK (Physical Evidence Recovery
Kit) administered by a doctor within 48 hours of the assault. This procedure
is free only at OHSU.
Preserving physical evidence is essential to any later criminal prosecution,
and it is extremely helpful in campus adjudications. Convictions without physical
evidence are all but impossible. PERK results are sealed by the doctor and safeguarded
by the police. Police will be notified when a PERK is administered. Although
the PERK is only done at OHSU, the morning after pill and test for STDs and
pregnancy are available at the Student Health Center.
However, by Oregon statute, only police officers authorize rape evidentiary
testing, PERK being one form of testing which is a simple swabbing for semen
to submit to a police lab. The Portland Police authorization is granted if it
appears the survivor will legally follow through with criminal proceedings which
starts with a police report.
Unless it is still being worn, clothing worn at the time of the assault should
be placed in clean, unused paper bags and taken to the hospital (or college
Student Health Center). Receiving medical attention is also important if it
is possible that the survivor has suffered internal injuries, or fears pregnancy
or sexually transmitted diseases.
In most areas, administration of the PERK is free. However, it may be of concern
to the victim that hospitals do charge for pregnancy and STD tests. If pregnancy
is a serious concern, the survivor should be aware that it is lawful for doctors
to prescribe a "morning-after" pill to rape victims which induces
their periods, whether or not they are pregnant.
The Sexual Assault Checklist used by OHSU emergency unit is available from the
Sexual Assault Response Advocate or the Dean of Students.
Note: While this policy neither promotes nor discourages the practice
of abortion, it holds as paramount the right of survivors to know options and
be empowered to make their own decisions.
Rape Trauma Syndrome (RTS)
An acute stress reaction to the threat of being killed or of being seriously
injured, resulting from either a completed or attempted sexual assault. Not
all the reactions encompassed by RTS are experienced by each survivor, rather,
RTS represents a range of possible reactions. RTS reactions vary from person
to person.
RTS has two major phases: the immediate or acute phase, in which the survivor’s
lifestyle is completely disrupted, and the longterm phase, in which the survivor
must reorganize this disrupted lifestyle. Characteristics of the first phase
include shock, disbelief, sleeping and eating pattern disturbances, difficulty
in concentrating, fear, shame, guilt, mood swings, lack of self-esteem, and
flashbacks to the incident. The reintegration phase will be aided by support
from friends, relatives, and others in the survivor’s
environment.
VI. FILING A REPORT WITH THE
PORTLAND POLICE BUREAU
Campus Safety officers are on duty 24 hours a day, seven days a week and will
initiate an investigation, if the survivor wishes.
At the discretion of the survivor, Campus Safety will assist in filing a report
with the Portland Police Bureau. Campus Safety officers are trained in working
with survivors of sexual assault and rape by members of the Portland Police
Sex Crimes Unit. The Portland Police Bureau is required by law to maintain the
confidentiality of all survivors of sexual assault and rape.
The survivor may request that the Portland Police Bureau investigate the crime
and gather evidence at the time of the incident. The longer the survivor waits,
the smaller the amount of evidence the police will be able to obtain. However,
it is important that there at least be a fresh incident report on file if the
survivor decides later that he or she would like to take further action.
The survivor may request that the Police Bureau not investigate the crime itself
but rather maintain the information of the crime and its particulars in its
regular reservoir of crime data.
VII. ACADEMIC
OR RESIDENCE HALL CHANGES
Initiating any academic or housing changes at the Dean of Students office is
fully confidential and voluntary on the survivors’ part, as is seeking
disciplinary action by the College.
VIII. IMMINENT
DANGER TO COMMUNITY
In cases which represent clear danger to the community at large, the Advocate
will contact the Dean of Students. If the Dean concludes that a serious threat
exists, the Dean will release a warning to protect the community while preserving
the reporting survivors’s anonymity.
IX. PERTINENT FEDERAL LEGISLATION
The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act
includes protections which are intended to help the survivor of sexual assault
by requiring colleges to report accurate statistics regarding sexual assaults
and rapes.
Additionally, if the assault or rape is reported, the survivor can choose to
pursue disciplinary action on campus without needing to file charges with the
police. The campus disciplinary procedures, outlined below, are designed to
support the survivor by expediting a hearing and appropriate sanctions.
X. DISCIPLINARY PROCESS
The College’s disciplinary procedures should be viewed as a resource to
the survivor of sexual assault, rape, and sexual harassment. Sexual assault
and rape are criminal violations and violations of College policy. A student
charged with sexual misconduct can be prosecuted under the Oregon Criminal Code
if the survivor chooses, and separately disciplined by the College. Even if
the criminal justice authorities choose not to prosecute, a student charged
with any type of sexual misconduct will be subject to the College disciplinary
process. If the College’s Sexual Misconduct Review Board finds that the
alleged misconduct occurred, disciplinary action includes the strong possibility
of suspension or dismissal from the College. Hearing procedures and disciplinary
sanctions are outlined below.
Initial Steps
As described in this policy’s section three, "Procedures for Survivors
of Sexual Assault or Rape," it is possible for a survivor to make a first
report to a number of different contact points throughout the college community
(Sexual Assault Response Advocate, Health Center, Counseling Center, Dean of
Students, Campus Safety). If, after meeting with any of these contact points,
the survivor determines that he or she would like to pursue a college disciplinary
hearing, the contact point will direct the student to meet with the Dean of
Students.
Once a meeting is arranged, the Dean will outline the options available, including
how a judicial hearing will work, along with its possible outcomes. If the survivor
decides to make a charge, the Dean will take a written (or tape-recorded) statement
of the survivor’s account of the incident (or, the survivor may give such
a statement directly to Campus Safety). The accused student will also be given
the opportunity to provide the Dean with a written statement after the charge
has been made by the survivor. It should be noted that if Campus Safety has
already taken a written statement from the survivor and/or the accused, the
Dean may use these statements in lieu of the statements mentioned above.
The Dean will then present the accused student with a written statement of the
survivor’s charges against him or her. The Dean will notify the accused
student that the hearing board members are being chosen and provide him or her
with the date of the hearing. The hearing will be held within 5 working days
of the survivor’s initiation of charges. If this condition cannot be met,
both the survivor and the accused will be notified regarding the status of the
case. Both the survivor and the accused will be informed in writing of the hearing
format and specific charges.
If the Dean determines that it is in the best interest of either student for
safety or other reasons, the accused and/or the survivor will be provided different
accommodations. Both students will be instructed to avoid all contact with the
other. If these instructions are not heeded, disciplinary action will be taken,
including the possibility of immediate suspension from the College and trespass
from campus. Additionally, assistance is available for changing academic and
living situations after a report of sexual misconduct is filed, if so requested
by the survivor and if such changes are reasonably available.
Note: In the context of the College judicial process, the survivor is
initiating formal allegations of misconduct. The charges of misconduct remain
allegations until a decision is reached by the Sexual Misconduct Review Board.
Composition of the Sexual Misconduct Review Board
The Sexual Misconduct Review Board is composed solely of administrators and
staff members, because these two groups are likely to have the least future
interaction with the students involved. Board members are appointed by the Dean
of Students.
When selected, all members of the board receive comprehensive training. Topics
covered include: sensitivity to survivor reactions; characteristics of Rape
Trauma Syndrome; myths and facts about sexual assault; sensitivity to both race
and sexual orientation of individuals; and appropriate standards of proof.
The board will be composed of a pool of administrators and staff, three of whom
will be selected to hear any given case. Both men and women will comprise the
pool and each convened board. The Dean will chair the board during the hearing
and provide administrative support and clarifications as needed.
The students involved may challenge the composition of the board. The accused
and alleged survivor will be notified of the names of those who will serve on
the board at the time the hearing is scheduled. If either objects to any member
or members of the board, he or she must commit the reasons for the objection
to writing. The Dean will review the objection and decide whether the hearing
board member(s) should or should not be replaced. Removal from the hearing board
will occur only if the Dean is convinced that absence of impartiality or other
extenuating circumstances would result from allowing the hearing board member
to adjudicate the incident. Any member who personally knows either the accused
or the survivor will be excused from the case.
Elements of the Hearing
The hearing will be convened in a private room where there will be no disturbances
from other members of the campus community. The hearing will not be open to
the public. A formal record of the hearing (audio tape recording and/or written)
will be maintained and made available to the accused and survivor if requested.
There will be separate waiting rooms for the accused’s witnesses and for
the alleged survivor’s witnesses. A list of witnesses for each side must
be submitted to the Dean of Students at least 48 hours prior to the hearing.
The survivor and the accused do not need to be present in the hearing room at
the same time. Both the survivor and the accused may be present throughout the
hearing. Both may present evidence on their own behalf through the presentation
of witnesses. Both may choose a person to accompany them during the judicial
proceedings. Both may have advisory participation from counsel. However, such
counsel may not serve in an advocacy role in the hearing.
The alleged survivor will present his or her case first, and be able to call
witnesses. There are some situations in which the survivor cannot or will not
present his or her own case. In these situations, the Dean may appoint an administrator
to present the case for the College in the survivor’s stead. If the survivor
elects to let the College present the case, the survivor still may be present
throughout the entire proceeding.
Next, the accused student may present his or her case. Then, the accused can
call witnesses. The hearing board may recall any witnesses at any point to clarify
or challenge statements made during the hearing. The hearing board members are
allowed to ask questions at any point throughout the hearing. Either party may
request that portions of the audio tape be rewound and replayed for the hearing
board members or witnesses. Neither the accused nor the survivor may directly
question each other during the hearing. Questions and
clarifications must be directed to the board.
Prior sexual behavior/sexual history of the survivor is not relevant and will
not be allowed to be presented during the hearing. Hearing board members are
obligated to prevent such information from being admitted.
The Decision Making Process
Once the hearing is concluded, the board members will, after meeting in closed
session, render a decision within 48 hours. However, if they cannot reach a
decision in that time, witnesses may be recalled for further questioning. The
members of the hearing board have to decide if the accused student’s actions
meet the College’s definition of sexual misconduct.
To establish responsibility, the hearing board must decide that the accused’s
behavior satisfies the definition of the misconduct to the extent required by
the standard of proof in sexual misconduct cases— "more likely than
not." Once a decision is made, the Dean of Students will inform the accused
student first, then the alleged survivor, in the form of a letter which will
include an explanation of the Board’s deliberations. They will be informed
separately and at different times so that they do not encounter each other.
Disciplinary Sanctions
If an individual is found to have violated the sexual misconduct policy, one
or more of the following sanctions will be invoked.
Sanctions
Warning: A notice in writing to the student that
the student is violating or has violated institutional regulations.
Conditional Disciplinary Probation: A written reprimand which places
the student’s participation in College activities in a provisional status.
Probation may exclude the student from participation in co-curricular activities
in which the student represents the College (such as varsity athletics and club
sports, elected student office, debate, musical and dramatic groups). Probation
may include mandatory counseling and includes the probability of more severe
disciplinary sanctions if the student further violates College regulation(s)
during the probationary period.
Unconditional Disciplinary Probation: Immediate invocation of a disciplinary
suspension should additional violation(s) of College policies occur during a
specified period of time.
College Suspension: Separation of the student from the College for a definite
or indefinite period of time after which the student is eligible for return.
Conditions for re-admission may be specified. At the discretion of the Dean
of Students, a College suspension may be deferred to take effect at the end
of the term.
College Dismissal: Permanent separation of the student from the College.
Other: At the discretion of the Dean of Students and/or the hearing board,
other sanctions outlined in the Student Code of Conduct may be invoked.
Appeal Process
The decision of the hearing board may be appealed by both the survivor and the
accused. The Associate Provost is the appellate for decisions reached by the
Sexual Misconduct Review Board. Either party is entitled to an appeal if he
or she can show to that the adjudication was in any way biased or unfair, or
that the process and/or sanctions was violative of college policy. The alleged
survivor and the accused student have access to a transcript or copy of the
audiotape of the hearing for use in crafting their appeals, if a waiver of FERPA
rights has been signed by both parties. Appeals must be submitted in writing
to the Associate Provost or designate within two weeks of the decision of the
board.
XI. PORTLAND AREA RESOURCES
Crisis Services/Counseling/Advocacy
The following resources are available in the Portland metropolitan area.
Portland Women’s Crisis Line (24 Hours)
Crisis Line (503) 235-5333
Business Line (503) 232-9751
Rape Crisis Center (24 Hours) (503) 640-5311
This number connects to an operator who will take the survivor’s name (can
be anonymous) and number and will have an advocate call the survivor back immediately.
Services provided are free, anonymous and confidential. The Rape Crisis Center
advocate will provide resources and referrals to counseling, hospitals, legal
information, safe places, support groups, multi-cultural/bilingual resources
and religiously affiliated resources.
Multnomah County Rape Victim Advocates (Business Hours)*
Multnomah County (503) 248-3222
Washington County (503) 640-5311
Clackamas County (503) 655-8616
Clark County/Washington state (360) 696-0167
These services are free and anonymous. The advocate will provide resources and
referrals to counseling, safe places, and support groups. This service specializes
in legal options information and assistance regarding criminal charges and crime
victim compensation.
* These numbers will conect you to the District Attorney’s
operator. Ask for a Rape/Sexual Assault Advocate.
Planned Parenthood (503) 775-3918
Planned Parenthood services are anonymous, with payment on a sliding scale fee.
If requested, services will not be listed on insurance record. Payments may
be made over a set time period. Other fee for service options include: pregnancy
testing and options counseling, STD screening, morning after pill, and HIV testing.
YWCA
Portland (503) 294-7400
Vancouver (800) 695-0167
YWCA Shelter (503) 977-7930 ext. 104/101
Services are free and include a domestic violence shelter, sexual abuse support
groups, and oneonone counseling.
Helios Counseling Services (503) 238-0780
Helios provides mental health services to sexual minority communities and counseling
for individuals and groups.
XII.
LEGAL OPTIONS FOR SURVIVORS OF SEXUAL ASSAULT
Portland Area Legal Assistance
Police Emergency Number: 911
Police Non-Emergency Number (503) 230-2121
DA Office’s Rape Victim Advocate (RVA) Line (503) 248-3222
Police Sexual Assault Detail Department (503) 823-0434
Domestic Violence Reduction Line (503) 823-0992
If an assault has recently occurred it is suggested that the survivor call either
911 to speak directly to the police or the Rape Victim Advocate Line, (503)
248-3222, to speak to an individual advocate who will work with the survivor
to provide legal options and support on an individual basis. Advocates work
out of the DA’s office, not the police department.
Legal Process for Sexual Assault/Rape Survivor
If the assault occurred within 72 hours:
1. Call 911 or the non-emergency police number (not the sexual assault line).
2. A uniform officer is assigned to come out to the survivor and take the report.
3. The officer gives the survivor the option of going to the hospital with them.
4. If the survivor wants a detective, the officer contacts one for them.
5. The survivor tells her story for the second time to the detective at the
hospital.
6. A Rape Victim Advocate (RVA) comes with the detective to the hospital. The
survivor can choose not to have an advocate.
7. The survivor is given the option of a rape exam.
8. The Advocate gives them their legal options and explains the legal process.
If the assault occurred more than 72 hours prior:
1. The officer comes out to the survivor and makes a report. The report is then
forwarded to the Sexual Assault Department of the Police Bureau, and the survivor
is assigned an advocate.
2. If the case is assigned (taken on) a detective will talk with the survivor
and explain legal options. A case will usually only be assigned if there is
evidence and followup available.
3. If the case is not assigned it remains on file.
Many survivors file reports but do not choose to followup with prosecution.
If they do not follow-up immediately but later choose to, they may, though the
longer they wait the harder it is to prosecute the case.
Restraining Orders and Stalking Orders
Restraining Orders work only in cases of "domestic violence" which
is defined as "a relationship that is sexual." An example would be
a live-in boyfriend or husband. To receive a restraining order the domestic
violence had to occur within the last two years and violence or a threat of
violence had to take place within the last six months.
Stalking is defined as "two or more unwanted contacts in the last six months."
Obtaining a Restraining Order and Options to Prosecute
1. The survivor calls 911
2. The officer comes out, asks them for their story and takes a report.
3. The following day (a large time elapse) an officer in the Domestic Violence
Reduction Department of the Police (DV Officer) receives the report.
4. The DV makes a follow-up call to the survivor, finding out what they want
to do and giving them their legal options which include:
a) being assigned an advocate
b) restricting orders
c) stalking orders
d) options to prosecute
5. If the survivor wants to prosecute:
a) The DV Officer calls the DA’s office.
b) The DA orders a copy of the DV Officer’s report.
c) The DA makes a phone appointment with the survivor and gets more details
(they may have to tell their story again).
d) The DA’s office assigns an advocate.
e) The advocate and the DA work together to try to prosecute the alleged perpetrator.
f) If the DA needs more details still, the file goes back to the DV officer.Steps
4 and 5 are repeated.
Obtaining a Stalking Order Only
1. The survivor works directly with the Domestic Violence Reduction Department
Officers (DV officers).
2. D.V. officers help them to fill out the paperwork and notarize reports. DV
officers can stand in court for a woman if need be in order to obtain a stalking
order.
3. The stalking order is put on file.
4. There is no cost.
General Facts About the Legal Process
1. A survivor may call an advocate before calling the police.
2. The survivor may choose to have a woman uniform police officer (if one is
available)
3. The majority of the survivors tell their stories twice if the assault happened
within 72 hours prior (once to the uniform officer, once to the detective).
4. Choosing to go to the police does not mean that action needs to be taken.
5. If the survivor chooses not to take action, the police will not call the
alleged perpetrator.
6. All reports are confidential. Confidentiality is maintained within the police
office, the DA’s office, and the advocate’s office.
7. The confidential report is taken to three different departments within the
police department:
a) Rape Victim’s Advocate office
b) Sexual Assault Division office
c) Detective Division
8. Pressing charges is always a choice. The success of prosecuting an alleged
perpetrator depends on several factors including:
a) if the survivor knows their perpetrator
b) evidence
c) probable cause
Note: Copies of pertinent Oregon Statutes are found in ORS 163.305–163.525
and may be obtained from the Campus Safety Office.