Search

APPENDIX V

Sexual Assault/Misconduct Policy

INTRODUCTION

If someone comes to you and discloses that she/he has been sexually assaulted, provide support and encourage the survivor to speak with one of the following campus supports: Sexual Assault Response Team (SART) member, counseling center staff, or campus safety. Team members and members of the counseling staff can be reached at extension 6408. Campus Safety can be reached at extension 6300. Individuals in these areas can be accessed 24 hours and can be expected to meet immediately with the survivor. The survivor also has the option to access support off campus through the Victims Resource Center (823-0765).

If a survivor refuses to speak to one of the above referral sources, you must review the Sexual Assault Booklet with her/him to clearly define options. In addition, all University employees are required to complete an anonymous Sexual Assault Incident Report and an employee protocol check list immediately. You must send this form directly to the Sexual Assault Response Team (SART) coordinator (Sr Cindy March - SSC extension 6366) By law, (The University and University Security Information Act), all higher education institutions must keep accurate statistics of reported sexual assaults. Misericordia University is required to disclose these anonymous statistics annually to the state police, the University community and all applicants upon request. In addition, this report is used to determine if there is any additional risk to the University community.


Sexual Assault/Misconduct Policy

*The University is a community of trust whose existence depends on strict adherence to standards of conduct set by its members. Sexual misconduct is a serious violation of these standards and will not be tolerated.

Sexual assault/misconduct is defined as threats and/or deliberate physical contact of a sexual nature which is against another person's will or without that person's consent. Examples of such behavior include, but are not limited to, the following:

  1. Rape A violation of Pennsylvania law, a felony of the first degree, is defined as sexual Intercourse with another person:
    • By forcible compulsion or threat of forcible compulsion
    • While the person is unconscious
    • While the person's power to appraise or control his/her conduct is substantially impaired by administrating or employing drugs, intoxicants, or other means for the purpose of preventing resistance.


  2. Sexual Assault A violation of Pennsylvania law, a felony of the second degree, is defined as sexual intercourse with another person without the person's consent.

  3. Indecent Assault A violation of Pennsylvania law, a felony of the second degree, is defined as indecent contact with a person:
    • Without the person's consent
    • By forcible compulsion or threat of forcible compulsion
    • While the person is unconscious
    • While the person's power to appraise his/her conduct is substantially impaired by administering or employing drugs, intoxicants, or other means for the purpose of preventing resistance.


It is important to note that having sex with a person who is legally intoxicated can meet the definition of rape because the person who is intoxicated on alcohol and/or other drugs is legally unable to give informed consent

* The University encourages all members of its community to be aware of both the consequences of sexual misconduct and the options available to survivors. The University urges survivors to seek assistance using any appropriate resources particularly the University's Sexual Assault Response Team (696-7145), Counseling Center (674-6408) Campus Safety (674-6300), Health Center (674-6276) and/or the Victims Resource Center in Wilkes Barre (823-0765).

* A student charged with sexual misconduct can be disciplined under the University's conduct code and may be prosecuted under Pennsylvania criminal statutes. Even if the criminal justice authorities choose not to prosecute, the University can pursue disciplinary action, which could result up to and including dismissal from the University. Both the accuser and the accused will have the same opportunity to have a non legal advocate present during the campus disciplinary proceedings and both will be informed of the outcome of the hearing.

* The University encourages victims to notify the proper law enforcement authorities and preserve all physical evidence.

* After an alleged sexual assault, a student may request a change in living or academic situations. The University will honor that request whenever possible.

* The University will provide educational programs to promote awareness of sexual assault, acquaintance rape, and all other sexual misconduct behaviors to its community

Sexual Assault Incident Report

This form is intended to convey information needed to track the University response to the incident being reported, as well as to assess the danger the incident represents to the community at large. All efforts must be made to maintain the survivor's anonymity; no information should be included which might identify the survivor. Return to Sr Cindy March, SSC extension 6366. To download this form please click here

Employee Protocol Checklist

Employees of the University should complete this form by initialing each item, based on direct discussions with an individual reporting an assault. Please refer to the Sexual Assault Booklet for more information about each step. To download this form please click here

Revised 03-10

Back to the Table Of Contents