Sexual Misconduct Policy

GENERAL POLICY

Gallaudet University is committed to providing a living and learning environment free from physical intimidation and acknowledges the seriousness of sexual misconduct. Gallaudet takes the necessary steps to reduce the need for reactive intervention by providing preventive and risk education and training and by preparing and disseminating educational pamphlets, fact sheets, and articles related to sexual misconduct. Gallaudet also attempts to eliminate pressure that might lead students to suppress a sexual misconduct charge or to minimize its seriousness by providing a process whereby the parties involved are treated with dignity; privacy and confidentiality are maintained to the fullest extent possible; allegations of sexual misconduct are investigated promptly and thoroughly; and the alleged survivor is provided with full support and assistance.

Sexual misconduct by any Gallaudet student occurring on University property or at a University sponsored event is a violation of the Student Code of Conduct and warrants administrative and/or disciplinary action. The University reserves the right to review and adjudicate any off-campus occurrences of sexual misconduct that may directly impact or have a significant effect upon the University or members of its community. Incidents of sexual misconduct are adjudicated in accordance with the disciplinary procedures as outlined in the Student Conduct Program section of this handbook, with a few exceptions as described under "disciplinary process" in this section. Any student found responsible of sexual misconduct may be subject to disciplinary action up to and including expulsion. Criminal prosecution may also be pursued.

DEFINITION

For the purposes of this policy, sexual misconduct is defined as any sexual contact or conduct with another person without that person's expressed consent, including, but not limited to, forced viewing, unwanted touching, rape, sodomy, exposing one's self to others, unwanted embraces or bodily contact, sexual gestures, requests for sexual favors, verbal abuse, and/or penetration with objects. Sexual harassment, which refers to the misuse of power to coerce sexual activity or to create an offensive working and learning environment, is described by the University's policy on sexual harassment. Any violation of the University's policy on sexual harassment is a violation of the Sexual Misconduct Policy and is subject to the same disciplinary procedure as any other infraction of the Student Code of Conduct. Refer to the Administration and Operations Manual for a detailed definition of the Sexual Harassment Policy.

CAMPUS PROCEDURES

A. Immediate Response
A student who experiences sexual misconduct should first go to a place where he or she is in no immediate danger. Any student in a medical or other emergency situation should go immediately to Washington Hospital Center for an anonymous rape kit. Students who experience sexual misconduct off-campus should also go directly to Washington Hospital Center.

B. Medical Attention and Preserving the Evidence
Immediately following a sexual assault incident, medical attention and preserving the evidence is first and foremost. Washington Hospital Center is the only local hospital that has a survivor-advocate program and rape kits. Other hospitals or health centers may be visited, but professionals at Washington Hospital Center are specifically trained to work with sexual assault survivors. It is recommended to use a rape kit within 96-hours of the incident, but even if 96 hours has passed since the incident, a medical examination should be conducted as soon as possible. The rape kit includes STI, HIV, and pregnancy testing and medical treatment. DAWN and DCRCC offer a survivor-advocate program, if one wishes to have someone with them during the medical exam. The authorities will be contacted to take a report of the incident at the hospital if requested. An interpreter will be provided by Washington Hospital Center.

Following a sexual assault incident, one should not douche, bathe, shower, urinate, or change clothes before seeking medical attention-this will preserve the evidence, if one should choose to report the incident. The location of the incident should not be disturbed, if possible, also to collect evidence for reporting purposes. A change of clean clothes and a paper bag filled with items involved in the incident should be brought to the hospital.

C. Reporting
Making the decision whether or not to report a sexual assault is the beginning of the process by which many students get back control over their lives. Though the reporting and disciplinary process can be difficult, it is often worth the effort. Students sometimes feel empowered by their attempt to bring the accused to justice. The decision whether or not to report has numerous economic, psychological, social, and emotional consequences. Students must make the decision which best allows them to continue a healthy and productive life.

There are several options for students to get assistance after a sexual assault incident (including going to any of the offices listed under "On-Campus Resources and Off-Campus Procedures and Resources"), though it is recommended to go directly to Washington Hospital Center first, then follow-up with on- and off-campus resources. The Department of Public Safety (DPS) is the department on campus that accepts and investigates formal reports and the Office of Student Conduct is another place where students can report the incident. Students also have the option of reporting the incident to the D.C. Metropolitan Police Department. If a student wants to contact D.C. police, DPS can assist in making that contact, in which D.C. police will assume the lead in the investigation. A student making a report to DPS can bring a support person of her/his choice when filing. More information about off-campus procedures and resources is described below.

Students can also choose to file an anonymous report, either with the Coordinator of Health and Wellness Programs in Ely 103 or with any of the On-Campus Resources listed later in this section. The person a student talks to about a sexual misconduct policy violation is required by federal law to file an anonymous report under the Clery Act.

If a student is concerned about future confrontation with the accused, the University will try to help prevent any unwanted contact when requested to do so. A student can request a change in her or his living arrangements or academic schedule. The Dean of Student Affairs or the Director of Residence Life and Housing can assist with a change in the student's living arrangement, while the appropriate academic deans or their designees will assist with academic assignments, as long as those changes are reasonably available. In cases involving an imminent threat to safety and well-being of students, the University may take immediate action by having the accused removed and/or banned from the campus.

D. Follow-up Care
Regardless of whether or not a student chooses to formally report sexual misconduct, it is important that he or she get appropriate medical attention and emotional support. Students can contact any of the listed campus resources for confidential help in deciding what to do next or for assistance in accessing other resources. Students living off-campus and students who choose not to formally report an incident can still receive services from any of the offices listed under "On-Campus Resources and Off-Campus Procedures and Resources."

E. Off-Campus Incidents
Students who wish to report off-campus incidents should report to the local police in the jurisdiction where the incident occurred. The student may also choose to report sexual misconduct to the Office of Student Conduct and/or the Department of Public Safety. As described in the Off Campus Jurisdiction section of the Student Code of Conduct, the University reserves the right to review and make a decision on whether to adjudicate any occurrence of off-campus student behavior in violation of the Student Code of Conduct that may directly impact or have a significant effect upon the University or members of the University community.

F. Disciplinary Process
The resolution of a formal sexual misconduct complaint is handled by the appropriate University student conduct proceeding, depending whether the student selects to resolve the case. The case may be resolved in two ways; the respondent may choose to accept responsibility for the charge(s), waive his/her right to a hearing and presenting witnesses on his/her behalf, and request that sanctions be determined by the Coordinator of Student Conduct; or the respondent may request a hearing through the Student Conduct Board. The Student Conduct Board is a fact-finding and decision-making body consisting of members of the University community (faculty, staff, and/or students who have been selected and received training by the Office of Student Conduct staff), a non-voting Student Conduct Assistant, and a non-voting Coordinator of Student Conduct. The Board has responsibility for hearing complaints against students, determining whether a student is, more likely than not, responsible for a violation of the Student Code of Conduct, and deciding on disciplinary sanctions or imposing corrective actions.

The disciplinary hearing procedures are described in the Student Handbook and are the same as those for other offenses committed by students, except that the complainant and the respondent are entitled to have a support person present during the Student Conduct Board proceeding. Because the disciplinary process is an internal review, the support person must be a full time University faculty, staff member, or student. In addition, both the complainant and respondent will be notified of the outcome of any proceedings.

Possible sanctions that the University may impose for violations of the sexual misconduct policy depends on the severity of the violation and may range from a disciplinary reprimand to expulsion from the University. For more information on possible disciplinary sanction(s) that may be issues, please review the listing of sanctions under the heading "Disciplinary Sanctions", on pages 61-62.

G. Appeals
As a safeguard against procedural or erroneous action, an appeal process is available. The process is described in the Student Conduct Program section in this handbook.

H. Complaints Against a Faculty or Staff Member
Students who wish to file a formal complaint against a faculty or staff member should contact the EOP/AA (Equal Opportunity Programs) officer who will consult with the appropriate administrative officer to determine how the investigation will be conducted.