What You Need to Know About Sexual Misconduct

The Sexual Misconduct Policy stated above is part of the broader Student Code of Conduct which sets the standard of behavior for Gallaudet students. Deciding whether a student has violated this policy is made either through the disciplinary process, or, in some circumstances, through an administrative process. These are not legal processes. The purpose of campus disciplinary process is to decide if a student is responsible for violating the Student Code of Conduct, not whether a student is guilty of breaking the law.

Sexual abuse, sexual assault and rape are all common terms for acts similar to those defined as "sexual misconduct" in the Sexual Misconduct Policy. In the District of Columbia, sexual abuse is the legal term used to describe those acts which cause another person to engage in or submit to a sexual act or have sexual contact with the initiator by:

• Using force;
• Threatening or placing another person in reasonable fear;
• Rendering the other person unconscious;
• Giving the person, without their permission, a drug, intoxicant, or similar substance that impairs his or her ability to appraise or control his or her conduct;
• Where the initiator knows or has reason to know that the other person is not able to appraise the nature of the conduct, is not able to decline participation in the conduct, or is not able to communicate their unwillingness to engage in the sexual act; and/or
• Having sexual contact or engaging in a sexual act without that other person's permission.

For a complete description of District of Columbia laws against rape and sexual abuse, see D.C. Law 10-257, the "Anti-Sexual Abuse Act of 1994."

Students interested in pursuing a legal case against another individual must bring their complaint to the District of Columbia Metropolitan police. DPS can assist in making this contact. Because acts in violation of D.C. Law are also violations of the Sexual Misconduct Policy and/or other policies in the Student Code of Conduct, some students choose to file both a criminal case and a campus disciplinary case. The legal process would determine if the accused is guilty of a crime beyond a reasonable doubt. The campus disciplinary system would determine whether the accused student has, more likely than not, violated the Sexual Misconduct Policy and/or other policies in the Student Code of Conduct.

What does "consent" really mean?

Consent means to agree. Agreement must be freely and actively given to participate in the sexual activity. Before the sexual activity occurs, all those involved in the situation must give agreement. Consent cannot be given through the use of force, including but not limited to physical force, threats, intimidation or coercion. If something is forced, you are not agreeing to it. For example, if a gun is held to your head and you "agree," that is still not consent because your agreement was forced or coerced.

Likewise, it is not possible to get consent from someone who is incapacitated or passed out from alcohol or other drug use. An incapacitated or passed out student does not have the ability to agree to sex. In addition, the impairment or intoxication of the respondent does not excuse the conduct.

What can you do to reduce your risk of experiencing sexual misconduct?

There are several things you can do. Attend prevention and education workshops and discussions that are offered regularly on campus. Request a workshop from Health and Wellness Programs for your student organization, athletic team, or residence hall. Attend self-defense training. Talk with friends about the subject.

Most often, sexual misconduct occurs between two people who know and initially trust each other. Students who wish to reduce the risk of this most common form of sexual misconduct should:

Trust your instincts. Your feelings are okay and deserve to be respected. If you feel that something is not right, you are probably correct. Try your best to be assertive and get out of the situation.

Listen to and respect each other. No matter how it's said, "no" still means "no." Remember that "no" includes other kinds of communication than that one word. Listen to your partner and communicate clearly.

Don't assume you know what someone else wants. Stop and ask how things are with your partner. It's impossible to know what's in another person's mind. It's always safer to ask and make sure everything is okay.

Beware of alcohol and other drugs. Alcohol and other drugs impair your judgment and ability to communicate. Most incidents of acquaintance rape involve the use of alcohol or other drugs. Avoid combining sexual activity with alcohol and other drug use, and never use alcohol or other drugs to try to coerce sexual activity.

How can you help a friend who has experienced sexual misconduct?

Know the system. Becoming familiar with the system is a good way to start to understand sexual misconduct policies and procedures. Contact the Office of Student Conduct (listed above) for a detailed description of campus disciplinary procedures or refer to the Student Conduct Program section in the Student Handbook.

Believe. Listen to and believe your friend without questioning her/his actions. It's your job to be a friend; let others do the job of getting the whole story.

Take it seriously. People do not usually make up stories of being violated. Remember that these incidents can also happen between individuals of the same gender.

Tell your friend it's not her/his fault. Communicate that your friend is not to blame. She/he may already have feelings of self-doubt and self-blame. Reassure your friend.

Your friend did the right thing. Tell your friend that she/he did the right thing to get through the incident. Don't comment about what she/he could have done to prevent it.

Let your friend make her/his own decisions. Your friend needs to get control back. You can help clarify the different options available, but again, let your friend decide whether or not to report or tell others.

Guide your friend to helpful resources. Even if your friend does not choose to report the incident, there are many resources on-campus and off-campus (listed above) where your friend can talk to a trained professional. These meetings will remain confidential if your friend only wishes to talk about the incident and does not want to report it.

Learn the different reactions to trauma. Confusing and frightening feelings are normal responses to trauma. Guilt, self-doubt, fear, shame and distrust of others are all examples of common reactions to sexual assault. Also remember that every individual is different, reactions may vary, and some reactions may be different than you expect.

Encourage your friend not to wash. If the incident happened recently and your friend decides to report it to the police, advise your friend not to wash. Preserve all evidence by not changing clothes, going to the bathroom, eating or drinking. Also, remember that even if the incident happened weeks or months ago, it can still be reported. It often takes people a long time to identify their experience as sexual misconduct.

Know your rights. Know the rights of deaf people when reporting to local police. You can request a qualified interpreter to be present during the interview with the police.

Be there for your friend. Let your friend know you are available for continued support. Your friend may need to talk about the incident for a long time after it happened.

Take care of yourself. It can be very stressful to help someone through a traumatic experience. Find a friend you can trust, make an appointment with the Mental Health Center, or call the DC Rape Crisis Center hotline to discuss your thoughts and feelings.