SEXUAL ASSAULT POLICY
Policy
San Francisco State University as an institution, recognizes that sexual assault is a serious issue. The university will not tolerate acts of sexual assault. All reported instances of sexual assault will be investigated and appropriate disciplinary, criminal, and/or legal action will be taken, with consent of the victim. Appropriate support services will be made available to students, faculty, or staff who are victims of sexual assault.
The university strongly encourages all members of the campus community to provide a written or verbal report to the university police regarding any incident of sexual assault. The information will be held in strict confidence and action will not be taken by the university without the victim's prior knowledge and permission.
Any violation of the California Code of Regulations, Title 5, Section 41301 by a student or a recognized student organization, and any violation of faculty or other employee codes of conduct concerning sexual assault will be investigated for possible disciplinary and/or legal action.
Procedures to be followed in handling complaints and disciplinary actions that may be taken against individuals or organizations are attached to this policy.
Definitions
For the purposes of this document, the term sexual assault will include the following definitions found in California Penal Code Sections 243.4 and 261, and Assembly Concurrent Resolution No.46 (passed 9-14-87):
- Sexual assault is any involuntary sexual act in which a person is threatened, coerced, or forced to comply against his/her will;
- Rape is forced sexual intercourse that is perpetrated against the will of a person or when the person is unable to give consent (i.e., unconscious, asleep, or under the influence of alcohol or drugs) and may involve physical violence, coercion, or the threat of harm to the individual;
- Acquaintance rape involves rape by a non-stranger which could include a friend, acquaintance, family member, neighbor, or co-worker;
- Date rape involves rape by someone the victim has been or is dating;
- Gang rape is a rape by more than one person;
- Sexual battery is any unwanted touching of intimate body parts.
Policy Implementation (Procedures)
This policy is to be implemented in accordance with provisions of AB 3098 and other relevant regulations. This policy applies to sexual assault that occurs on or near campus or at an event sponsored by the university or in university related facilities.
Legally mandated procedures for gathering data, record keeping, providing information, reporting, and investigating incidents of sexual assault will become part of this policy. Information about how to report incidents and the options available to victims of sexual assault will be disseminated on campus.
Victims of sexual assault are encouraged to report the incident to any of the following:
University Police
The S.A.F.E. Place
Student Health Services
Counseling and Psychological Services
Housing and Residential Services
Sexual Harassment Officer(s)
Sexual Harassment Advisers
Other Administrators or Employees
Responsibilities and Services
University Police, Student Health Services, Housing and Residential Services, Counseling and Psychological Services, Campus Assistance Program, and The S.A.F.E. Place will cooperate to provide effective protection of health and safety for the victim, assure strict confidentiality, investigate the incident, initiate sanctions if appropriate and maintain records.
Case Managers
The law (AB3098) requires "procedures for ongoing case management, including procedures for keeping the victim informed of the status of any student disciplinary proceedings, the result of any disciplinary action or appeal, and helping the victim deal with academic difficulties that may arise because of the victimization and its impact."
Case Managers at San Francisco State University are:
The Sexual Harassment Officer from Student Affairs for students
The Sexual Harassment Officer from Academic Affairs for faculty
The Sexual Harassment Officer from Administrative Affairs for staff.
Victims of sexual assault who wish to be provided with case management services will be immediately referred to the appropriate person who will provide the mandated services, support, and referrals as needed.
University Police
If a victim reports a sexual assault to university police, a crime report will be taken. If the victim wishes to participate in the prosecution process, there will be a criminal investigation. If the victim declines prosecution, no investigation will take place. The Chief of Police will notify the Coordinator of The S.A.F.E. Place that a sexual assault has been reported. The Coordinator of The S.A.F.E. Place will notify the Director of Counseling and Psychological Services or designee. The Director of Housing and Residential Services will be notified by the Chief of Police if the assault occurred in the residential community. The Chief of Police will notify the President, Dean of Students or designee, and the Director of Public Affairs of any reported sexual assault. The appropriate case manager will also be notified.
University police will refer victims as appropriate to the San Francisco Rape Treatment Center, Student Health Services, Counseling and Psychological Services Center, Campus Assistance Program, and The S.A.F.E. Place.
Victims may be transported to the San Francisco Rape Treatment Center by university police officers. A female officer may be requested to come to the scene when appropriate, and/or plainclothes officer and unmarked car for transport may be requested by the victim.
University police will provide information about the county victim/witness program and will inform victims of progress in criminal prosecution. University police will provide timely notification of a rape on campus to the campus community.
University police will work closely with the San Francisco District Attorney's Office to prosecute sexual assault cases.
Housing and Residential Services
Incidents of sexual assault or rape occurring in or involving members of the campus residential community must be reported immediately to the university police and the residence director on duty. Written incident reports are required, and the Associate Director of Residence Life, Coordinator of Residence Life, and Director of Housing must be contacted immediately. The Director of Housing will notify the Dean of Students or designee, the Comptroller, the Director of Public Affairs, and the appropriate case manager that an assault has occurred.
Employees of Housing and Residential Services have a legal duty to provide a safe environment and warn persons using their premises of known dangerous conditions. Therefore, all sexual assaults are reported to the university police. The manager of Resident Services will initiate referrals to the case manager, Counseling and Psychological Services, Student Health Services, The S.A.F.E. Place, and the Dean of Students Office, as appropriate, to provide comprehensive, legal, counseling, medical, and administrative services.
If the perpetrator is known to the victim and is an on-campus resident, a Residence Community Administrative Hearing will be scheduled immediately with each party to obtain all facts relevant to the incident. At the discretion of the Director of Housing and Residential Services, the victim and the accused may be provided alternative housing assignments. Pending the outcome of the Residence Community Hearing, the perpetrator's Student Housing License Agreement may be terminated pursuant to Sections 1.02 and 1.10 of the Student Housing License Agreement Facility Regulation and Title 5 of the California Code of Regulations (Student Code of Conduct), Section 41301.
Student Health Service
In compliance with California Penal Code 11160-11161, if a person seeks medical treatment for a sexual assault from Student Health Service, the university police must be notified by the Director, Student Health Service. Employees are required to notify the Director, Student Health Service, or the Director, Clinical Operations, of any case of sexual assault. Health professionals who have treated a victim will prepare an OCJP #923 Medical Report and forward it to the Chief of University Police.
Students may receive immediate medical treatment, but will be referred to the San Francisco Rape Treatment Center which is the only designated site for the collection of forensic specimens. These specimens strengthen the student's case for prosecution of the rape. Students who do not wish to use the San Francisco Rape Treatment Center services will be offered testing and treatment for sexually transmitted disease and/or pregnancy at the Student Health Service. Students will also be referred to Counseling and Psychological Services and The S.A.F.E. Place as well as to the appropriate case manager.
Counseling and Psychological Services Center
Students who are victims of sexual assault will be encouraged to contact Counseling and Psychological Services. If the student indicates that s/he has been sexually assaulted, an immediate appointment will be arranged with a staff counselor who is sensitive to these issues and knowledgeable about psychological, medical, and legal issues. Counseling and support will be provided. Referrals to the San Francisco Rape Treatment Center, Student Health Service, University Police, The S.A.F.E. Place, and the appropriate case manager may be made as appropriate.
Dean of Students: Discipline Officer
Consistent with the requirements of ACR 46, victims of sexual assault must have the following rights: equal rights with the accused in determining if a disciplinary hearing shall be open or closed; the right to have a person of the victim's choice accompany the victim throughout the disciplinary hearing; the right to be present during the entire hearing; the right not to have past sexual history introduced as part of the testimony except for specific purposes described in law; and the right to prompt relocation of one of the parties. Procedures described below will be carried out in a manner consistent with the law.
The university Discipline Officer is responsible for investigating instances of sexual assault when the alleged perpetrator is a student. The officer will keep the victim informed of the status of the disciplinary process and maintain contact with the case manager responsible for coordinating services to the victim. As appropriate, the university Discipline Officer will work with the Chief of Police when criminal proceedings are involved.
Campus Assistance Program
The Campus Assistance Program will provide professional counseling, emotional support, and referral information to any San Francisco State University employee who is the victim of sexual assault. All information regarding an employee's participation in CAP is confidential and will not be released without the employee's written consent. CAP staff will provide information about campus and community resources who provide medical, legal, and other assistance as needed.
Personnel Services
Personnel Services will provide information about health benefits and workers compensation to faculty and staff.
The S.A.F.E. Place (Sexual Abuse Free Environment)
The Coordinator of The S.A.F.E. Place will notify the Director of Counseling and Psychological Services or designee when notified by university police of a rape occurring on campus. In the coordinator's absence, university police will notify the Director of Counseling and Psychological Services or designee.
The S.A.F.E. Place will provide information about sexual assault and rape prevention. S.A.F.E. is an informal and comfortable setting for students who seek crisis intervention. The S.A.F.E. Place also assists staff, faculty, and administrators who are working with students in crisis because of sexual violence, or who request such assistance themselves.
Release of Information
University Police
All incidents reported to the university police are public information. The victim shall be informed that his or her name and address will become a matter of public record unless he or she requests that it not become a matter of public record. This information will then not be released to the public by university police, but will be released to the prosecutor. The report of the incident will not be released to the public if the disclosure would endanger the successful completion of the investigation or a related investigation.
Victims will be informed of the need to identify the assailant if a student disciplinary and criminal hearing is to take place. Alleged assailants will also be made aware that victims will be informed of the outcome of student disciplinary actions.
Statistical reports will be collected and published annually in accordance with Federal Law.
Counseling and Psychological Services
In order to maintain confidentiality, no information will be forwarded from the Counseling Center unless the victim signs a release of information requesting that the center does so. The Director of Counseling and Psychological Services will maintain a confidential Record of Sexual Assaults that will be provided by counselors who work with the victims. This record will include the approximate date of the assault, and whether the assault took place off- or on-campus.
Monthly, the Director of Counseling and Psychological Services or designee will compare the data reported to the center counselors with dates of assaults reported to university police. The director will compare the dates and inform the Chief of Police of the number of incidents that were unreported to the university police and how many of these were on campus. In this way, reports of incidents will not be duplicated, while the confidentiality of the individual victim is maintained.
At the end of each semester, the Director of Counseling and Psychological Services will also provide information about the type of assault; i.e., stranger, acquaintance, individual, or gang assault to university police.
Public Affairs
Representatives from the press who request sexual assault information shall be referred to the Director of Public Affairs who will determine the appropriate methods for dissemination of the facts. Concerned students and parents or guardians should be referred to the Chief of University Police, the Dean of Students, or to the Director of Housing (if the assault occurred in the Residence Halls.)
Information About On-Campus and Off-Campus Resources
A description of on-campus and off-campus resources available to victims will be provided in a brochure to the campus community.
Victim Incident Report Form
Victims of recent sexual assault covered by this policy will be asked to sign a form indicating that they have been informed of their options.
Sexual Assault Prevention Programs
The staffs of the S.A.F.E. Place, Counseling and Psychological Services, University Police, Housing and Residential Services, and Student Health Services will provide ongoing sexual assault education and prevention programs to:
- Residence hall students
- Residence hall advisers
- Athletic teams
- Fraternities and sororities
- Incoming students
- Other groups as appropriate; e.g., international students
Disciplinary Sanctions
Student(s) or Student Organization(s)
- A student may be suspended from the university by the university President prior to any hearing processes when there is clear evidence of a crime and it is deemed unsafe to the university community to permit the student to remain on campus.
- A student may be expelled, suspended, placed on probation, or any combination of other sanctions, if found guilty of sexual assault or complicity in sexual assault.
- The university will withdraw its recognition of student organizations which are in violation of this policy.
University Employee(s)
- Employees may be warned, reprimanded, and/or disciplined. A disciplinary action of suspension without pay, demotion, or dismissal from employment may be imposed on an employee. Any disciplinary action will occur according to established California State University procedures and the appropriate collective bargaining agreement.
Others
- In instances where student(s) and/or a student organization is involved, university police may request restricting a suspect(s) from the residence halls or campus if there is a danger to the victim or campus community. University police will furnish documentation for this recommendation to the Dean of Students or designee.
- In instances where the accused is not a student, staff, or faculty member, the university lacks the authority to take disciplinary action. The victim is encouraged to report the incident to the police agency of jurisdiction.
Statistical Data
Pursuant to the Student Right to Know Act (Public Law 101-542) Higher Education Amendments of 1992, colleges and universities are required to publish annual campus security reports. Statistics on forcible and "nonforcible" sex offenses occurring on campus for the period prior to 1 August of each year are to be reported. Housing and Residential Services, The S.A.F.E. Place, Counseling and Psychological Services, and Student Health Service shall provide annual statistics to the Director of Public Safety prior to 1 September of every year for publication in the Annual Report.