DCSIMG

Sexual Assault and Response Policy Statement

Pacific McGeorge is committed to the personal safety of its students and other members of its campus community and maintaining a safe and respectful environment free from sexual misconduct. As part of its safety education program to promote the awareness of rape, acquaintance rape, and other forcible and non-forcible sex offenses, the Campus Public Safety Department provides information from Women Escaping a Violent Environment (W.E.A.V.E.) regarding the services they provide for the awareness and prevention of sexual assault, domestic violence, and for victims of abuse. The information is made available to students during orientation and is available year round in the Public Safety Office; they are also posted in the quad area. The Campus Public Safety Department also has a list of safety tips posted on the campus website. The Public Safety Department is part of the Orientation Program and provides information to entering students. Students have the opportunity to ask questions and pick up free publications designed to help them protect themselves from becoming victims of crime.

If a student is the victim of sexual assault, their first priority is to get to a safe place. The victim is encouraged to seek assistance and support from someone he or she trusts, such as a friend, family member, faculty member or staff person.

The victim is encouraged to obtain immediate and necessary medical treatment at the UC Davis Medical Center, 2315 Stockton Blvd., Sacramento, CA 95817, phone 916.734.2011. When the student arrives at the medical center for an exam, the Sacramento Police Department will be notified by the hospital. A Sexual Assault Response Team (SART) Advocate will be dispatched and can offer support at the hospital. The student may choose whether or not to speak to police at the hospital.

In instances where a student does not choose to use his or her insurance or is unable to pay for treatment, Pacific McGeorge will pay the charges incurred during the initial emergency room visit. Medical assistance at the UC Davis Medical Center includes a comprehensive medical and forensic exam with appropriate testing and treatment. Time is a critical factor in collecting and preserving evidence. The victim should attempt to preserve evidence at the scene of the assault by leaving it undisturbed to allow professionals to collect evidence. If it is not possible to leave the scene undisturbed, evidence (e.g. bedding, loose fabrics, prophylactics, and clothing) should be placed in separate paper bags to be preserved.

Pacific McGeorge provides free confidential counseling from individuals specifically trained in sexual assault crisis intervention. Counselors can be accessed by contacting the Assistant Dean of Student's Office at 916.739.7089. The victim may also contact the Cowell Wellness Center at 209.946.2315, located on the Stockton Campus. The Cowell Wellness Center provides student-centered primary care and counseling for Pacific McGeorge School of Law students. The victim may also contact W.E.A.V.E. at 916.920.2952. The victim may contact Sacramento Victim/Witness Assistance office at 916.874.5701 for information relating to a sexual assault.

  • Women Escaping a Violent Environment (W.E.A.V.E): 916.920.2952
  • Victim/Witness Assistance: 916.874.5701
  • Restraining Orders: 916.874.5064

The victim can report the sexual assault directly to the Sacramento Police Department at 916.808.0650. The Campus Public Safety Department is also available to assist the student in notifying law enforcement, if the student requests this assistance.

To file a formal report with Pacific McGeorge, the victim may contact a Campus Public Safety Officer, a Campus Security Authority, or other school official. If the victim chooses to file a formal report and the accused is a student, it may result in action under the Pacific McGeorge Code of Student Responsibility.

Code of Student Responsibility — If the accused is a current student, and if requested by the Dean of Students, the Campus Public Safety Department will initially conduct an investigation of the incident and further disciplinary proceedings may take place as appropriate under the Code of Student Responsibility. The Dean of the Law School will review the referral to determine if there is sufficient evidence to charge a student with a violation of this Code. If so, the Dean of the Law School will issue a disciplinary complaint to the accused. Pacific McGeorge will treat all students who bring forth reports of a violation of this Policy in accordance within the Code of Student Responsibility. Sanctions following a final determination for a violation of the Code of Student Responsibility for rape, acquaintance rape, or other forcible or non-forcible sex offense include expulsion, suspension, or a lesser disciplinary sanction.

In the case of an alleged sexual offense, the accuser and the accused are entitled to the same opportunities to have others present during a hearing, and both the accuser and the accused must be informed of the outcome of the hearing.

If the accused is someone other than a student, other policies may apply. Pacific McGeorge staff and faculty members may be subject to disciplinary action under applicable personnel policies. To report staff or faculty sexual misconduct contact Human Resources at 916.739.7343.

A sexual assault report may lead to review by the criminal justice system, whether or not Pacific McGeorge is reviewing the matter under the Code of Student Responsibility or other policies.

The victim may elect to file an anonymous report with Pacific McGeorge. The anonymous may not result in a police investigation, but it will assist the school in compiling crime statistics. Copies of the anonymous report form are available on the Pacific McGeorge website.

The victim may elect not to file a report. However, if they discuss the incident with a Pacific McGeorge Campus Security Authority, (campus counselors are confidential resources and are not Campus Security Authorities), the CSA will report a sexual assault to the Campus Public Safety Department for the purpose of making a timely warning report and so it will be included in the annual crime report.

Student victims have the option of changing their academic and/or on-campus living situations after an alleged sexual assault, if such changes are reasonably available. A list of rights for the student victim and the accused student can be found in the Pacific McGeorge Code of Student Responsibility.

Unlawful Harassment

For assistance and to report an offense to a school representative, students may contact the Dean, Assistant Dean of Students, Associate Dean, or the Director of Public Safety. Employees may contact the Director of Administrative Resources or the Director of Public Safety. If requested, the Director of Public Safety or any of the administrators will assist in notifying the appropriate city police authorities and making any necessary referrals for preservation of evidence.

A student living in campus housing facilities may discuss other living arrangements with the Housing Manager and, if alternative campus housing is preferred, a change will be made whenever possible. Similarly, any requested modifications in a student’s academic program may be discussed and approved by the Assistant Dean of Academics, Associate Dean, or Dean.

For institutional disciplinary proceedings arising from an allegation of a sexual offense, the accuser and accused are entitled to have others present during the proceeding and both are informed of the final determination and any sanction imposed. This notification does not violate student privacy rights under the Family Educational Rights and Privacy Act known as FERPA. Sanctions the institution may impose include: probation, suspension, and expulsion for students and suspension or dismissal for employees.

Campus Security Policy and Crimes Statistics Act (Megan’s Law)

Members of the University of Pacific, McGeorge School of Law campus community, have the right to access public “Megan’s Law” information about registered sex offenders who are employed or enrolled on campus. In compliance with federal reporting requirements under the Campus Security Policy and Crimes Statistics Act, you can obtain information at: http://www.meganslaw.ca.gov/disclaimer.aspx.