Sexual Assault and Response Policy Statement

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Sexual Assault and Response Policy Statement

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, his or her 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.

The preservation of evidence can be critical to the investigation and criminal prosecution of any sexual assault. Victims and/or witnesses should attempt to preserve evidence at the scene in the following ways: Leave the scene undisturbed to allow professionals to collect the evidence; if the circumstances do not allow leaving the scene undisturbed, efforts should be made to collect bedding and/or other loose fabrics in the immediate area of the assault. Victims of sexual assault should make every attempt not to bathe, brush his or her teeth, change clothes, or undertake any other activity that could compromise or destroy evidence prior to seeking medical attention and/or contacting law enforcement. All evidentiary materials should be placed in separate paper bags to prevent cross contamination.

In instances where a student does not choose to use his or her insurance or is unable to pay for treatment, 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.

McGeorge provides free confidential counseling from individuals specifically trained in sexual assault crisis intervention. Counselors can be accessed by contacting the Assistant Dean for Student Affairs' 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 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.

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 McGeorge, the victim may contact a Campus Public Safety Officer, or any Campus Security Authority. If the victim chooses to file a formal report and the accused is a student, it may result in action under the McGeorge Code of Student Responsibility. Even when a student victim chooses not to file a formal report, whenever McGeorge learns of a potential sexual assault, it will undertake a prompt and thorough investigation to determine what occurred and take appropriate responsive action commensurate with the level of information provided and any requests for confidentiality. An investigation by McGeorge will be undertaken independent of any law enforcement investigation into the incident.

Code of Student Responsibility — If the accused is a current student and if the Dean or the Dean's Designee considers that the complaint on its face charges a violation of the Disciplinary Rules relating to sexual assault it will be referred for further proceeding under the Code of Student Responsibility. McGeorge will treat all students who bring forth reports of sexual assault in accordance with the Code of Student Responsibility. Sanctions following a final determination for a violation of the Code of Student Responsibility for sexual assault, including 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 assault 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 will be informed of the outcome of the hearing in writing, including whether or not a violation was found by a preponderance of the evidence and the sanction imposed.

If the accused is someone other than a student, other policies for disciplinary action may apply. McGeorge staff and faculty members may be subject to disciplinary action under applicable personnel policies. To report staff or faculty sexual misconduct, a victim or witness may contact Elisa Levy, Director of Human Resources and Title IX Campus Representative at 916.739.7343, in addition to any Campus Security Authority.

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

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

The victim may elect not to file a report. However, if the incident is discussed with a 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 and the Title IX Coordinator for the purpose of making a timely warning report, initiating a prompt and thorough investigation to determine what occurred and take appropriate responsive action commensurate with the level of information provided, and including it 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 student alleging sexual harassment may make a request for such accommodations through the Assistant Dean for Student Affairs' office. The Assistant Dean for Student Affairs will consult with the appropriate authorities, evaluate the availability of such a change, and request that changes be made whenever possible and practicable. It is important to note that the unique curriculum of McGeorge and the limited availability of courses may make reassignment difficult and/or impossible under some circumstances.

A list of rights for the student victim and the accused student can be found in the McGeorge Code of Student Responsibility.