1 SaVE Act: Campus Sexual Violence Elimination Act UCCS does not tolerate any act of protected class harassment/discrimination, sexual harassment, intimate partner violence, dating violence, sexual assault, or stalking (on or off campus). UCCS is committed to maintaining a safe and productive educational, research, and employment environment that is free from violence, threats of violence, harassment, intimidation, and other disruptive behavior. UCCS is committed to increasing the awareness of and prevention of violence. UCCS makes continued efforts to provide students and employees with education programming, and strategies intended to prevent rape, acquaintance rape, sexual assault, domestic violence, dating violence, and stalking before they occur. UCCS also encourages anyone who has experienced protected class harassment/discrimination, sexual harassment, sexual assault, domestic violence, dating violence, and/or stalking to report the incident to the campus. What is Interpersonal Violence? Intimate Partner Violence / Dating Violence is a pattern of coercive or controlling behaviors used by one person to gain power and control over their intimate partner (may include physical violence, sexual violence, and/or emotional and psychological abuse). Stalking is a pattern of tracking, monitoring or harassing behavior that would cause a reasonable person to be in fear or experience emotional distress (may include cyber, in-­‐person, or third party behaviors). Sexual misconduct and sexual violence and abuse include any sexual contact without consent or any exploitive or coercive sexual contact. This can include unwanted touching, sexual assault, rape, and sexual harassment. Consent Consent for sexual activity is clear, knowing, voluntary, freely and actively given, mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be active; silence by itself cannot be interpreted as consent. Consent is not effectively given if it results from the use of actual or implied physical force, threats, intimidation, or coercion. In the absence of mutually understandable words or actions (a meeting of the minds on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity, to make sure that he or she has consent from the partner(s) at every stage of sexual interaction. Engaging in sexual activity with a person who you know to be incapacitated or reasonably should know to be incapacitated, due to illness, consumption of alcohol or drugs, is unconscious, etc., is a violation of this policy. What Consent Means • In the absence of mutually understandable words or actions (a meeting of the minds on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity to make sure that he or she has consent from their partner(s). • Consent to some form of sexual activity does not necessarily imply consent to other forms of sexual activity. • The initiator must obtain consent at every stage of sexual interaction. • Consent will be determined using both objective and subjective standards. The objective standard is met when a reasonable person would consider the words or actions of the parties to have manifested an agreement between them to do the same thing, in the same way, at the same time, with one another. The subjective standard is met when a party believes in good faith that the words or actions of the parties manifested an agreement between them to do the same thing, in the same way, at the same time, with one another. • Consent that is obtained through the use of fraud or force (actual or implied) whether that force is 1) physical force, 2) threats, 3) intimidation, or 4) coercion is ineffective consent. Colorado State Statutes 18-­‐3-­‐402. Sexual assault (1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if: 2 (a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will; or (b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or (c) The actor knows that the victim submits erroneously, believing the actor to be the victim's spouse; or (d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or (e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or (f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or (g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or (h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented. 18-­‐3-­‐404. Unlawful sexual contact (1) Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if: (a) The actor knows that the victim does not consent; or (b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or (c) The victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented; or (d) The actor has substantially impaired the victim's power to appraise or control the victim's conduct by employing, without the victim's consent, any drug, intoxicant, or other means for the purpose of causing submission; or (f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority, unless incident to a lawful search, to coerce the victim to submit; or 18-­‐3-­‐602. Stalking -­‐ Vonnie's law (1) A person commits stalking if directly, or indirectly through another person, the person knowingly: (a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship; or (b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or (c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress. 18-­‐6-­‐801. Domestic Violence (1) (a) In addition to any sentence that is imposed upon a person for violation of any criminal law under this title, any person who is convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-­‐6-­‐800.3 (1), or any crime against property, whether or not such crime is a felony, when such crime is used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship shall be ordered to complete a treatment program and a treatment evaluation that conform with the standards adopted by the domestic violence offender management board as required by section 16-­‐11.8-­‐103 (4), C.R.S. If an intake evaluation conducted by an approved treatment program provider discloses that sentencing to a treatment program would be inappropriate, the person shall be referred back to the court for alternative disposition. 18-­‐9-­‐111. Harassment (1) A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she: 3 (a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or (b) In a public place directs obscene language or makes an obscene gesture to or at another person; or (c) Follows a person in or about a public place; or (e) Initiates communication with a person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system that is obscene; or (f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or (g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or (h) Repeated insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response. All UCCS staff/faculty/student employees are required to report sexual misconduct / sexual violence, dating violence/domestic violence, and stalking. Non-­‐employee students are encouraged to report. Who should I report to? Who Is confidential? The Office of the Dean of Students (719-­‐255-­‐3838) TESSA Hotline (719-­‐633-­‐3819) The Office of Discrimination and Harassment (719-­‐255-­‐4324) ROC Support Groups/advocacy (www.uccs.edu/roc) Public Safety (719-­‐255-­‐3111 or 719-­‐255-­‐9111 emergencies) UCCS Counseling Center (719-­‐255-­‐3265) UCCS Student Health Center (719-­‐255-­‐4444) Links to Policies and Procedures The Office of the Dean of Students: http://www.uccs.edu/dos/student-­‐conduct.html The Office of Discrimination and Harassment: http://www.uccs.edu/odh/investigative-­‐process.html Public Safety: http://www.uccs.edu/pusafety/police/reportacrime.html Resources for students with unique needs and circumstances MOSAIC (719-­‐255-­‐3040) LGBT Resource Center (719-­‐255-­‐3447) Disability Services (719-­‐255-­‐3354) Office of Veteran and Student Military Affairs (719-­‐255-­‐3253) National Resources for Students, Faculty and Staff *National Domestic Violence Hotline 1-­‐800-­‐799-­‐SAFE (7233) 1-­‐800-­‐3224 (TDD)
*National Sexual Assault Hotline 1-­‐800-­‐656-­‐HOPE *National Coalition Against Domestic Violence 1-­‐303-­‐839-­‐1852 *National Teen Dating Abuse Helpline 1-­‐866-­‐331-­‐9474 *National Youth Crisis Line 1-­‐800-­‐442-­‐4673 National Website Resources for Students, Faculty, and Staff * LoveIsRespect.com * thehotline.org * glbtqdvp.org * ncadv.org * batteredmen.com Elements of a healthy relationship • Communication. The first step is making sure you both want and expect the same things -­‐ being on the same page is important. • Honesty: If something is bothering you, it’s best to talk about it instead of holding it in. • Respect: Your partner's wishes and feelings have value. Mutual respect is essential in maintaining healthy relationships. • Compromise: Disagreements are a natural part of healthy relationships, but it’s important that you find a way to compromise if you disagree on something. Try to solve conflicts in a fair and rational way. • Support: Offer reassurance and encouragement to your partner. Also, let your partner know when you need their support. Healthy relationships are about building each other up, not putting each other down. • Boundaries: Just because you’re in a relationship, doesn’t mean you have to share everything and constantly be together. Healthy relationships require space. Warning Signs that a friend may have experienced a form of Interpersonal Violence Extreme changes in diet, sleep, personality or body image Sexual Risk Taking and/or substance abuse Anxiety disorders, depression, or loss of self-­‐esteem Isolation from friends and family Changes in cognitive abilities such as memory or attention Withdrawal from school/work 4 Safe and Positive Ways to Prevent Violence • Ask someone if they are doing okay. • Tell someone you are concerned about them. • Challenge racial slurs, victim blaming, sexist/homophobic statements. • Educate someone about relationship violence, stalking or sexual assault. • Offer someone a resource guide or walk them to a support center. • Make it clear to your colleagues, friends and students that you do not tolerate violence or attitudes that contribute to abuse against a group of people. Ø Never stand by and watch or encourage hate. Ø Do not harass, tease or spread gossip about others, this includes on social networks like Facebook, Twitter, Instagram, etc. Ø Never forward on or respond to discriminatory messages or photos that may be offensive or up-­‐
setting. Ø Support the person who is being abused to ask for help, e.g. go with them to a place they can get help or provide them with information about where to go for help. How To Avoid Potential Attacks Be Aware of Dangerous Places: Some places and settings are used by perpetrators to target and groom their victims. Trust your gut! Be Aware of Dangerous Social Settings: While you can never completely protect yourself from interpersonal violence, there are some things you can do to help reduce your risk of being assault. Trust your gut! Know and Stay True to Your Boundaries: This is true for relationships and interactions with new acquaintances. Trust your gut! Bystander Tips: What should I do if I see it? * Name or acknowledge an offense * Call for help * Point to the "elephant in the room" * Help calm strong feelings * Interrupt the behavior * Encourage dialogue * Publicly support an aggrieved person * Use humor (with care) * Use body language to show disapproval * Always keep your safety in mind Assisting Student Victims and Survivors: • Listen fully and attentively • Recognize the signs and symptoms of interpersonal violence • Validate and affirm the student’s experience • Communicate your reporting responsibilities while also letting them know you are there to help and offer support • Be mindful of personal biases and prejudices • Avoid making assumptions and judgments about students • Acknowledge the power we have over the lives of students • Learn about the cultural contexts in which students meet us Never blame the victim or make assumptions about race, gender, sexual orientation or ability status. Do not ask damaging questions such as: “Were you drinking? What were you wearing?” “Why didn’t you leave/why don’t you leave now?” “Did you provoke them? Did you retaliate/hit them back?” “This project was supported by Award No. 2010-­‐WA-­‐AX-­‐0019 awarded by the Office on Violence Against Women. The opinion, findings, and conclusions or recommendations expressed in this publication, conference agenda, or product, are those of the author(s) and do not necessarily reflect the view of the Department of Justice.” If you have questions or comments on the content or material presented here please contact the staff at Respect on Campus (ROC): Dr. Catherine Kaukinen (ROC Program Director) at Catherine.kaukinen@uccs.edu Ms. Carrie Finkill (ROC Coordinator and Victim Advocate) at cfinkill@uccs.edu