Campus Sexual Violence
Elimination Act
New Mexico State University:
A Respectful and Caring Community
Healthy relationships
• Trust in each other
• Respect for each other
• Caring for the safety and health of each other
• Honesty between each other
• Each person can speak her or his opinion
• Understand each other
• Feeling comfortable within her or his presence
NMSU does not tolerate violence against
members of the NMSU community
The civil rights and safety of all members in the
NMSU community are important and are to be
respected. Sexual harassment, gender harassment,
domestic and relationship violence are a violation
of civil rights and impact the safety of all.
Relevant actions and policies
• Violence Against Women Act
• Jeanne Clery Act
• Title IX
• Campus SaVE Act
• New Mexico state laws
• NMSU Student Code of Conduct
• NMSU Policy Manual (applies to student employees)
Title IX
• Title IX: Prohibits gender inequality and sexual harassment (including
sexual violence)
• Title IX views sexual harassment as an important civil rights issue: when
students suffer sexual harassment, the academic environment becomes a
hostile and unsafe environment which could then deprive the victim of equal
access to an education. Consequently, universities and colleges are to
respond in a proactive manner and take immediate action to eliminate the
harassment, prevent its recurrence, and address its effects.
Campus Sexual Violence Elimination Act
or Campus SaVE Act
• The Campus SaVE Act is the law to Title IX
• In 2013, The U.S. Government reauthorized the Violence Against Women Act.
Included in the bill was the Campus Sexual Violence Elimination Act (Campus
SaVE), which amends the Jeanne Clery Act and affords additional rights to
campus victims of sexual violence, dating violence, domestic violence, and
stalking.
• Domestic and relationship violence are also included in the Campus SaVE Act.
The State of New Mexico’s legal definitions of
sexual assault
• “Criminal sexual contact is the unlawful and
intentional touching of or application of force, without
consent, to the:
• unclothed intimate parts of another
• who has reached his eighteenth birthday
• intentionally causing another who has reached his eighteenth
birthday to touch one's intimate parts.”
• Statute §30-9-12(A)
The State of New Mexico’s legal definitions of
rape
• “Criminal sexual penetration is the unlawful and intentional causing
of a person to engage in:
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sexual intercourse
cunnilingus
fellatio
anal intercourse
or the causing of penetration, to any extent and with any object, of the
genital or anal openings of another, whether or not there is any emission.”
• Statute §30-9-11(A)
The State of New Mexico’s legal definitions of
intimate partner rape
• “Intimate partner rape where the victim and
perpetrator are:
• currently or formerly married, living together, or involved in a
dating relationship.”
• New Mexico, under the Crimes Against Household Members Act
• Statute §30-3-4(A)
Other related sexual assault offenses
The State of New Mexico State Law
• “Criminal Sexual Contact of a Minor is the unlawful and intentional
touching of or applying force to the intimate parts of a minor or the
unlawful and intentional causing of a minor to touch one’s intimate
parts.”
• Statute §30-9-13(A)
• “Indecent Exposure consists of a person knowingly and intentionally
exposing his primary genital area to public view. Primary genital area
means the mons pubis, penis, testicles, mons veneris, vulva or vagina.
• Statute§30-9-14(A-B)
Incapacitation or drug facilitated rape or
sexual assault
• Capacity: is the ability to understand the pros, cons, and alternatives in
decision making in combination with the ability to communicate an
informed decision
• Incapacitated Adult: an individual over 18 years of age who has a physical,
mental, or developmental condition that substantially impairs the ability to
care for or protect oneself
• Drug-facilitated rape includes circumstances where the perpetrator
administers alcohol or controlled substances to the victim to facilitate a
sexual assault.
• For purposes of this definition, it does not matter whether the victim
consented to the ingestion or delivery of the alcohol or controlled
substance.
Relationship between sexual violence and
alcohol in New Mexico
• Percent of Rape Cases Involving Alcohol/Drugs 34%
• Victim 23.5% - 33%
• Offender 45.5% - 76%
• Alcohol/Drug use is greater among female victims than male victims
and increases vulnerability to stranger-rape, multiple-offender
victimizations, and contraction of STDs
Source:
http://www.nmcsap.org/Betty_Caponera_Sex_Crimes_2010_Report_Oct2011_web5.pdf
Consent--an important sexual right
• Consent is a mutual decision to engage in sexual activity that is voluntary and clearly
stated in an explicit communication of agreement throughout the activity
• Either person can decide to stop the activity at any point in time
• Does not “kill the mood” by simply asking: Are you okay with this? Would you like to
keep going?*
• Asking and responding freely enhances the experience and helps to create trust in a
relationship*
• Recent study: The more comfortable and the stronger the feelings of agreement and
want people had for the sexual activity, the higher they indicated the quality of the
sexual experience*
Sources:
*Kristen Jozkowski, Ph.D., posted October 22, 2013
**Palo Alto Medical Foundation
Consent is not:
• The absence of a “no”
• Passivity
• Implied
• To be assumed
• Silence
• Agreeing because of fear or uncertainty
• Acquiescence or submission
• Pressured
• Solely based on nonverbal which can lead to miscommunication
The ability to give consent is simply:
• Understanding the nature and consequences of what is proposed
• Being able to evaluate the benefits, risks, and alternatives
• Being able to make and communicate an informed decision
• When participants are of a legal age to consent
Remember: Equal power = Equal ability to make choices
The State of New Mexico’s definition of
domestic violence
• Domestic abuse is an incident where one household member causes
or commits any of the following to another household member:
• Physical harm or severe emotional distress
• Bodily injury or assault
• A threat that causes immediate fear of receiving physical injury from any
household member
• Criminal trespass or criminal damage to property
• Repeatedly drives by a residence or workplace
• Telephone harassment or other forms of harassment, or
• Harm or threatened harm to children
What is a “household member?”
•Current or former spouse
•Parent or a current or former stepparent
•Current or former parent-in-law
•Grandparent or a grandparent-in-law
•Co-parent of a child
•Person with whom the offender has had a dating or intimate
relationship
•New Mexico criminal law (N.M. Stat. §30-3-11)
Relationship between domestic violence and
alcohol in New Mexico
• Approximately one-third (35%) of domestic violence cases reported by law
enforcement involved alcohol/drug use
• Of these, 92% involved suspect use of alcohol/drugs
• And 18% involved victim use of alcohol/drugs
• These percentages include the 11% of cases where both the victim and the
suspect were using alcohol/drugs at the time of the domestic assault
Source:
http://www.nmcsap.org/Betty_Caponera_DV_in_NM_X_2010_Data_web.pdf
Stalking
• To harasses another person in an aggressive, often threatening and
illegal manner
• To pursue persistently and sometimes attack (a person with whom one
is obsessed, fascinated, etc.)
• Harassment
•Annoys
•Alarms
•Terrorizes
Voyeurism – the practice of obtaining sexual
gratification by viewing sexual objects, acts or
genitalia, especially secretly
Stalking behaviors
• Follows you or shows up where you are
• Sends unwanted items
• Damages your property
• Monitors your calls or computer use
• Uses technology to track you
• Threatens to hurt you or your family
STALKING NEEDS TO BE TAKEN SERIOUSLY!
Risk reduction
Violent crimes such as sexual harassment, domestic/relationship violence, or stalking are
never the fault of the victim. Below are some steps you can take to reduce the risk of being
assaulted:
• Avoid dangerous situations:
• Always have your cell phone charge and with you
• Avoid isolated areas
• Avoid putting earphones in both ears in unfamiliar places
• Safety planning:
• Know where exits are located
• Be aware of transportation options
Source:
https://www.rainn.org/get-information/sexual-assault-prevention
Risk reduction
• Safety in social situations:
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Go to parties with friends
Trust your instincts
Don’t accept drinks from people you don’t know
Watch out for your friends and have them watch out for you
If you suspect a friend has been drugged; contact the police
• When you feel pressured by someone:
• Remember that being in this situation is not your fault
• Be true to yourself and what you want to do
• Share code words with friends and family that will trigger a rescue plan
• Lie or make an excuse to get out of the situation
• Think of an escape route
Source:
https://www.rainn.org/get-information/sexual-assault-prevention
First steps to take if you are a victim of rape or sexual assault
• GET TO SAFETY
• Call 911
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Do not bathe or shower
Do not comb or brush your hair
Do not change your clothes or shoes
Do not douche
Obtain emergency medical care at a hospital. A sexual assault nurse examiner can conduct the
examination and provide medical care (injuries, pregnancy, STD’s). Bring a change of clothing with
you
• Consider contacting a sexual assault advocate as a source of support during the examination at the
hospital and with other legal processes
• STAY SAFE
• Obtain an Order of Protection (court-ordered) or No-Contact Directive (campus judicial action)
• Change locks, make sure doors are locked
• Stay in the company of safe others (family, friends)
First steps to take if you are a victim of domestic or relationship
violence or stalking
• GET TO SAFETY
• Call 911
• If you are still in the relationship:
• Make a list of safe people to contact
• Memorize all important numbers
• Establish a “code word” or “sign” so that family , friends, teachers or co-workers
know when to call for help
• Identify a safe place to go if an argument occurs, avoid rooms with no exits
• If possible, get weapons out of the house
First steps to take if you are a victim of domestic or relationship
violence or stalking
• If you have left the relationship:
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Change your phone number
Screen calls
Save and document all contacts, messages, injuries or other incidents involving the abusive partner
Change locks if the batterer has a key
Avoid being alone
Plan how to get away if confronted by the abusive partner
If you have to meet your partner, do it in a public place
Vary your routine
Call the local domestic violence shelter for emergency shelter
• STAY SAFE
• Obtain an Order of Protection (court-ordered) or No-Contact Directive (campus judicial action)
• Change locks, make sure doors are locked
• Stay in the company of safe others (family, friends)
Court-issued orders of protection for domestic abuse
(including relationship violence, sexual abuse and stalking)
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To restrain the abusing party from committing acts of domestic violence
Excludes the abusing party from your home, work, school or daycare
Requires "no contact" in person, by telephone, notes, letters, telegrams, pagers, e-mail or third party
Gives you access to the courts with a hearing scheduled before a Special Commissioner
Provides other appropriate relief such as temporary custody of children and child support
Allows the police to arrest the abuser if there is a violation of the Order
• What relationships qualify?
• Boy friend/girl friend/lover or former of these relationships (same sex or opposite sex)
• Co-parents/family members (over 18 years old)
• Continuing personal relationships
Source:
http://seconddistrictcourt.nmcourts.gov/dv2.html
Rights of the Survivor/Victim
• To choose how you want to respond regarding what happened to you
• To choose whether to file a police report
• To have university personnel available to you for support throughout the reporting process
• To file a complaint with other campus offices (i.e., Office of the Dean of Students, Office of Institutional Equity)
• To be treated with fairness and respect throughout the investigatory process
• To obtain a no-contact directive from Student Judicial Affairs or an Order of Protection from the courts
• To be protected from harm which could include a change in your academic, living, transportation or working situations to
avoid a hostile environment
• To a prompt and equitable resolution
• To have an advisor present during any hearing or meeting
• To be informed of the outcome of the disciplinary hearing at the same time as the alleged perpetrator
• To appeal the outcome of the disciplinary hearing and/or sanctions
• To be notified of any change of the results
• To be notified of when results are final
Nonacademic misconduct
• Behavior committed by a student that is violent, including sexual misconduct and domestic or
relationship violence, is considered to be nonacademic misconduct that could result in a sanction
by the university.
• The hearing officer will determine responsibility, based on preponderance of the evidence, and a
sanction will be imposed.
• As a result of an investigation and/or conference with a student or organization representative,
one of the following actions may be taken:
• The allegation may be dismissed as unfounded.
• The allegation may be dismissed for lack of preponderance of the evidence.
• The student or organization representative may admit responsibility and a sanction will
be imposed.
Non-academic disciplinary process
• Student is notified of charges and date of hearing
• Hearing is held
• Decision is made by the Hearing Officer
• If the student is found not responsible for charges, the case is dropped
• If the Student is found responsible for charges, sanctions are imposed
• Student is notified of the outcome of the decision
• Student may request first appeal based on grounds for appeal
• Student may request second appeal based on grounds for appeal
Possible sanctions
• Stalking
• Written Warning
• Disciplinary Probation
• Disciplinary Suspension
• Domestic Violence
• Disciplinary Probation
• Disciplinary Suspension
• Dating Violence
• Disciplinary Probation
• Disciplinary Suspension
• Sexual Assault
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Disciplinary Probation
Disciplinary Suspension
Dismissal
Expulsion
Rights of the Alleged Offender
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To a fair and equitable hearing
To be formally notified and informed of the allegations
To view the evidence
To have an advisor present (i.e., other witnesses, attorney)
To provide a statement
To call and question witnesses
To be notified of the decision
To an appeal of the decision and sanctions
To be notified of changes in the decision post-appeal
To be notified of all finalized outcomes
Privacy and confidentiality
• NMSU shall take appropriate steps to protect the privacy of individuals involved in a report of
sexual harassment, including sexual violence, domestic and relationship violence, or stalking. A
report of any of these behaviors could indicate the necessity of gathering extremely sensitive
information for investigation by the NMSU Police Department or the Office of Institutional Equity.
• Because of the need to keep the entire campus safe, a warning may have to be sent to the
campus community. Every effort will be made in this warning to maintain the individual’s privacy:
at no time will the victim be named in the warning and only information necessary to keep the
campus community safe will be provided.
• The Family Educational Rights and Privacy Act of 1974 (FERPA) protects student records.
Disciplinary actions are protected through FERPA and can only be shared on an educational needto-know basis. Disciplinary status can also be shared if the student authorizes through a release of
information
Privacy and Confidentiality
• The Jeanne Clery Act requires NMSU faculty, staff, graduate assistants, and student employees to
serve as Campus Security Authorities (CSA).
• Should a student report an incident of sexual harassment/violence, domestic violence or
relationship violence, the CSA is obligated to report the crime to the appropriate offices including
the Office of Institutional Equity or the NMSU Police Department. In this case, confidentiality will
not apply—CSA’s are required to report.
• The Jeanne Clery Act does not require pastoral counselors and professional counselors serving in
the role of counselor to report the crime; they are able to maintain confidentiality. When a
student reports an incident of sexual harassment, domestic or relationship violence, the
counselor will inform the victim of their rights and the actions they may take to report the
incident to other authorities on campus should they choose to do so.
Bystander intervention
• Community standard which says “Violence is not okay”
• Violence is about power; bystander intervention reduces the power
that results in personal violence
• Bystander intervention identifies everyone as a potential bystander
who can help those in need and reduce violence
• Move from passive observation of violence to active intervention
• Bystander intervention creates a lasting change in behavior to reduce
personal violence on a community level
What can you do?
• Notice the event or incident
• Identify this event or incident as a problem or emergency
• Assume responsibility by feeling motivated to, and capable of, finding
a solution
• Act
Reasons people do help
• It is unclear if the situation is an emergency
• The cost of helping (to the bystander) is greater than the cost of not
helping
• The more people that are present, the less likely someone will ‘step up’ and
intervene
• The bystander feels the person needing assistance is not similar to
themselves
• The bystander is not in a good mood
• Perception someone else will take action
• The person needing assistance is not perceived as an innocent victim
• Society does not expect them to intervene
As an Aggie, these are not acceptable excuses to stop you from helping
Bystander Intervention
You can interview in cases of:
Bystanders Include:
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• Students
• Staff
• Faculty
• Parents
• All community members
• YOU
Academic misconduct
Alcohol misuse or abuse
Alcohol poisoning
Anger issues
Depression or suicidal thoughts
Eating disorders
Gambling
Hazing
Relationship abuse or violence
Sexual assault
For Survivors…
• This presentation has been about rape, sexual assault, stalking,
domestic violence and relationship violence. If you have been a
victim of any of these crimes, some of the information may trigger a
reaction that could be disturbing. Consider obtaining counseling
services for support.
• If you are in crisis, the Crisis Assistance Listening Line (575-646-2255)
has responders available to offer support 24/7.
Where to go at NMSU-Las Cruces
Report
Support
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The following on-campus and off-campus services are
confidential resources:
•NMSU Counseling Center - Room 100, Garcia Annex
(575-646-2731)
NMSU Police Department 911 (575-646-3311)
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Office of Institutional Equity (575-646-3635)
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File a police report
Meet with the Victim Service Coordinator, Amanda Bowen (575-646-3424)
Files reports of rape, sexual assault, domestic or relationship violence
Office of the Dean of Students (575-646-1722)
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File a complaint of sexual harassment, domestic or relationship violence
Issues “no-contact” orders when needed. This order would be given to the
alleged offender and at a minimum, be in place throughout the course of
the investigation.
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Las Cruces Police Department (575-528-4200)
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Doña Ana County Sheriff’s Office—Victim Assistance Unit
(575-528-4111)
•Campus Health Center (575-646-1512)
•The Crisis Assistance Listening Line/CALL (575-6462255)
•La Piñon Sexual Assault Recovery—S.A.N.E. Unit
(575-527-3437)
•La Casa Domestic Violence Shelter (575-526-2819)
Where to go at NMSU-Alamogordo
Report
• Vice President for Student Success (575-439-371)
• Counselor (575-439-3698)
• Alamogordo Police Department (575-439-4300)
• NMSU Police Department (575-646-3311)
• File a police report
• Meet with the Victim Service Coordinator, Amanda Bowen (646-3424)
• NMSU Office of Institutional Equity (575-646-3635)
• Files reports of rape, sexual assault, domestic or relationship violence
• Office of the Dean of Students (575-646-1722)
Where to go at NMSU-Doña Ana Community College
Report
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Vice President for Student Services (575-527-7530)
Student Accessibility and Resource Center (575-527-7648)
Counselor (575-527-7548)
Las Cruces Police Department (575-528-4200)
NMSU Police Department (575-646-3311)
• File a police report
• Meet with the Victim Service Coordinator, Amanda Bowen (646-3424)
• NMSU Office of Institutional Equity (575-646-3635)
• Files reports of rape, sexual assault, domestic or relationship violence
• Office of the Dean of Students (575-646-1722)
• Doña Ana County Sheriff’s Office—Victim Assistance Unit (575-528-4111)
Where to go at NMSU-Carlsbad
Report
• Vice President for Student Services (575-234-9220)
• Student Counseling Services (575-234-9265)
• Carlsbad Police Department (575-885-2111)
• NMSU Police Department (575-646-3311)
• File a police report
• Meet with the Victim Service Coordinator, Amanda Bowen (575-646-3424)
• NMSU Office of Institutional Equity (575-646-3635)
• Files reports of rape, sexual assault, domestic or relationship violence
• Office of the Dean of Students (575-646-1722)
Where to go at NMSU-Grants
Report
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Vice President for Student Services (505-287-6628)
Lead Advisor (505-287-6629)
Grants Police Department (505-287-2983)
NMSU Police Department (575-646-3311)
• File a police report
• Meet with the Victim Service Coordinator, Amanda Bowen (646-3424)
• NMSU Office of Institutional Equity (575-646-3635)
• Receives reports of rape, sexual assault, domestic or relationship violence
• Office of the Dean of Students (575-646-1722)