NSU Guide for Responding to Sexual Misconduct: Required Resources and Information Acts of sexual misconduct, sexual assault, and sexual harassment are serious violations of federal, state and local laws and of Norfolk State University’s Student Code of Conduct, Faculty Handbook, and code of conduct for employees as well as students. These acts are strictly prohibited and will not be tolerated at NSU. Research indicates that most sexual assaults on college campuses involve alcohol use, which is never an excuse for sexual misconduct. What College Students Need to Know About Sexual Assault Objectives of this On-line Training Module To understand what constitutes sexual misconduct, sexual assault; its risks and devastating effects; To understand parameters of local, state and federal law and University policy relative to sexual assault; To learn how to respond to and support survivors and/or victims of sexual assault; To become aware of campus and community resources that are available to survivors and/or victims. The Problem Notalone.gov. White House website on sexual assault http://www.whitehouse.gov/1is2many 1 in 5 YOUNG WOMEN WILL BE A VICTIM OF SEXUAL ASSAULT WHILE THEY ARE IN COLLEGE 1 in 9 TEEN GIRLS WILL BE FORCED TO HAVE SEX 1 in 10 TEENS WILL BE HURT ON PURPOSE BY SOMEONE THEY ARE DATING 1 IS 2 MANY. The Problem (CONTINUED) One in four women will be raped in her lifetime; One in seven men will be sexually assaulted in his lifetime; Rape and sexual assault are among the least reported crimes. What is Sexual Misconduct? Sexual misconduct includes a wide-range of behaviors that include sexual assault and rape, sexual harassment, dating and domestic violence, stalking, and any other conduct of a sexual nature that is nonconsensual, or that has the potential to harm, threaten, intimidate, pressure or coerce an individual. Both men and women are protected from sexual misconduct. In addition to non-consensual sexual contact, sexual misconduct includes, but is not limited to, threatening speech, participation in making or distributing photographs, video, or other visual or auditory recordings of a sexual nature. Effect of Sexual Assault on Victims Chances of developing rape trauma syndrome (i.e., post-traumatic stress disorder) after being raped are between 50 and 95%; After a rape, victims are 10 times more likely to abuse drugs and 14 times more likely to have significant alcohol dependencies. Additional effects may include: Anxiety Distorted Self-Image Powerlessness Depression Perseverance Withdrawal Disorganization Self-Blame What Should I do if I am Sexually Assaulted? First, get to a safe place. If you are in danger or in need of urgent medical attention, call 911 or call Norfolk State University Police at 757-823-8102. Even if you are not injured, you still need medical assistance to protect your health. The NSU Counseling Center or the YWCA Crisis Intervention Services can offer you guidance, support, and can accompany you to receive medical assistance to protect your health. Medical assistance will be provided a nurse examiner who can a safe and caring environment. THE NSU COUNSELING CENTER – 757-823-8173 THE YWCA COUNSELING CENTER – 757-625-4248 THE YWCA CRISIS HOTLINE – 757-226-9922 What to do if I am Sexually Assaulted (continued) To protect evidence, it is important that you do not shower, brush your teeth, put on make-up, eat, drink, or change your clothes until advised to do so. You are encouraged to report the crime to University law enforcement or to a local police for criminal investigation. NSU Police 757-823-8102 911 If you feel uncomfortable reporting the crime, consider calling a confidential counseling resource (NSU Counseling Center or the YWCA Crisis Hotline) where you may discuss your concerns and questions regarding the assault and the reporting process. You are also encouraged to report the crime or incident to the NSU Title IX Coordinator who will further ensure your safety and provide other forms of support (757-823-8160) Where to Refer Victims of Sexual Assault The following campus and off-campus resources are immediately available and FREE OF CHARGE to anyone who may need or desire counseling or advocacy related to past or present sexual assault trauma. Any person requiring immediate assistance should contact one of the offices below: THE NSU COUNSELING CENTER – 757-823-8173 THE YWCA COUNSELING CENTER – 757-625-4248 THE YWCA CRISIS HOTLINE – 757-226-9922 THE NSU POLICE DEPARTMENT – 757-823-8102 THE NSU TITLE IX COORDINATOR – 757-823-8160 What is the difference between Sexual Assault and Sexual Harassment? (https://www.notalone.gov/) Sexual Assault is a crime. Sexual assault is defined as intentional sexual contact, characterized by use of force, threats, intimidation or abuse of authority, or when the victim does not or cannot consent. Sexual assault includes rape, forcible sodomy (oral or anal sex), and other unwanted sexual contact that is aggravated, abusive, or wrongful (including unwanted and inappropriate sexual contact) or attempts to commits these acts. Sexual harassment is a form of gender discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. For more information on sexual harassment. What is Dating and Domestic Violence? (https://www.notalone.gov/) Domestic and dating violence: Domestic and dating violence is broadly defined as physically, sexually, and/or emotionally abusive behaviors used by one individual to assert power or maintain control over another in the context of an intimate or family relationship. What is Stalking? Stalking is defined as engaging in a course of conduct that would cause a reasonable person to fear for his or her safety or the safety of another person or causing emotional distress. Examples: Sending unwanted or non-consensual communications (letters, telephone calls, voice mails, e-mail messages, text messages); Showing up repeatedly and unexpectedly; Sending unwanted gifts; Making threatening or obscene gestures; Pursuing or following; surveillance or other observation, trespassing, vandalism, and non-consensual touching. Cyber-stalking is a form of stalking or harassment that involves the Internet to cause someone emotional distress. What is Consent? Only “Yes means Yes and only an explicit ‘yes’ can be considered consent (California Senate Bill 967; Kimmel & Steinhem, 2014).” All forms of sexual activity require consent between the participants (prior to any sexual activity). Consent is defined as VOLUNTARY, POSITIVE AND MUTUAL AGREEMENT, as well as CLEAR COMMUNICATION, UNDERSTANDING AND PERMISSION to engage in any form of sexual activity with a person or persons legally capable of providing consent. Sexual activity with a minor is unlawful with or without consent. Sexual activity with a person who is intoxicated or incapacitated mentally, emotionally, or physically is unlawful with or without consent. Passively allowing someone to touch you in a sexual manner is not consent. Forcing or manipulating someone into having sex is not consent. Prior relationships or prior consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Consent, even when given, can be withdrawn at any time. “Yes means Yes. Only an explicit ‘yes’ can be considered consent.” Rights of Sexual Assault Victims/Survivors To be treated with respect, dignity, understanding and professionalism. To receive available resources, confidential counseling, medical care, guidance, advocacy, safety and other support services; To have your case or concerns fully investigated as desired by campus administrators and/or by law enforcement; To receive academic accommodations (e.g., receiving extensions on assignments or additional academic support after an assault or due to the lingering effects of violence); To receive housing accommodations (e.g., moving an accused rapist or offender out of your dormitory); To receive employment accommodations (e.g., modifying your work schedule to prevent interaction with offender or attacker); To receive campus restraining orders (“no-contact directives”). CONFIDENTIAL REPORTING LOCATIONS (on-campus and off-campus) If you desire complete confidentiality, contact one of the following offices for FREE AND CONFIDENTIAL ASSISTANCE: The NSU Counseling Center (757-823-8173); The Response Sexual Assault Support Services of the YWCA Hotline (757-226-9922); The Response Sexual Assault Support Services of the YWCA Counseling Services (757-625-4248); The NSU Spartan Health Center (757-747-7607). On-Campus Services: The NSU Counseling Center FREE AND CONFIDENTIAL COUNSELING SERVICES; LOCATED ON CAMPUS; 24-HOUR ON-CALL SERVICES; ACCOMPANIMENT SERVICES for FORENSIC COLLECTION EXAMS, EMERGENCY ROOM VISITS, LEGAL AND COURT PROCEEDINGS; Phone: 757-823-8173 Off-Campus Services: THE YWCA OF SOUTHHAMPTON ROADS RESPONSE Sexual Assault Crisis Services of the YWCA offers: FREE AND CONFIDENTIAL SERVICES; LOCATED OFF-CAMPUS; 24-HOUR CRISIS HOTLINE 757-226-9922; ACCOMPANIMENT SERVICES: FORENSIC COLLECTION EXAMS, EMERGENCY ROOM VISITS, LEGAL AND COURT PROCEEDINGS; COUNSELING SERVICES (757-625-4248); Located: 5215 Colley Avenue, Norfolk, Virginia 23508 Medical Care: Rape Treatment Centers Nurse Examiner: Victims can receive a FREE and CONFIDENTIAL medical rape exam at a nearby hospital. A nurse examiner can provide contraception and treatment for sexually transmitted disease. If an individual wishes to pursue an examination, it is necessary to do so within 72 hours of the rape. Hospitals that provide the rape exam: Norfolk General Hospital (757-388-3000) Chesapeake General Hospital (757-312-8121), which works in conjunction with Chesapeake Forensics (757-547-2322 or 398-5105). Preserving Evidence Guidelines for Preserving Evidence: It is important for a victim/survivor of rape to observe the following guidelines if possible: Do not destroy evidence by showering, douching, washing clothes or linen, or washing hands, but doing so does not disqualify a victim from an examination. Additionally, a victim/survivor of rape might wish to put his or her unwashed clothes in a paper bag to be used as evidence. Sexual Assault, Alcohol and Drug Use: A person who is asleep or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason, is not capable of giving valid consent. Therefore, any intercourse with an individual who is intoxicated or incapable of consenting amounts to rape. The use of alcohol or drugs may seriously interfere with the participants' judgment about whether consent has been sought and given. Amnesty The University encourages the reporting of all violations and crimes. The University realizes, however, that students are sometimes hesitant to report such conduct, as they fear that they themselves may receive sanctions. To create a culture of reporting, the University does not charge students with minor violations. Amnesty is granted on the following occasions: When a student is a victim of misconduct; When a student offers assistance to others in need; When a student brings a drug/alcohol dependency issue to the attention of a University official for assistance; The University may impose educational options as opposed to sanctions in such cases, at the discretion of the student conduct officer. Virginia Law Sexual assault, relationship violence, and stalking are recognized by the Commonwealth of Virginia as serious crimes. Victims of criminal sexual assaults are encouraged to contact police and pursue criminal charges. The Norfolk State University Police Department, or local police, can walk individuals through their options, including a criminal and civil investigation (757-8238102 or 911). Local Police: Victims have the option of calling 911 or contacting local police directly. Anonymous Reporting: Sexual assaults can also be reported anonymously to the NSU Police Department by calling 757-823-2148. NSU Title IX Coordinator The NSU Title IX Coordinator oversees grievance procedures and policy relative to the effective handling of sexual assaults and all gender equity issues; The Title IX Coordinator is available to meet with students, faculty and staff; The Title IX Coordinator is located in the Department of Human Resources (Wilson Hall, Suite 210) Phone: 757 823-8160 How to help Victims of Sexual Assault Encourage the victim to get immediate assistance. Help by encouraging reporting of the crime or incident to the NSU Counseling Center, to the YWCA Crisis hotline, to NSU Police, to the NSU Title IX Coordinator or by calling 911; Listen to the victim and take the allegations seriously and make no judgments about the victim or the alleged perpetrator; Accompany the victim to the NSU Counseling Center or NSU Police Department, etc. Support the victim and show respect by maintaining confidentiality. Evaluation: Please provide written responses to the following questions: 1. Define the different types of sexual assault or sexual misconduct. 2. Describe the scope of the problem (trends and statistics in sexual assaults). 3. Describe resources that are available to victims. 4. What is confidential reporting? 5. 1. Identify additional reporting options available to sexual assault victims. 2. Why is it important for a victim of sexual assault to receive medical care? Identify the rights of victims. (continued) EVALUATION OF FOLLOWING SCENARIO: Use the following scenario to answer Question 6 Amanda and Bill meet at a party. They spend the evening dancing and getting to know each other. Bill convinces Amanda to come up to his room. From 11:00pm until 3:00am, Bill uses every line he can think of to convince Amanda to have sex with him, but she adamantly refuses. He keeps at her and begins to question her religious convictions and accuses her of being “a prude.” Finally, it seems to Bill that her resolve is weakening, and he convinces her to give him a "hand job" (hand to genital contact). Amanda would never have done it but for Bill's incessant advances. He feels that he successfully seduced her and that she wanted to do it all along but was playing shy and hard to get. Why else would she have come up to his room alone after the party? If she really didn't want it, she could have left. Please answer questions on the following slide: Bill and Amanda: Evaluation of Scenario Question 6: Based on the scenario regarding Amanda and Bill meeting at a party, please answer the following questions. 6a. Review the definition of “sexual assault” and summarize the definition in writing. 6b. Review the definition of “consent” and summarize it in writing. 6c. Explain if this is, or is not a case of sexual assault based on the definitions of consent and sexual assault. Please follow instructions from your professor to submit written responses to all questions! Response to Scenario Bill would likely be responsible for violating the university Non-Consensual or Forced Sexual Contact policy. It is likely that a university hearing board would find that the degree and duration of the pressure Bill applied to Amanda are unreasonable. Bill coerced Amanda into performing unwanted sexual touching upon him. Where sexual activity is coerced, it is forced. Consent is not effective when forced. Sex without effective consent is sexual misconduct. References Statistics and information regarding trends in sexual assaults are from various studies and sources that include, but are not limited to, the U.S. Department of Justice, Office of Violence Against Women, the National Center for Higher Education Risk Management, the Center for Disease Control, and the White House website on Sexual Assaults (2009-2014).