Sexual Misconduct Policy
As defined by this policy, sexual misconduct by or against a student is prohibited.
SEXUAL MISCONDUCT INTRODUCTION
Pacific community members shall be able to pursue their interests in a safe and respectful environment free from any form of sexual misconduct. The University will not tolerate such acts against its members, will evaluate known incidents of alleged sexual misconduct, and, when appropriate, apply judicial action.
This policy pertains to incidents of sexual misconduct between students or when the alleged perpetrator is a student. Alleged victims may be of any gender or sexual orientation. This policy defines sexual misconduct and the activities that constitute a violation; identifies procedures for responding to incidents; outlines options for reporting alleged violations; and explains the judicial hearing process for alleged violations. In instances where a student asserts that a faculty or staff member has engaged in sexual misconduct, a student should alert the Director of Judicial Affairs who will assist the student in communicating with University Human Resources.
Reporting is the only way the University can take action against an alleged violator of the policy. Students may choose to file a report of alleged sexual misconduct at any point in time; however, anyone that is made aware of an alleged assault is strongly encouraged to report incidents to appropriate University officials as soon as possible. Reporting within 72 hours will help ensure that a student receives appropriate medical attention and emotional support. Timely reporting will also aid in the collection and preservation of potential evidence. In order to provide the level of care to reporting of such events and to avoid any failures of communications, the University expects that a student’s reporting of alleged incidents of sexual misconduct should include an electronic, email, or in-person report to a University staff member who is at the director or higher level in administration.
In accordance with Student Judicial Procedures outlined in Tiger Lore, violations of this policy may result in sanctions up to and including dismissal or suspension from the University. Prosecution by the criminal justice authorities is not a requirement for the student judicial process to be initiated.
Definitions
Sexual Misconduct is an umbrella term that includes any non-consensual sexual activity that is committed by force or fear or mental or physical incapacitation, including through the use of alcohol or drugs. Sexual misconduct can vary in its severity and consists of a range of behavior, including rape, statutory rape (sexual contact with a person under 18 years old), sexual touching, sexual exploitation, sexual harassment, and conduct suggestive of attempting to commit any of the aforementioned acts.
Consent – Sexual activity shall not take place unless consent has been freely given. Freely given consent includes ALL of the following conditions, participants:
are fully conscious; are equally free to act; have clearly communicated, either verbally or non-verbally, their sincere desire to engage in a specific sexual activity; and are free to cease ongoing consensual activity at any time.
Consensual participation in a sexual activity shows consent to that specific activity, but does not necessarily show consent to additional activity of a longer or more intense nature.
A prior or current dating relationship does not constitute consent.
Consent is NOT freely given if ANY one of the following conditions exists and the student knows, should know, or has acted so as to neglect to know, if any of these conditions apply:
A participant…
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is intoxicated as a result of alcohol or drug use;
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has lost consciousness or is asleep;
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is suffering from shock;
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is reasonably fearful of an assault;
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reasonably feels threatened;
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has not been given the opportunity to consent;
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has acted or spoken in a manner which expresses that she/he refuses to consent. Verbal rejection or any other type of resistance constitutes a lack of consent - silence alone does not imply consent;
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has a mental, developmental or physical disability, rendering an individual unable to give consent; or
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is not eighteen years of age.
Intoxication – Intoxication is a state in which an individual, as a result of alcohol or drug use, has a diminished ability to reasonably comprehend the nature of the situation or its potential consequences. The level of intoxication of those involved will be considered by the University to resolve issues of alleged consent to sexual activity.
The University expects a student to confirm s/he has received consent from their partner to engage in sexual activity and the ability of their partner to consent is not diminished by intoxication that is apparent or reasonably should be apparent.
Rape – Rape is the sexual penetration (however slight) of the victim’s vagina, mouth, or rectum without consent. Rape involves penetration with (a) the use of force/fear or the threat of force/fear; or (b) with an individual who is unconscious or physically powerless to give consent; or (c) with a person who is otherwise incapable of giving consent, including situations where the individual is under the influence of alcohol or drugs and this condition was or should have reasonably been known to the respondent.
Sexual Touching – Sexual touching, also known as sexual battery, is the act of making unwanted and sexually offensive contact (clothed or unclothed) with an intimate body part of another person or action, which causes immediate apprehension that sexual touching will occur. Intimate body parts include sexual organs, the anus, the groin, breasts or buttocks of any person. Sexual touching includes situations in which the accused engages in the contacts described with a person who is incapable of giving consent.
Sexual Exploitation –Sexual exploitation is the taking advantage of a non-consenting person or situation for personal benefit or gratification or for the benefit of anyone other than the alleged victim; and the behavior does not constitute rape, attempted rape, sexual touching or sexual harassment. Sexual exploitation includes, but is not limited to:
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Photographing or making audio or video recordings of sexual activity without consent;
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Dissemination of images or recordings without consent of the participant(s);
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Allowing others to observe sexual activity without the knowledge or consent of the partner;
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Voyeurism (Peeping Tom);
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Knowingly transmitting a sexually transmitted infection or HIV to another student;
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Prostituting another person; or
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Giving alcohol or other drugs to another student with the intention of rendering him or her incapable of giving consent.
Sexual Harassment—Sexual Harassment occurs when an individual’s behavior involves one or more of the following:
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unwelcome sexual advances or touching;
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unwelcome requests for sexual favor or propositions;
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unwelcome verbal expression of or about an individual’s body or sexually degrading words used to describe an individual; or
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other unwelcome verbal, visual, or physical behavior of a sexual nature including, but not limited to those circumstances where:
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Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s education or employment;
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Submission to, or rejection of, such conduct by an individual is used as the basis for academic or employment decisions affecting the individual’s welfare;
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Such conduct has the purpose or effect of unreasonably interfering with an individual’s welfare, academic, residential life or creates an intimidating, hostile, or offensive educational, living, or working environment; or
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Prohibited acts that constitute sexual harassment include, but are not limited to: verbal conduct such as epithets, derogatory comments, slurs, or comments; visual displays such as derogatory or offensive posters, drawings or images; unwanted touching, blocking normal movement, interfering with study, work or activities; threats, demands to submit to sexual requests.
Procedures for Victims
Immediate Action— The student is encouraged to discuss the assault confidentially with the Pacific Student Victim Advocate or a therapist from Counseling Services. The student may also consider seeking assistance and support from someone he or she trusts, such as a friend, housing staff member, coach, faculty member, or other University staff; however, these individuals are not confidential resources and may be required to report the incident as required by the Clery Act.
For emergency assistance, the student may contact:
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Pacific Student Victim Advocate - 209.403.0250
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Counseling Services 209.946.2315 x2
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Residence Director on-call 209.401.9854
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Greek Resident Director on-call 209.479-6014
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Department of Public Safety 209.946.3911
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Women’s Center of San Joaquin County 209.465.4997
The Women’s Center of San Joaquin County, which serves males as well as females, has a 24-hour rape crisis advocate who can offer assistance.
Medical Attention— The student should seek immediate medical attention at San Joaquin County General Hospital (209.468.6000) within 72 hours of the assault. The medical exam includes checking for injuries, screening for sexually transmitted infections, gathering evidence, providing medications with follow-up care, and preserving a legal chain of command of the evidence. Evidence collected during the exam will be preserved in the event the student decides at a later point to press charges. Filing a police report at the hospital will ensure the student is not charged for any treatment. The student may ask for an advocate (both are confidential) from either the Women’s Center of San Joaquin County (209.465.4997) or the University’s Victim Advocate (209.403.0250) to offer support at the hospital. Cowell Wellness Center is available to provide follow-up non-evidentiary medical tests and medications (209.946.2315x1).
Preserving Evidence— Students should attempt to preserve evidence at the scene in the following ways: leave the scene undisturbed to allow professionals to collect the evidence; if not able to leave the scene undisturbed the student may collect bedding and/or other loose fabrics in the immediate area of the assault which should be stored in a paper bag for evidence; if a prophylactic device of any type was used and remains at the scene of the incident, the student should attempt to retrieve it and/or any other debris and preserve it in a paper bag; do not bathe, urinate, douche, brush her/his teeth, drink liquids, or change clothing before seeking medical attention at a hospital; if the student has already changed clothes, she/he should bring all the original clothing to the hospital in a paper bag; all evidentiary materials should be placed in separate paper bags to prevent cross contamination of evidence. Plastic bags damage evidence.
University Reporting
Pacific takes incidents of sexual misconduct very seriously and encourages students to report all incidents. Students are free to report instances of sexual misconduct to the University regardless of whether or not they choose to press formal charges with law enforcement.
In all situations, Pacific’s goal is to treat all complainants (alleged victims) with sensitivity and fairness while also ensuring that the respondent (alleged perpetrator) receives appropriate due process. Both the complainant and the respondent are entitled to a support person throughout the reporting, investigation and hearing process. Please refer to Modified Hearing Procedures for Victim/Witness Protection (Section 45) for more information.
If a student discusses the incident with a University staff, or faculty member, with the exception of therapists from Counseling Services and the Student Victim Advocate, who are confidential resources, the staff member or faculty member must contact the Student Victim Advocate to file an Anonymous Report of sexual misconduct, which will be forwarded to Public Safety, as required by the Clery Act.
Options for Filing a Report
Confidential Report of Sexual Misconduct (Anonymous Report) – Any student, staff, or faculty member may file an anonymous report. The report form need not include the name of the complainant nor the accused unless the student chooses to include them. Initials of the complainant should be included to be able to keep a record of the report in the event the complainant wishes to file a formal report at a future time. Filing an anonymous report will assist the University in compiling crime statistics. It will not result in a police investigation. Copies of the report form are available online and can be found on the Student Victim Advocate site found on the Public Safety main page.
Formal reports- Students may elect to file a formal report through the Student Victim Advocate or Public Safety. A formal report will include the names of the student filing the report and will include the name of the accused, if known. If a student chooses to file a formal report, then either or both of the following procedures may result:
University Judicial Process- The Director of Judicial Affairs will review the referral to determine if there is sufficient evidence to charge a student with a violation of this Code and to hold a judicial hearing. If so, the Director will issue an allegation letter to the accused.
Criminal Justice Process- The report may lead to a review of the criminal justice system, whether or not the University judicial system is reviewing the matter. Students may choose to report these incidents to the University Public Safety Department or to any other law enforcement agency. The Student Victim Advocate or Public Safety Officer can assist in the reporting process within the criminal justice system.
University Support
Student Victim Advocate: (209.403.0250). Trained to support and assist any student who has experienced a sexual assault, harassment, or crime. The Student Victim Advocate can explain options regarding medical care, academic concerns, housing, counseling, judicial process, and filing a report.
Reassignment of Rooms & Classes: When a student alleging a sexual assault or sexual harassment and the accused attend the same class or reside in the same campus residence or in close proximity to one another, the student may make a request through the Victim Advocate for consideration of immediate reassignment. The Student Victim Advocate’s Office will consult with the appropriate areas and request that changes be made if possible regarding class changes. A safe room is available on a temporary basis through the Student Victim Advocate’s Office.
Education and Counseling: The University of the Pacific offers educational programming to students, faculty, and staff on sexual assault and sexual harassment. The University provides medical treatment and counseling to students who may have been a victim of sexual misconduct.
For more information on Pacific's Sexual Misconduct Prevention Education , which includes sexual assault, sexual harassment and alcohol education.
For a complete listing of policies and specialized hearing procedures, please refer to Tiger Lore Student Handbook
