CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO

SEXUAL ASSAULT POLICY AND PROCEDURES

ENDORSED BY ADMINISTRATIVE COUNCIL:  January 11, 1999

APPROVED BY PRESIDENT KARNIG:      February 11, 1999

RESPONSIBLE DEPARTMENT:    Director, Public Safety, 909/880-5165

BACKGROUND

The University has a legal and ethical responsibility to do all it can to protect members of the University community from all forms of sex crimes, including but not limited to sexual assaults and rapes.  These crimes are violations of criminal and civil law, and constitute serious breaches of student or employee conduct as well.

PURPOSE

It shall be University policy that a comprehensive approach will be taken regarding the prevention, detection and prosecution of sex crimes.  Violations of this policy will be pursued through appropriate administrative action and criminal prosecution.  Such crimes will be handled in a manner which provides the greatest protection, not only to the victim, but to the entire campus community.  To this end, a Sexual Assault Response Team (S.A.R.T.) has been established.

The University is equally committed to coordinating every possible support service to survivors, including keeping them fully informed.  The purpose behind this policy is to provide the broadest and most comprehensive support system possible to campus sex crime victims.  It shall be University policy that this goal shall be a shared responsibility throughout the University.

Education and training with regard to sex crime prevention will be key aspects of the overall comprehensive program.  The campus will comply with the spirit and letter of the Freedom of Information Act with regard to dissemination of all crime statistics and will make every effort to keep the campus as well informed as possible with regard to data related to sex crimes on campus.   Within the limits of lawfully mandated confidentiality, information which should be legally disseminated regarding a sex crime for the protection of the campus community will be distributed as expeditiously as possible.  The end result of this policy must be freedom from the fear of crime and a quality of campus life inspired by a confidence in the campus response to sex crime issues and conditions.

PROCEDURES

SEXUAL ASSAULT RESPONSE TEAM (S.A.R.T.)

The University will establish a Sexual Assault Response Team (S.A.R.T.) for the purpose of providing a proactive response to campus sexual assault issues.  The team shall be jointly responsible for ensuring that everything reasonably possible is and will continue to be done to prevent and respond to sexual assaults on campus.

The S.A.R.T. will be an additional duty for its members who will be assigned by the President.  The members will be publicized to the campus community.  The S.A.R.T. will be headed by a team leader designated by the President.  Responsibilities will be assigned by the S.A.R.T. leader or the leader's designee.  Whenever possible, S.A.R.T. members will be responsible for procedures within their area of expertise and university assignment.

Team Responsibilities (included but not limited to):

Reduction of fear and promotion of S.A.R.T. procedures and safety on campus

Enhancement of campus environmental design and escort services

Training in sexual assault issues and defense

Information dissemination

Crime prevention and statistics dissemination

Crime detection, investigation, and criminal prosecution of offenders

Coordination of survivor support through sexual assault services

Coordination of survivor medical treatment and counseling services

Coordination of survivor housing change needs (residence hall students)

Rumor control and proper open campuswide communication of information and issues within limits of victim confidentiality rules

Timely, legal and/or administrative handling of all sexual offenders

Team Membership (may include any combination or representatives from the following groups):

Public Information Office Representative

San Bernardino County Sexual Assault Services Representative

Public Safety Manager

Public Safety Investigator

Counseling Center

Health Center Medical

Human Resources

Student Discipline

Student Affairs

Student Housing

Faculty Senate

A.S.I.

Staff

Cross Cultural Center

Women's Resource Center/Adult Re-entry Center

Women's Studies

Sexual Harassment Committee

Support Options:

Sexual assault is a difficult subject to address with sensitivity and objectivity.  The institution is concerned with the rights of all members of its community.  All parties to a complaint are entitled to due process in the handling of the complaint.  Individuals are encouraged to formally and immediately report any incidents of sexual assault to the CSUSB Public Safety Department, and to obtain the support and assistance of friends and staff in presenting their concerns.

1. Where to Get Help
   1. Students or campus visitors who believe that they are victims of sexual assault may want to discuss the matter with at least one of the following University staff members:
      1. Any S.A.R.T. member

      2. A counselor in the Counseling Center

      3. San Bernardino County Sexual Assault Services

      4. Student Health Center Professional Staff (a doctor or nurse)

      5. CSUSB Public Safety Department

      6. Any Sexual Harassment Counselor

   2. University faculty or staff who believe they are victims of sexual assault may want to discuss the matter with at least one of the following University staff members:
      1. Any S.A.R.T. member

      2. A counselor in the Counseling Center

      3. San Bernardino County Sexual Assault Services

      4. Student Health Center Professional Staff (a doctor or nurse)

      5. CSUSB Public Safety Department

      6. Any Sexual Harassment Counselor

      7. Human Resources Department

   3. The role of any S.A.R.T. member, staff or faculty when initially contacted for informal advice by a sexual assault victim is:
      1. Encourage the victim to report the occurrence to the CSUSB Public Safety Department for investigation and/or prosecution.   Victims have the option of providing the name of the alleged assailant.   However, once the name is given to a sworn police officer, that officer is obliged to take the appropriate legal action.

      2. If the victim chooses not to report the occurrence to the CSUSB Public Safety Department, but is in need of medical attention, refer the victim to the Student Health Center (if open) or to the nearest hospital if the Health Center is not open.

      3. If the victim chooses not to report the occurrence to the CSUSB Public Safety Department, but is not in need of medical attention, you may refer them to any of the counseling options listed in sections 1 or 2 above, to any Sexual Harassment counselor, or to the Human Resources Department, as is appropriate to their needs.

      4. When referring a victim to the campus Counseling Center, you may offer to make the call and arrange an appointment for them.  Victims often need additional emotional support and assistance in sorting out their feelings associated with the assault.

      5. If the victim prefers or needs services not readily available on campus, you may recommend that they contact the San Bernardino County Sexual Assault Services.

      6. You should make every effort to contact victims the following day.  While respecting whatever decision they have made, you may encourage them to get some type of assistance if they have not done so already.

2. How to File a Complaint>

   Incidents of sexual assault should be reported to the following offices:

   1. Report to the CSUSB Public Safety Department immediately.  Victims are encouraged to make police reports for their own safety and the safety of others on the campus.  If the police do not know about a crime, they cannot take action to protect others from the attacker or similar behavior or dangers.

   2. If the victim does not wish to file a police report, then report to a University Sexual Harassment Counselor.

   3. If the victim or suspect are University employees, a report should be made to the Human Resources Department so that employee assistance may be rendered, whether or not a police report is made.

3. Public Information Procedures

   The purpose of public information release in the event of sexual assault is to provide swift, accurate and up-to-date information to the campus community and the news media with regard to the incident, so that faculty, staff, students, and the general public are apprised of the potential injury that has been reported and the personal safety/preventive measures that can be taken.  In addition, the privacy and confidentiality requirements of the victim(s) and suspect(s) shall be maintained, including the withholding of the name(s) of those involved when appropriate and as provided by law.  Descriptors of the suspect(s) at large, or those arrested and taken into custody, may include physical characteristics as reported by the victim(s) and/or witness(es).

   The campus community shall be notified as soon as possible through a variety of delivery systems, including (but not limited to) e-mail, voice mail, memoranda, fliers, and campus publications.  Typically, the Public Affairs Office will generate and distribute the information campuswide and to the news media as warranted.  A release of public information off campus will be determined by the circumstances of the incident.

4. Confidentiality
   1. Alleged incidents of sexual assault generate a high degree of concern from the campus community, the local press, parents, and others.  All university disciplinary procedures are confidential.   Every effort will be made by university officials to maintain confidentiality in responding to inquiries regarding the investigation, the disciplinary process, and final outcome of any disciplinary proceedings.

   2. Victims who are under age 18 will be made aware of mandatory reporting requirements of Penal Code Section 11166 by their university contact.  The CSUSB Public Safety Department may be contacted for a copy of that section, if needed.

   3. Accused students or employees will also be informed of any disciplinary sanctions invoked as a result of the disciplinary proceedings and apprised of the confidential nature of this information.

   4. The victim should also be assured of the confidentiality of campus medical records which may be released only upon the patient's written consent or in response to a valid subpoena.

   5. Victims of sexual assaults who contact CSUSB Public Safety Department may elect to have their name and personal identifying information kept "confidential."  If they so elect, that information shall be kept confidential from the public.

 

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