Sexual Assault

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Statement of Purpose

Immaculata University is committed to providing a campus environment which fosters mutual respect and concern for the entire community.  An act of sexual assault or sexual exploitation is an egregious violation of our community and of the dignity of a member of the community.

Immaculata University will not tolerate sexual assault or sexual exploitation in any form, including date/acquaintance rape.  All acts of sexual assault and sexual exploitation against a member of Immaculata University community shall be considered a form of sexual harassment.  Therefore, where there is reason to believe that Immaculata University’s policies prohibiting sexual assault or sexual exploitation have been violated, the University will investigate the matter in accordance with the University’s Title IX Policy (Volume II, 2.1.18.7).  Immaculata will respond to all reports in an integrated, consistent manner that treats each individual with dignity and respect and will take prompt responsive action to end the misconduct, prevent its recurrence, and address its effects.

Administrators, students, faculty members and staff are protected under this policy in connection with all the University’s administrative, academic, educational, extracurricular, athletic, and other programs.  Further, the prohibitions apply, whether or not the incidents occur on the University campus and whether or not the incidents occur during working/educational hours.  This means that administrators, students, faculty and staff are protected under this policy in connection with all the University’s administrative, academic, educational, extracurricular, athletic, and other programs, whether those programs take place on campus or elsewhere.  The University will respond to complaints that arise from events that initially occurred off University property or outside a University program or activity.  In responding to off campus events, the University will consider the effects of the off campus conduct on an individual’s working, educational and living experience.

A student or employee charged with sexual assault or certain forms of violent behavior may also be prosecuted under the Crimes Code of Pennsylvania. Even if criminal justice authorities choose not to prosecute, the University will investigate any instances of sexual assault and exploitation against a member of the Immaculata community in accordance with the procedures set forth in the University’s Title IX Policy.

Definition of Sexual Assault

Sexual assault is:

1. Any sexual physical contact that involves the use or threat of force or violence or any other form of coercion or intimidation;

2. Any sexual physical contact/indecent contact with another person without that person’s consent, or any such contact with a person who is unable to consent due to incapacity or impairment, mental or physical. “Incapacity” or “impairment” normally includes, but is not limited to: being under the influence of alcohol or drugs;

3. Any violation of the Pennsylvania Crimes Code set forth below.

Offenses

The following lists the Pennsylvania statutes on rape, statutory rape, indecent assault, etc.  Rape includes “stranger rape” and “acquaintance” or “date rape” (in which the assailant and victim know each other):

Rape (18 Pa.C.S. § 3121): A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:

1. By forcible compulsion;

2. By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

3. Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring;

4. Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

5. Who suffers from a mental disability which renders the complainant incapable of consent.

Statutory Sexual Assault (18 Pa.C.S. § 3122.1):  Felony of the second degree:  Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant to whom the person is not married who is under the age of 16 years and that person is either:  (1) four years older but less than eight years older than the complainant; or (2) eight years older but less than 11 years older than the complainant.

Felony of the first degree:  A person commits a felony of the first degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is 11 or more years older than the complainant and the complainant and the person are not married to each other.

Involuntary Deviate Sexual Intercourse (18 Pa.C.S. § 3123): A person commits a felony of the first degree when that person engages in deviate sexual intercourse with a complainant:

1. By forcible compulsion;

2. By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

3. Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring;

4. Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

5. Who suffers from a mental disability which renders him or her incapable of consent;

6. Who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other.

A person commits involuntary deviate sexual intercourse with a child, a felony of the first degree, when the person engages in deviate sexual intercourse with a complainant who is less than 13 years of age.

A person commits an offense under this section with a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is less than 13 years of age and the complainant suffers serious bodily injury in the course of the offense.

As used in this section, the term “forcible compulsion” includes, but is not limited to, compulsion resulting in another person's death, whether the death occurred before, during or after the sexual intercourse.

Sexual Assault (Section 3124.1):  Except as provided in section 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s consent.

Aggravated Indecent Assault (18 Pa.C.S. § 3125):  Except as provided in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person’s body for any purpose other than of good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault, a felony of the second degree, if:

1. The person does so without the complainant’s consent;

2. The person does so by forcible compulsion;

3. The person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

4. The complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;

5. The person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

6. The complainant suffers from a mental disability which renders the complainant incapable of consent;

7. The complainant is less than 13 years of age; or

8. The complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

Aggravated indecent assault of a child. --A person commits aggravated indecent assault of a child when the person violates subsection (a)(1), (2), (3), (4), (5) or (6) and the complainant is less than 13 years of age.

Indecent Assault (18 Pa.C.S. § 3126):  A person is guilty of indecent assault if the person has indecent contact with the complainant, causes the complainant to have indecent contact with the person, or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant and:

1. The person does so without the complainant’s consent;

2. The person does so by forcible compulsion;

3. The person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

4. The complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring;

5. The person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

6. The complainant suffers from a mental disability which renders the complainant incapable of consent;

7. The complainant is less than 13 years of age; or

8. The complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

Indecent Exposure (18 Pa.C.S. § 3127):  A person commits indecent exposure if that person exposes his or her genitals in any public place or in any place where there are present other persons under circumstances in which the person knows or should know that this conduct is likely to offend, affront or alarm.  If the person knows or should have known that any of the persons present are less than 16 years of age, indecent exposure is a misdemeanor of the first degree.  Otherwise, indecent exposure is a misdemeanor of the second degree.

Unlawful Dissemination of Intimate Image (18 Pa.C.S. § 3131):  Except as provided in sections 5903 (relating to obscene and other sexual material and performances), 6312 (relating to sexual abuse of children) and 6321 (relating to transmission of sexually explicit images by minor), a person commits the offense of unlawful dissemination of intimate image if, with intent to harass, annoy or alarm a current or former sexual or intimate partner, the person disseminates a visual depiction of the current or former sexual or intimate partner in a state of nudity or engaged in sexual conduct.

Sexual Exploitation:  Sexual exploitation is an act or omission to act that involves a member of the Immaculata University community taking non-consensual, unjust, humiliating, or abusive sexual advantage of another, either for the individual’s own advantage or to benefit anyone other than the one being exploited.  Examples of sexual exploitation include but are not limited to the following:

1. Creating pictures, movies, web cam, tape recording, graphic written narrative or other means of memorializing sexual behavior or a state of undress of another person without the other’s knowledge and consent;

2. Sharing items described in paragraph (1) above, beyond the boundaries of consent where consent was given. For example, showing a picture to friends where consent to view it was given for oneself only;

3. Observing or facilitating observation by others of sexual behavior or a state of undress of another person without the knowledge and consent of that person;

4. “Peeping Tom”/Voyeuristic behaviors;

5. Engaging in sexual behavior with knowledge of an illness or disease (HIV or STD) that could be transmitted by the behavior;

6. Engaging in or attempting to engage others in “escort services” or “dating services” which include or encourage in any way sexual behavior in exchange for money;

7. Surreptitiously providing drugs or alcohol to a person for the purpose of sexual exploitation; and

8. Causing another person to be exposed to pornographic material without the person’s advance knowledge or consent.

Consent as a Defense to Claim of Sexual Assault (18 Pa.C.S. § 311):

(a)   General rule.  --The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.

(b)   Consent to bodily injury.  --When conduct is charged to constitute an offense because it causes or threatens bodily injury, consent to such conduct or to the infliction of such injury is a defense if:

   (1) the conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport; or

   (2) the consent establishes a justification for the conduct under Chapter 5 of this title (relating to general principles of justification).

(c)   Ineffective consent.  --Unless otherwise provided by this title or by the law defining the offense, assent does not constitute consent if:

   (1) it is given by a person who is legally incapacitated to authorize the conduct charged to constitute the offense;

   (2) it is given by a person who by reason of youth, mental disease or defect or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense;

   (3) it is given by a person whose improvident consent is sought to be prevented by the law defining the offense; or

   (4) it is induced by force, duress or deception of a kind sought to be prevented by the law defining the offense.

Prohibition of Retaliation

The University will not engage in nor tolerate retaliation against an individual who makes a report of sexual assault, serves as a witness, or provides information concerning an act of sexual assault. Retaliation is a serious violation of this policy.  Any acts of retaliation or threatened retaliation should be reported immediately to the Department of Campus Safety and Protection, the Dean of Students, or the Director of Human Resources.  Any person found to have retaliated against another individual in violation of this policy will be subject to appropriate sanctions.  Individuals, who believe they have been subject to any acts of retaliation or threatened with retaliation, should promptly repot the same pursuant to the complaint procedure outlined in this policy.

Options for Reporting Sexual Assault

A victim of sexual assault violence has the right to notify local law enforcement officials and to pursue criminal charges and/or to pursue disciplinary action through the University’s disciplinary system.

A victim of sexual assault is encouraged to contact the Title IX Coordinator at TitleIXCoordinator@immaculata.edu, by calling 610-644-4400, ext. 3598, or by calling Campus Safety & Protection at ext. 5555.  A victim will be  provided written information on reporting options.  The Title IX Coordinator, or his or her designee, will assist a victim in notifying local police authorities, if the victim wishes to do so.  However, a victim retains the right to decline to notify local law enforcement authorities.

Additional information on how to make a report is set forth in the Title IX Policy: Complaint Procedure in Volume II of the University Policy Manual. Again, if safety is an immediate concern, contact Campus Safety and Protection or the local police department for assistance.

What to do in the Event of a Sexual Assault

If you believe that you have been a victim of a sexual assault, misconduct, or harassment, or believe that a sex offense has occurred, you should, as soon as possible:

  • If possible, find a safe place away from the perpetrator or from any other potential danger
  • Report the incident immediately to Campus Safety & Protection  by calling 610-647-4400, ext. 5555 (on campus) or 610 854-2451 (24 hours, off campus)
  • Dial extension 5555 from any telephone on campus; or
  • Call 911 to contact local police authorities

Seek medical attention as soon as possible and preserve any evidence (do not shower, bath, eat, drink, smoke or change clothing prior to a medical or legal examination).  It is important to have a forensic medical exam to check for internal injuries, receive medication for sexually transmitted infections, discuss options for HIV and pregnancy prevention, and gather forensic evidence.  Victims can contact Campus Safety & Protection or the  Crime Victim’s Center of Chester County (24 hour hotline) 610 692-7273 for assistance.

See Resources below for additional on-campus and off-campus support resources.

Interim Protections

The University will take interim measures as necessary to prevent the complainant from being subjected to discrimination or harassment during the investigative and complaint process.  The University will take steps to ensure that any interim measures taken do not adversely affect the complainant and will provide written notice to a complainant of such options.  By way of example only, such changes may include, but are not limited to arranging for excused absences, extended periods of time to make up examinations, tutoring or changes in class schedule, placing the respondent on leave, make alternative living arrangements, or authorize other types of temporary measures to ensure the safety and well-being of the complainant and the campus community while the investigation and complaint process is pending, including but not limited to “no contact orders”.

These changes will be made regardless of whether the complainant chooses to report the crime to campus police or local law enforcement.

Resources

The University provides support to victims of sexual assault through on and off campus resources.  Caring professionals are available to discuss the individual’s options and to offer support, compassion and practical assistance. 

 Be aware of On Campus Resources that can assist you:

  • IU Counseling Services, Bruder Center, 610 647-4400 ext 3478 or ext. 3506 (After 4:30 PM please contact IU Campus Safety and Protection and they will contact the on-call counselor for you)
  • IU Campus Safety and Protection ext. 5555 (on campus) or 610 854-2451 (24 hours, off campus)
  • IU Residence Life and Housing ext. 3130 (After 4:30 PM please contact IU Campus Safety and Protection and they will contact the on-call professional for you.)
  • IU Student Health Services ext. 3500 (After 4:30 PM please contact IU Campus Safety and Protection and they will contact a member of the Student Health Services staff for you)
  • Others on campus you feel comfortable with

Additionally, be aware of Off Campus Resources that can assist you:

  • Phoenixville Hospital (610 983-1222) or Brandywine Hospital (610 383-8000).  There are specially trained nurses at these hospitals that can assist victims of sexual assault.  These are the only hospitals in our area that have the resources to provide the proper care for victims of sexual assault.
  • Crime Victim’s Center of Chester County (24 hour hotline) 610 692-7273.   Counselors on a hot line are specifically trained to help sexual assault victims and to offer confidential support and information about legal, medical, and mental health resources.  www.cvcofcc.org   

The complete Protocols for assisting a person who has experienced an incident of sexual assault are found in Appendix 7.

Confidentiality

The University respects the rights of complainant confidentiality and will honor complainants’ requests to keep reports confidential to the extent permitted by law, and to the extent consistent with the University’s obligation to investigate allegations.  Complainants are encouraged to inquire about confidentiality when seeking assistance and support from the varying offices.

The University understands and appreciates that, at times, an individual who reports an act of sexual violence or other sexual offense may wish to remain anonymous and may not wish to pursue the internal disciplinary process.  In such instances, consistent with its Title IX obligations, if the University has credible notice of a report of an act of sexual assault against a member of the University community, the University will take immediate and appropriate steps to evaluate what occurred, determine if further action is required as well as prevent any further recurrence.  Any response to such notice may be limited if the events giving rise to such notice cannot be verified by independent facts.

Under the Clery Act, federal law mandates the disclosure of certain statistics regarding sexual violence that occurs within the geographic boundaries of an institution of higher education.  Clery Act reports do not include the names of anyone involved, or any other information that identifies an individual.  In addition, consistent with applicable law, the University will take appropriate steps to protect the identity of a complainant in connection with any publicly available recordkeeping.

Consistent with applicable law, in connection with issuing a Timely Warning involving an incident of sexual violence, the University will withhold the name of the complainant.

Investigation

In cases involving potential criminal conduct, the University will determine, consistent with state and local law, whether the appropriate law enforcement agency should be notified.  A complainant has the option to file a formal criminal complaint with the appropriate law enforcement agency, to purse the University’s internal complaint process, or to pursue both processes simultaneously.  The University will proceed with its own internal investigation even while law enforcement personnel are conducting their investigation, although in certain circumstances, the University may delay its investigation if directed by law enforcement based on the belief that the University investigation may impede the criminal investigation.

Investigation procedures, including the rights of the parties during the investigation are set forth in the Title IX Policy, Complaint Procedure in Volume II of the University Policy Manual.

The standard of proof utilized during an investigation of sexual assault shall be “preponderance of the evidence”.  The investigation shall proceed in a timely manner and every effort will be made to conclude the investigation within 60 days of the University’s receipt of the complaint.

Disciplinary Proceedings and Sanctions

Any student, administrator, faculty member or staff, who after appropriate investigation, has been found to have engaged in sexual assault or other act of sexual violence as set forth in  this Policy (even if not unlawful) will be subject to appropriate disciplinary action, as set forth in the Title IX Policy, Complaint Procedure in Volume II of the University Policy Manual.  Sanctions include but are not limited to suspension or expulsion from the University or dismissal from employment.

For information on the right to appeal, please refer to Volume II, 2.1.16.6.5 Appeals

Prevention and Awareness

Immaculata University is committed to the prevention of sexual assault through a variety of educational programs and awareness activities. These include:

  1. Programming presented as part of New Student Orientation, Respect Week (during Dating and Domestic Violence Awareness Month), and Sexual Assault Awareness Month.
  2. Workshops and mandatory on-line education courses concerning sexual violence, prevention, date rape, sexual assault, and bystander intervention.
  3. Educational material disseminated throughout campus regarding dating safety, emotional abuse, sexual violence, and date rape drugs.

Risk Reduction

Risk reduction involves utilizing strategies to reduce one’s risk of sexual assault or harassment.  The Rape, Abuse, & Incest National Network, www.rainn.org provides the following helpful information on its website:

Avoiding Dangerous Situations:

While you can never completely protect yourself from sexual assault, there are some things you can do to help reduce your risk of being assaulted.

  • Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation.
  • Try to avoid isolated areas. It is more difficult to get help if no one is around.
  • Walk with purpose. Even if you don’t know where you are going, act like you do.
  • Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be.
  • Try not to load yourself down with packages or bags as this can make you appear more vulnerable.
  • Make sure your cell phone is with you and charged and that you have cab money.
  • Don't allow yourself to be isolated with someone you don’t trust or someone you don’t know.
  • Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone. 

Handling Social Situations:

While you can never completely protect yourself from sexual assault, there are some things you can do to help reduce your risk of being assaulted in social situations.

  • When you go to a social gathering, go with a group of friends.  Arrive together, check in with each other throughout the evening, and leave together.  Knowing where you are and who is around you may help you to find a way out of a bad situation.
  • Trust your instincts.  If you feel unsafe in any situation, go with your gut.  If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.).
  • Don't leave your drink unattended while talking, dancing, using the restroom, or making a phone call.  If you’ve left your drink alone, just get a new one.
  • Don't accept drinks from people you don't know or trust.  If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself.  At parties, don’t drink from the punch bowls or other large, common open containers.
  • Watch out for your friends, and vice versa.  If a friend seems out of it, is way too intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately.
  • If you suspect you or a friend has been drugged, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.).  Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others). 

The RAINN website also has other important information on safety planning, responding to pressure and computer safety.

Active Bystander

Active Bystanders play a critical role in the prevention of sexual violence and other sexual offenses.  These are individuals who observe violence or conditions that may perpetuate violence and follow the appropriate reporting procedures, such as, calling 911, informing campus safety and protection and/or University officials.  It is understandable that in many circumstances, the active bystander may be uncomfortable intervening or communicating concerns; however, conveying potential risks to individuals or the college community will help the University maintain a safe environment.  As a support to employees, the Office of the Dean of Students provides information on the role of active bystanders.  The RAINN website also has other important information on the role bystanders can play in preventing and responding to acts of sexual violence.

Title IX Reporting

Complaints of sexual assault, sexual exploitation, domestic violence, dating violence, stalking or rape or other sexual offenses can also be reported to the University’s Title IX Coordinator or a Deputy Coordinator.  The Title IX Coordinator can be reached at TitleIXCoordinator@immaculata.edu.

As stated in the University’s Notice of Non-Discrimination and Equal Opportunity, the University complies with the Title IX Educational Amendments of 1972.  Title IX prohibits discrimination on the basis of sex in any federally funded education program or activity.  Sexual harassment, which includes sexual assault and other sexual misconduct, is a form of sex discrimination.

Additional information on the University’s commitment to prohibiting sex discrimination, sex-based harassment, and sexual assault/violence is set forth in a separate policy, Title IX Policy, in Volume II of the University Policy Manual.

If a member of the University community feels that he/she has been the victim of sexual assault, domestic violence, dating violence, stalking or rape or other sexual offenses, sex discrimination, or sex-based harassment, such an individual should also report the incident to the University’s designated Title IX Coordinator at TitleIXCoordinator@immaculata.edu.

1145 King Road, Immaculata, PA. 19345
p. 610-647-4400 or call toll-free: 1-877-42 TODAY
Federal Compliance Links | Clery | Employment
Copyright ©2015 All Rights Reserved

1145 King Road, Immaculata, PA. 19345 p. 610-647-4400 or call toll-free: 1-877-42 TODAY
Federal Compliance Links | Clery | Employment
Immaculata University | Copyright ©2015 All Rights Reserved