Sexual Assault Policy

The Sexual Assualt Policy is currently under revision.

Educate Yourself and Others

 

Introduction and Policy Statement

Sexual assault is both a crime under state of Connecticut statutes and a violation of the university’s Code of Conduct. In support of its obligation to provide a safe environment, the University of New Haven has adopted this Sexual Assault Policy.

In the event of a sexual assault, it is essential that:

1. the incident be reported immediately to appropriate university officials,

2. campus authorities treat the victim with respect,

3. individuals involved be advised of their rights and options,

4. UNH officials cooperate with the victim in exercising these rights, and

5. the victim be advised of available support services and crisis centers. Sexual assault will not be tolerated. University community members charged with sexual assault shall be subject to discipline up to and including discharge from employment or expulsion from the university. Discipline of students shall be in accordance with the procedure set forth in this handbook.

Connecticut General Statutes

The university recognizes sexual assault incidents as they are defined by the Connecticut General Statutes:

1. Sec. 53a70 Sexual Assault in the First Degree (Rape)

a. The actor compels another person to engage in sexual intercourse, and

b. the actor uses force against such person or a third person, OR the actor threatens the use of force against a third person which reasonably causes such person to fear physical injury to him/herself or still another person.

2. Sec. 53a-71 Sexual Assault in the Second Degree (“Statutory rape”)

3. Sec. 53a-72a Sexual Assault in the Third Degree

a. incest

b. sexual contact with force or threatened use of force

4. Sec 53a-73a Sexual Assault in the Fourth Degree

a. unwelcome or illegal sexual contact

5. Sexual Intercourse — vaginal intercourse, anal intercourse, fellatio, or cunnilingus between persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal intercourse, anal intercourse, or fellatio and does not require emission of semen. Penetration may be committed by an object manipulated by the actor into the genital or anal opening of the victim’s body. Reference applies to CGS Sec. 53a- 65(2).

6. Sec. 5486e Confidentiality — Information regarding the name and address of victim of sexual assault shall be confidential. The name and address of the victim of a sexual assault under section 53a70, 53a70a, 53a71, 53a72a72b, or 53a73a, or injury or risk of injury, or impairing of morals under section 5321, or of an attempt thereof shall be confidential and shall be disclosed only upon order of the superior court, except that such information shall be available to the accused. Please reference the appropriate section number in the Connecticut General Statutes for a more complete explanation of the criminal laws.

Campus Protocol in Case of Sexual Assault

1. Campus Police Notification and Required Reporting – Any member of the university community made aware of a sexual assault should implement the following protocol:

a. With the victim’s knowledge and permission:

i. Regardless of the location of the incident, it should be reported to the Campus Police Department immediately. Campus Police personnel, due to their availability and training, have the proper resources and are knowledgeable of the appropriate channels to assist the victim.

ii. It is essential that the victim not wash, bathe, shower, douche, or change clothing before medical treatment is provided.

iii. It is also essential, in order to see the case through to a successful conclusion, that evidence be preserved. Ensure that the physical scene of the assault, i.e., room, car, etc., not be altered, cleaned up, or disturbed in any way.

iv. The Campus Police Department will follow standard reporting procedures of the state of Connecticut. NOTE: Disclosure of the name and address of a victim of sexual assault is prohibited by section 5486e of the Connecticut State Statutes.

b. Should the victim not wish to give permission to implement the above protocol steps, the employee must report the incident to Campus Police without identifying the victim or alleged perpetrator, stating that the victim refused to give permission to implement the above protocol steps. This report is for informational purposes and serves to keep the university aware of the occurrence of such incidents.

c. Residential Life staff, in addition to reporting such incidents to Campus Police, are required to make reports as follows:

i. Resident Director or Resident Assistant to the Director of Residential Life.

ii. Director of Residential Life to the Dean of Students.

2. Medical Attention

a. It is very important for the victim to obtain medical care following a sexual assault, not only to provide for the victim’s physical and mental well-being but also to document and collect physical evidence of the assault. Semen samples taken within 72 hours of the assault can be used as evidence in court.

b. If the assault just occurred, the victim should seek immediate treatment at an emergency room or from a private physician. If possible or requested by the victim, the victim should be accompanied to the hospital by a professional university staff member, a friend, or a family member.

c. Medical attention is necessary, even if it was not a recent assault, in order to check for possible internal injury, pregnancy, or sexually transmitted diseases.

  d. The police agency to which the incident has been reported will arrange for transportation to a medical facility when required or requested.

3. Crisis/Advocacy Service and Ongoing Psychological Support

a. As serious psychological trauma is a common result of a sexual assault, ongoing psychological support for the victim is essential, allowing such an individual to move from being a “victim” to being a “survivor.” Often, psychological support for family, partners, or close friends of a sexual assault victim is also necessary.

b. Advise the victim to contact the following for crisis services, advocacy, and support:

Rape Crisis Center of Milford, Inc.

70 W. River Street , Milford, CT 06460

(203) 878-1212, 24-HOUR HOTLINE

University Health Services

Sheffield Hall, lower level

(203) 932-7079

University Counseling Services

Sheffield Hall, lower level

(203) 932-7332

c. The employee who received the report should follow up with the victim over the next few days and weeks, primarily to encourage use of one of the above or similar resources as a support system. Any unusual behavior, such as prolonged absence from campus, lack of attention to schoolwork, etc., should be discussed with the victim in an effort to ensure needed support.

d. The person doing follow-up is not expected to be the victim’s sole support system and should, if necessary, make appropriate referrals or ask for guidance in dealing with the situation from the appropriate crisis center. Once a support system is established, the employee should feel comfortable in disengaging.

4. Offices Protected by Laws Regarding Confidentiality – Individuals working in the offices of the University Counseling Center, Affirmative Action, and University Health Services are protected by laws regarding confidentiality and should implement the following protocol:

a. If there are other factors which clearly endanger the physical and/or mental well-being of the victim, UNH Counseling, Affirmative Action, or Health Service staff members, using their professional judgment, may determine to immediately report an assault to Campus Police.

b. In other cases, the following protocol should be followed:

i. The victim should be strongly advised to seek medical treatment as described in Protocol section 2 above. The victim should also be referred to appropriate advocacy and psychological support services as described in section 3 above.

2. The counselor or other employee should encourage the victim to report the assault to the appropriate police department. The employee should make sure that someone is available to accompany the victim if he/she desires.

3. If the assault involved a student, the counselor or other employee should encourage the victim to report the assault to the Dean of Students to acquire information regarding campus disciplinary procedures. The employee should make him/herself available to accompany the victim if he/she desires. The employee may also get the victim’s permission to report the incident for him/her. This permission must be in writing.

4. If the assault involved a student and the victim does not give permission to report the incident, the counselor or other employee should make an informational report describing the incident WITHOUT identifying the victim to the Dean of Students.

5. The Dean of Students will subsequently make informational reports to:

a. Campus Police Department

b. The Director of Residential Life (if the assault happened in a residence hall).

Crisis Services

1. For the Victim – Advise the victim to contact one of the following for crisis services, advocacy, and support:

a. University Counseling Center, Sheffield Hall, lower level, 932-7332

b. Campus Police Department, lower level of Campus Store, 932-7014

c. University Health Services, Sheffield Hall, lower level, 932-7079

d. Rape Crisis Center of Milford, Inc.

70 W. River Street,

Milford , CT 06460

(203) 878-1212, 24-Hour Hotline

2. For the Accused – If the accused is:

a. A student—the Dean of Students’ Office is available to inform the accused of legal and other appropriate off-campus resources.

b. Any other university community member—a representative of the Human Resources Department is available to inform such accused of legal and other off-campus resources.

NOTE: Members of the university community, including members of the Internal Crisis Team, may elect to assist the victim or the accused involved in a sexual assault incident. However, such individuals should recognize that they are not authorized to speak on the university’s behalf regarding such incidents.

In addition, employees should be familiar with Connecticut Law Substitute House Bill No. 5921—an Act Concerning Campus Safety, which states: “No administrator of an institution of higher education shall interfere with the right of a student or employee of such institution to file a complaint with the state police, local police department, or special police forces established pursuant to section 10a142 of the general statutes concerning crimes committed within the geographical limits of the property owned or under the control of such institution.”

Communication of Policy and Education of University Community

This policy is noted in a brochure on Safety and Security distributed to all new students, faculty, and staff members and to all other relevant individuals. Copies of this policy are available for distribution to all relevant persons through the offices of the Associate Provost for Student Affairs and Dean of Students, and Residential Life.

Introduction & Philosophy

Sexual harassment, whether it be physical or non-physical, verbal or nonverbal, is a violation of Title VII of the Civil Rights Act of 1964, and of Title IX of the Higher Education Amendment of 1972, which prohibits sex discrimination. Therefore, it is illegal under the 1980 guidelines of the Equal Employment Opportunity Commission, and it violates the Sexual Harassment Policy of the University of New Haven.

In fulfilling its obligation to maintain and promote a positive and productive learning and work environment, UNH is committed to the philosophy that all community members should enjoy an environment free of sexual harassment. The university’s Sexual Harassment Policy is a component of the Affirmative Action Plan which is administered by the Affirmative Action Officer of the university.

Definition

Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature constitute sexual harassment when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of student or employment status, or

2. submission to or rejection of such conduct by an individual is used as the basis for academic and/or employment decisions affecting such individual, or

3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work/academic performance or creating an intimidating, hostile, or offensive environment.

Complaint Procedure

Any member of the UNH community who believes that he or she has been subjected to sexual harassment may initiate a complaint, formal or informal, by contacting the university’s Affirmative Action Officer. In the case of sexual harassment complaints against students, individuals may have recourse to:

1. the procedures of the student disciplinary system, which is maintained in the Office of the Dean of Students, or

2. the procedures described in the UNH Affirmative Action Plan, which is maintained in the office of the Affirmative Action Officer.

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