Response to Sexual Assault and Harassment
Sexual assault is a serious violent crime. It is a crime of hostility and aggression, as well as a violation of human dignity. Sexual assault is also a very sensitive crime which is unique in its physical and mental impact upon the victim. When it occurs at Spalding University, it is also a flagrant violation of University policy, standards of the learning community and the honor code.
The Spalding University learning community is based on compassion and expects its members to treat other persons with respect and dignity. The university will not tolerate any form of sexual assault or sexual misconduct.
Sexual activity of any kind should be explicitly agreed upon by all parties involved BEFORE moving forward with the activity. Consent is defined as informed, freely and actively given, mutually understandable words or communication. A person has the right AT ANY TIME during the sexual encounter to say “no” to sexual activity and trust that it will be respected and the activity ceased. Verbal communications of nonconsent, nonverbal acts of resistance or rejection, or mental incapacitation of the victim due to any cause including the victim’s use of alcohol or drugs constitute a lack of consent.
The same holds whether the assailant is a stranger, an acquaintance or a friend/dating partner. The use of alcohol or drugs will not be accepted as an explanation for the actions of any person charged with the violation of this policy. In addition, the use of alcohol or other mind-altering substances by either party does not have to be known by both parties for the offense to be considered sexual assault or sexual misconduct.
Wanton, unacceptable conduct will be addressed severely for the good of the students and the academic community.
Students who violate this policy will be disciplined under the University’s Honor Code and may be prosecuted under Kentucky’s criminal statutes. Whether or not a criminal prosecution occurs, Spalding retains the right to proceed with disciplinary action at any time, and the University need not await the dispensation of any such criminal prosecution. Appropriate disciplinary action may include counseling, educational sanctions, disciplinary probation, suspension, expulsion, and referral to the proper law enforcement authorities for prosecution.
In keeping with the university's commitment to fostering a safe and compassionate environment the following positions have been designated as mandated reporters and are required to report any and all allegations of sexual misconduct, harassment or assault to the Title IX Coordinator.
- All Faculty
- All Dean, Chairs or Program Directors
- All Coaches and Coaching Staff
- All Staff (including Resident Assistants and Graduate Assistants who do not have a privilege of confidentiality)
- All Administrators
Employees with a legal obligation or privilege of confidentiality (including health care providers, counselors, lawyers, and their associated staff) are not considered Mandated Reporters and are not required to report when the information is learned in the course of a confidential communication.
This also means that the employee seeking the exemption is employed by the University for that specific purpose and was acting in that capacity when the confidential disclosure was made e.g., a social worker or psychologist teaching a class is in the role of professor for the student and NOT in the role of the student's therapist regardless of certifications or licenses held. If the information is not learned in the course of confidential communication context such as counseling or the provision of direct healthcare (for example, during an academic advising appointment or classroom discussion) then the employee has the same obligation as a Mandated Reporter.
Emotional Trauma can be severe after a sexual assault or misconduct. The violation, loss of trust, and loss of control can have a serious long-term impact. It is not unusual for a person to withdraw, feel guilty or distrustful. However, there are many people who understand and places where support is available while one is recovering. The University Counseling Center is the best on-campus resource for students.
Medical attention is critical. Even if the victim ultimately decides not to report the assault, it is still very important to seek immediate medical attention for possible internal injuries or sexually transmitted diseases. Also, the collection of medical evidence becomes critical in the event of prosecution. Therefore, it is important to seek medical attention promptly and to refrain from:
- Taking a shower or washing any part of the body;
- Brushing teeth;
- Drinking liquids;
- Changing clothes or changing sheets before seeking medical help; and
- Putting anything in the mouth (gum, cigarettes, mints).
A particularly well-equipped emergency room with a Sexual Assault Response Team is located at University of Louisville Hospital. At the Emergency Room, the doctor will collect hair samples, semen samples, and other evidence, including clothing. A victim should bring a change of clothing to wear home. The police will be contacted to take possession of the samples until the victim decides whether or not to press charges.
University of Louisville Hospital
530 S. Jackson St.
Louisville, K Y 40202
Counseling is a very important step in helping someone who has been sexually assaulted regain control of his/her life. Sexual assault is an extremely traumatic experience that needs professional attention. The University urges students involved in a sexual assault to meet with a counselor. Among other things, counselors can help victims decide what further steps may be taken following an assault.
The best resources are the Center for Women and Families and the Spalding Counseling and Psychological Services Center.
Note to Friends, Faculty, and Staff If someone who has been sexually assaulted comes to you, encourage the person to report the incident, seek medical attention, and pursue counseling. If the victim will not report the offense, anyone with knowledge of the assault may inform the Dean of Students and/or the University Counseling Center that a sexual assault has occurred.
In compliance with the Campus Security Act and the Higher Education Amendments of 1998, Spalding University annually publishes statistics on campus crimes, including reported sex offenses. These statistics are located on the Student Consumer Information page.
To foster awareness of sex offenses, unhealthy relationships, and victims’ options, and to promote responsible behavior, Spalding University offers educational sessions through Student Development & Campus Life comprised of representative from the following areas: Campus Safety, Residence Life, Counseling Services and the Dean of Students Office. These programs are offered to Spalding University students, faculty, and staff on an ongoing basis. Additional programs are offered specifically to residential students.
Students are encouraged to report incidents sexual misconduct, harassment or assault. Any member of the University community who attempts to interfere, restrain, coerce, discriminate against, or harass (whether overtly or covertly) any individual responsibly pursuing a complaint of sexual misconduct, harassment or assult will be subject to prompt and appropriate disciplinary action through the appropriate policy e.g., Honor Code, Faculty Handbook, Staff Handbook.
Sexual Harassment Policy
Sexual harassment will not be tolerated in the University community. It subverts the mission of the University and threatens the well-being, educational experiences, and careers of students, faculty, and staff. It is especially threatening in the context of a teacher-student or supervisor-supervisee relationship, in that it can exploit the power inherent in the position of teacher or supervisor regarding grades, recommendations and success in a program. Any member of the student body of the University who believes that he or she has been or is being subjected to sexual harassment should consult with the Dean of Students/Title IX Coordinator.
Sexual Harassment and Assault Procedures
To learn more about the process for reporting an incident of sexual misconduct please visit the Spalding University Title IX page.
Sexual harassment is a matter of grave concern for both the complainant and the accused; therefore, all procedures designed to deal with sexual harassment should be handled with the utmost sensitivity. All mediations/resolution procedures, as well as formal grievance procedures, shall be held in strict confidence to reasonably insure the privacy of all parties concerned (complainant, accused, and witnesses, if any) and to offer as much protection of the careers and reputations of the parties involved as possible.
Students are encouraged to express their feelings in a responsible manner regarding a problem of sexual harassment. Any member of the University community who attempts to interfere, restrain, coerce, discriminate against, or harass (whether overtly or covertly) any individual responsibly pursuing a complaint of sexual harassment will be subject to prompt and appropriate disciplinary action through the appropriate policy e.g., Honor Code, Faculty Handbook, Staff Handbook.
False and Malicious Charges
The use of this policy for false or malicious purposes is strictly prohibited. Any student who exercises bad faith and brings a false, malicious charge of sexual harassment against another member of the University community will be subject to appropriate disciplinary action.
Dissemination of Policy
It is the responsibility of the Director of Human Resources to distribute the sexual harassment policy to all employees within their respective areas. The Title IX Coordinator will make the policy available to all students as may be appropriate during orientation and registration periods.