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 Complainant . 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 AN Y 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 Complainant due to any cause including the Complainant ’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.
Process for Reporting an Incident
This policy outlines options for a student who believes they may have been or currently are a Complainant of sexual misconduct by a student, University visitor, or employee within the University community. Sexual misconduct offenses include, but are not limited to: sexual harassment; sexually abusive contact sexual exploitation; or stalking.
Any member of the Spalding community may report an incident directly by using the online incident reporting system via the portal or this link.
Student sexual misconduct falls under the guidelines of the Honor Code and should be referred to the Dean of Students Office at 873-4488.
For complaints against employees, contact Human Resources at 873-.
For complaints against a University visitor, contact Campus Safety at 873-4444.
In an emergency situation, students should contact Campus Safety at 873-4444 or call 911.
Students are always encouraged to report incidents of sexual assault or any act of violence to the Louisville Metro Police Department by calling 911.
When an allegation of misconduct is brought to the attention of a University official and a student is found to have violated the Code of Student Conduct, sanctions will be issued.
An Honor Code violation is not required in order to provide certain accommodations for the student reporting the concern. Possible remedies include but are not limited to the following: "No Contact" orders; possible changes to academic or living situations as appropriate; counseling services, escort services; medical services; academic support services; and notification of right to file complaint with local law enforcement.
If it is found that a violation of the policy prohibiting sexual misconduct has occurred, the University will take prompt and effective steps to end the sexual misconduct, prevent its recurrence, and address its effects. This policy was developed to outline student expectations, reporting options, and resources.
A person who receives a complaint is required to provide information regarding the University's policy on sexual harassment, sexual violence and sexual assault; complaint resolution procedures; and offer options for addressing a complaint.
The University may recommend interim steps as deemed necessary to protect the safety, well-being, and privacy of the complainant, respondent, and any other member of the University community who may be directly or indirectly involved.
The University will take immediate steps to end the sexual misconduct, prevent recurrence or retaliation, and correct any effects on the complainant or those involved in the complaint process.
Sexual misconduct is a more comprehensive term that includes forcible and non- forcible sex offenses, but is not limited to: rape, sexual assault, indecent exposure, obscene phone calls, sexual abuse, forcible fondling, sexual battery, conduct that contributes to sex offenses, as well as attempts to perform such acts. Verbal consent to any form of sexual activity by both parties, without force, threat of force or intimidation, or coercion is required. Sexual acts against a person who is unconscious, sleeping, or otherwise unable to give consent are prohibited. Acts of complicity (e.g. spiking drinks, getting someone drunk for the purpose of committing a sex offense, being a silent bystander, etc.) also violate the policy.
Sexual Misconduct Offenses May Include But Are Not Limited To:
Reporting a Sexual Misconduct Complaint
The purpose of reporting a complaint is to inform the University that sexual misconduct may have, is, or may be occurring, and to provide information sufficient to identify the parties involved. Any person with knowledge of sexual harassment can report the information to any of the following:
Title IX Administrator and Coordinators
Richard Hudson, Ph.D., LPCC
Dean of Students and Title IX Coordinator
Egan Leadership Center, Room 302
Time Period for Filing a Complaint
Prompt reporting of a complaint to a University Official is strongly recommended to allow rapid response and resolution. It is recommended that the complaint be filed within one hundred eighty days (180) of the incident. However, in its discretion, the Dean of Students Office may investigate any allegation of sexual misconduct brought to its attention.
Interim Protective Orders
The University owes a duty to care for the students within its charge and, for this reason, must make every effort to ensure the safety and well-being of all students. When a report has been filed and both parties have been informed of the charges, the University may remove the alleged assailant from his or her living arrangement, pending the hearing. This may include moving students to different residence halls or having a student reside at home or off campus if possible for the duration of the investigation/hearing.
In addition, the Dean of Students /Title IX Coordinator or his/her designee may issue an interim "no contact" order to help ensure that the Complainant is not harassed by the alleged assailant. All forms of contact between the alleged Complainant and assailant will be prohibited. Harassment by either party or their acquaintances will also be prohibited. Such interim measures will be in effect through the end of the student conduct hearing process, and may be extended after the hearing at the Dean of Student’s and/or Honor Board’s discretion.
When the Complainant and the alleged assailant in a sexual misconduct case live in campus housing, alternative living arrangements for the Respondent and/or the Complainant may be made when reasonably available and if so requested by the Complainant . Unless requested by the Complainant , the alleged assailant will, most likely, be the one to move as the Complainant can be further Complainant ized by having to move.
Should the Complainant and alleged assailant be enrolled in the same class, alternative class assignments may be made when reasonably available, and if requested by the Complainant .
Informal Complaint Resolution
The primary goal or objective of informal complaint resolution is to stop the behavior and resolve the conflict. While informal complaint resolution is underway an informal complaint may advance to formal complaint resolution at any time. There are several options available in resolving a complaint through informal complaint resolution:
Another option is the complainant may submit his or her complaint in writing to the person(s) who offended him or her. The written complaint should include three elements:
A person who acts as a mediator under these guidelines is required to submit a written report of the incident and any action taken to the Dean of Students Office.
Resolution at this level may include, but is not be limited to, an agreement in which one or more of the parties involved agree(s) to seek counseling or accept disciplinary action, or any other such action as may be warranted by the circumstances of each case and as determined by the Dean of Students Office.
If there is no mediated solution after 10 days, or if the respondent does not comply with the mediated solution, formal complaint resolution may be initiated. If the complainant does not wish for a formal resolution, the Dean of Students Office will take that feedback into consideration before determining if a respondent should be charged with violating the Code of Student Conduct.
The Dean of Students Office shall determine whether any action should be taken in response to the report. The Dean of Students Office will inform the respondent within five (5) University business days of notification that an informal complaint has been filed and the nature of the complaint. This option may allow the complainant to maintain anonymity.
The complaint may at any time file a formal complaint that the student respondent should be charged with violating the Code of Student Conduct.
Formal Complaint Resolution The complainant may file formal allegations that the respondent student violated the Honor Code at the onset, or if the outcome of informal complaint resolution was not satisfactory, either party may elect to proceed directly to formal complaint resolution. While informal complaint resolution is underway, an informal complaint may advance to formal complaint resolution at any time.
During a formal complaint resolution process, the University will conduct an adequate, reliable, and impartial investigation. The formal complaint resolution requires that the complainant submit the complaint in writing (letter, statement, and/or email) to the Dean of Students Office. Upon receipt of the complaint, an investigation will be initiated.
Rights of Complainant s
The Complainant ’s rights include, but are not necessarily limited to, the following:
Rights of Accused
The rights of the Respondent include, but are not necessarily limited to, the following:
Student Conduct Procedures for Allegations of Sexual Misconduct
Refer to the Community Standards and Obligations section of the Student Handbook for a complete outline of the student conduct procedures. The adjudication of sexual misconduct cases is complicated by several factors including: the nature of the offense; the fact that the alleged Complainant and perpetrator may know one another, have classes together, or live in the same residence hall, apartment complex, or living unit; the event may have occurred sometime before it was reported, and, in some cases, the use/abuse of alcohol or drugs by either or both individuals. Both the accuser and the Respondent shall be informed of the outcome of any campus student conduct proceeding alleging a sex offense. However, in accordance with the provisions of the Family Educational Rights and Privacy Act, the Complainant must be informed that the information provided may not be shared with any other person without the assailant’s signed written consent.
Purpose and Scope of the Investigation
The formal complaint resolution begins with an investigation of the facts. This fact-finding process is completed as expeditiously as possible. The Dean of Students Office generally allows 45 University business days to process the complaint. The Dean of Students may extend the amount of time needed to process the complaint as deemed necessary, upon notice to both parties.
The investigative process is an internal University process; therefore, it is not open to persons, including counsel from outside of the University community. However, the complainant and respondent may meet with internal and/or external advisors, including counsel from outside the University community, throughout the process.
In addition to interviewing the complainant and respondent, the investigator may interview witnesses as provided by the complainant, respondent, and/or anyone whom he or she feels may offer relevant information. Additional information may also be gathered, such as records and documents deemed necessary.
Information of prior sexual misconduct and/or sexual harassment of the respondent may be considered, but prior sexual activities of either the respondent or the complainant, which are not relevant to the current issue, will not be permissible.
Upon completion of the investigation, a case summary report will be completed in order to document the scope of the investigation as well as a determination (based on the preponderance of the evidence) of whether the evidence supports the allegation(s) of the complaint. These confidential findings will be submitted to the appropriate administrator(s) to render any disciplinary action (as appropriate) that is deemed necessary. The complainant as well as the respondent will receive a copy of the findings.
The University reserves the right to investigate inappropriate activities or behaviors even in the absence of an allegation brought forward by an individual.
Guidelines for the Respondent
If you are a person Respondent of sexual misconduct (respondent), the complaint should be taken seriously and, where applicable, any offending behavior should cease immediately. You should not retaliate against the complainant or have others retaliate against the complainant on your behalf. You should document your version of the alleged incident. You should include the date and name of any person who may have been involved in the alleged incident. You should include the name of any person who may have witnessed the alleged incident or who may have overheard the alleged incident. You should document any conversations or communications regarding the alleged incident or conduct of which you are accused.
Clarification of Consent
In order for individuals to engage in sexual activity of any type, there must be consent prior to and during sexual activity. The Code of Student Conduct defines consent in the following way:
"Consent means freely given agreement by a competent person. A person is deemed incompetent to give consent when that person is under such an incapacitation that he or she does not appreciate the nature of the consent, or if the person is a minor."
Consent to an act of sexual activity will not be automatically taken as consent to any other act of sexual activity. "No" always means "No." Failure to say "No" cannot be interpreted as "Yes." Silence without clear actions demonstrating permission will not be assumed to indicate consent.
Incapacitation is a state in which a person cannot make rational, reasonable decisions because he or she lacks the ability to give knowing consent (i.e., to understand the "who, what, when, where, why or how" of his or her sexual interaction). Incapacitation also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the effects of alcohol or other drugs.
Because alcohol or other drug use can place the capacity to consent in question - sober sex is less likely to raise concerns. When using alcohol or other drugs, a person may be considered unable to give consent. Likewise, consent can become less clear when the following occurs: an attempt to coerce an unwilling person into a sexual activity; repeatedly subjecting a person to unwelcome sexual attention; or punishing or retaliating against a person for a refusal to consent to sexual conduct. Conduct alleged to be sexual misconduct will be evaluated by considering the totality of the particular circumstances, including the, frequency, intensity, isolation or duration of the questioned behavior.
Jurisdiction and Standard of Proof
Jurisdiction (or Inherent Authority) and Standard of Proof are described in the Honor Code.
The University reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. The Code applies to incidents that take place on University premises or at University-sponsored activities.
The Dean of Students or designee may determine that acts prohibited by the Code, but not committed on University premises, could also be grounds for disciplinary action. Such action will be taken if a student acts in a way that substantially interferes with or endangers the University community, or for behavior with significant potential to disrupt the educational environment. Such acts include, but are not limited to, drug trafficking, hazing and acts or threats of violence against persons.
STANDARD OF PROOF
The standard of proof for incidents of non-academic misconduct is a preponderance of evidence. Preponderance of evidence is defined as information that a reasonable person would find persuasive or more likely than not to have occurred. The technical rules of evidence applicable to civil and criminal cases shall not apply when resolving incidents as outlined in the Honor Code
Title IX Mandatory Reporters at Spalding University Include the Following:
Some forms of harassment and discrimination may violate federal and state laws, and a complainant or respondent may choose to contact the following agencies regarding their complaint:
Kentucky Commission on Human Rights
332 W. Broadway, 7th Floor
Louisville, KY 40202
Phone: (502) 595-4024 or 1-800-292-5566
Federal Equal Employment Opportunity Commission
600 Dr. Martin Luther King, Jr. Place
Louisville, Kentucky 40202
Privacy, and Reporting Students should be aware of confidentiality, privacy, and mandatory reporting requirements in order to make informed choices.
If one desires that details of the incident be kept confidential, the resources listed below are appropriate. In addition, members of the clergy and chaplains are allowed by law to keep reports confidential. However, seeking support from any of these resource organizations is not considered an official report of sexual violence, sexual misconduct, intimate partner violence, sexual harassment, sexual exploitation or stalking to the University, but the individuals at these resource organizations can help facilitate a report and advocate for a Complainant .
One may seek advice from certain individuals who are not required to tell anyone else private, personally identifiable information unless there is cause or fear for your safety or the safety of others. These are individuals whom the University has not specifically designated as "responsible employees" for purposes of putting the institution on notice and for whom mandatory reporting is not required, other than in the stated limited circumstances, such as statistical reporting for the Clery Act (see federal statistical report obligations on Pg. 10).
Counseling and Medical Resources
Student Counseling and Psychological Services Center
Egan Leadership Center, Suite 300
email@example.com In the community: Center for Women and Families Crisis Line: (877) 803-7577
927 South 2nd Street
Louisville, Kentucky 40201 Sexual Assault Nurse Examiner (SANE) (502) 562-4064 In Jefferson County, most examinations that include the collection of evidence (sexual assault, sexual misconduct, intimate partner abuse) are performed by the Louisville SANE Program at one of their two locations:
University of Louisville Hospital
Emergency Room (502) 562-4064
530 South Jackson Street
Louisville, KY 40202
Center for Women and Families SANE Clinic (502) 581-7200
921 South 2nd Street
Louisville, KY 40201
All emergency rooms in the Commonwealth of Kentucky are authorized and required to provide service. These services can be provided by a physician, sexual assault nurse examiner, or another qualified medical professional.
For a complete list of prohibited student conduct, all students should familiarize themselves with the Honor Code of Spalding University.
Federal Statistical Reporting Obligations
Certain campus officials have a duty to report sexual misconduct for federal statistical reporting purposes such as the Clery Act. All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus; in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.
Federal Timely Warning Reporting Obligations
Complainant s of sexual misconduct should also be aware that University administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The University will make every effort to ensure that a Complainant 's name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed at the end of the above paragraph.
Kentucky Law Requiring Mandatory Reporting
Kentucky law requires that any person who suspects that a minor child (under 18) is the Complainant of abuse or neglect must immediately contact a local law enforcement agency or other agency authorized by statute. KRS 620.030. The University Police Department (852-6111) constitutes a local law enforcement agency for purposes of Kentucky's mandatory reporting law for child abuse and neglect. Failure to report suspected abuse may result in criminal charges and/or disciplinary action.
Kentucky law also requires that any person who suspects that a person is a Complainant of spousal abuse must also immediately report this information to the appropriate agency. KRS 209A.030.
The purpose of the following material is to provide information and assistance to Complainant s of sexual assault and sexual misconduct, and persons who may come in contact with a Complainant . The University encourages reporting all incidents of sexual assault or misconduct to Campus Safety and/or the Dean of Students. On-campus sexual assault or sexual misconduct should also be reported as quickly as possible to a campus resource person.
Making decisions and regaining control are important to the healing process after an offense. The choice of how to proceed after the assault belongs largely with the Complainant .
The following are a number of factors to consider.
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 Complainant 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;
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 Complainant should bring a change of clothing to wear home. The police will be contacted to take possession of the samples until the Complainant makes a decision about 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 Complainant s decide what further steps may be taken following an assault. The best resources are the Center for Women and Families and the University Counseling 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 Complainant 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.
To foster awareness of sex offenses, unhealthy relationships, and Complainant s’ options, and to promote responsible behavior, Spalding University offers educational sessions through Student Development & Campus Life comprised of representative from the following areas: 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.
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 .
Definition of Sexual Harassment Prohibited Actions
It is a violation for any member of the University community to engage in sexual harassment. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made:
Examples of Sexual Harassment
Any sexual attention that is unwelcome could constitute sexual harassment. Specific acts of sexual harassment include, but are not limited to:
Inadvertent and Isolated Offenses
A member of the University community who exhibits a singular or isolated act of conduct expressed in the above cited example number 4 may simply lack the sensitivity to know that these actions or statements are creating discomfort or may be humiliating to others. Any member of the University community who becomes aware of such activity is encouraged to caution the individual directly about the questionable conduct in a discreet and confidential manner.
The underlying philosophy of this student sexual harassment policy is one of correction rather than punishment, although specific sanctions, depending on the nature and severity of the incident(s), ranging from a letter of reprimand, suspension, termination of campus employment, or expulsion are possible outcomes if the formal grievance procedures of the University are invoked. Nevertheless, the guiding principles of this policy are to:
The University has established mediation and resolution procedures in order to respond immediately to a sexual harassment complaint and investigate it fully. The procedure is designed to mediate and resolve such complaints promptly and fairly. Similarly, a formal grievance structure for handling complaints that cannot be resolved through mediation is also available. In general, any individual with supervisory authority who obtains knowledge of an incident of sexual harassment occurring within his or her area is expected to take the proper steps immediately to address the situation.
SEXUAL HARASSMENT MEDIATION & RESOLUTION PROCEDURES
Step 1- Unofficial
It is often the case that a student of the University, believing that he/she may be experiencing a form of sexual harassment, will attempt to resolve the situation on one’s own, or consult with another individual within the University community. The Dean of Students /Title IX Coordinator can assist students seeking unoffical resolution by assigning a member of the Student Development & Campus Life team to act as an advisor to the student. With the aid of the advisor, the individual may attempt to resolve the situation in an informal and unofficial manner. The advisor, acting with discretion and in confidence, may assist the individual in reviewing the situation in the context in which it occurred, aid the individual in identifying the problem, and review the options for resolution that are available.
Step 2- Official
If the matter cannot be resolved through the unofficial, informal method cited in Step 1, or if the student chooses not to obtain the help of an unofficial advisor, the complainant may file an official complaint with the Dean of Students./Title IX Coordinator.
The role of the Dean of Students /Title IX Coordinator will be to fact-find, mediate, and resolve the complaint, if possible. The Dean or his/her designee will handle complaints independently and follow these procedures:
If the matter has been resolved through mediation, and no further incident occurs regarding the Respondent individual within this period, the record will be destroyed. After a successful mediation, if the behavior is reported as continuing, the record will be retained and can be made available to the appropriate formal grievance body. If the matter has not been successfully mediated and either party wishes to proceed with formal grievance procedures, the official University resource per- son will submit the record of the attempted mediation to the formal grievance structure to be utilized in the particular case.
In as much as a formal grievance procedure is expected to be used as a last resort, it is assumed that all efforts to resolve the complaint through the mediation and resolution procedures cited above have been conducted. Formal grievance procedures for students are found in the Honor Code section of the Student Handbook and Student Grievance section of the University Catalog. If the alleged perpetrator of harassment is a faculty or staff of the university then Human Resources is informed and the relevant policy of the Faculty or Staff Handbook applied.
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 all employees within their respective areas. The Dean of Students/Title IX Coordinator will make the policy available to all students as may be appropriate during orientation and registration periods.