The purpose of this procedure is to ensure that victims of sexual assault receive necessary services and assistance. This procedure includes guidelines for reporting sexual assault, victims rights, privacy rights, resources for victims of sexual assault, and sanctions for staff and students who violate the College’s Sexual Misconduct policy.
Applicability. This procedure applies to situations where the alleged victim is a college student and the alleged assault occurred on college property; or where the alleged perpetrator is a college student, faculty or staff member regardless of where the alleged sexual assault occurred.
Reporting Sexual Assault
Any student or staff member who reports a sexual assault to Public Safety or the Title IX Coordinator will receive assistance in contacting a specific law enforcement agency. Public Safety will also provide security to victims while awaiting law enforcement assistance. Any student or staff member who feels they are a victim of any form of sexual assault is strongly encouraged to report this immediately to a law enforcement agency such as the Eugene Police Department, Lane County Sheriffs Department, or other appropriate law enforcement agency.
In addition to filing a complaint with a law enforcement agency, victims of all forms of sexual assault under this policy may contact the College’s Title IX Coordinator, Jerry DeLeon, at firstname.lastname@example.org or (541) 463-5870, Building 1, Room 202.
Complaints of unwanted sexual contact that do not rise to the level of assault should be handled through the College's Sexual Misconduct, Sexual Harassment and Gender-Based Discrimination Complaint Process.
The Complaint Procedure provides for a complaint resolution. Complaints may be filed with the Title IX Coordinator.
Notice to Persons Who Report a Sexual Assault
Each alleged victim who reports a sexual assault to the college will receive a written notice that includes the following information:
1. Victims Rights Sexual Assault Victims/Survivors Rights
Sexual assault victims/survivors have the following rights:
- To be free from any suggestions that victims must report the crimes in order to be assured of any other right provided under this procedure and to have any allegations of sexual assault treated seriously;
- To be treated with dignity;
- To be free from any suggestion that victims are responsible for the commission of crimes against them;
- To be free from pressure from campus personnel to:
- Report crimes if the victim does not wish to do so,
- Report crimes as lesser offenses than the victim perceives the crime to be,
- Refrain from reporting crimes,
- Refrain from reporting crimes to avoid unwanted personal publicity.
- To be notified of existing campus and community-based medical, counseling, mental health and student services for victims of sexual assault whether or not the crime is formally reported to campus or civil authorities;
- To have access to campus counseling under the same terms and conditions as apply to other students in their institution seeking counseling; and
- To be notified of options for changing their academic situation and other interim measures.
Accuser and accused must have the same opportunity to have others present at any hearing.
2. Legal Options Available
Criminal legal options
Acts of sexual misconduct prohibited by College policy may also be a crime. While the College uses different standards and definitions than law enforcement, sexual misconduct often overlaps with the crimes of rape, stalking, sexual harassment and assault and domestic or dating violence.
Legal options for victims who report a crime to law enforcement include-
- Victims have the right to file a criminal complaint, go to court and ask for a restraining order for protection against stalking and domestic, dating and repeat violence.
- The restraining order may include requirements that-
- Restrain the abuser from any contact or further acts of abuse
- Direct the abuser to leave the household
- Prevent the abuser from being within 500 feet of the victim’s residence, school or place of employment
- Award temporary custody of minor children
- Direct the abuser to pay support to the victim and the minor child or children if the abuser has obligation to do so
Civil legal options
Individuals do not need to report a crime to request a restraining order, sexual abuse protective order or stalking protective order. See list of resources for contact information.
Those who believe their education institution has discriminated against them or someone else, or failed to follow Title IX laws, can file a complaint with the Department of Education, Office of Civil Rights (OCR).
A victim may also seek monetary damages through a civil lawsuit. A civil suit may be against the offender or others considered in some way responsible for the crime. Victims should seek the advice of a lawyer regarding their claims.
In addition, employees who are victims of domestic violence may be eligible for protected leave under the Family Medical Leave Act (FMLA) or Oregon Family Leave Act (OFLA). Individuals may also seek housing assistance, name and identity protection, as well as address confidentiality.
Campus-based disciplinary procedures
Sanctions or discipline resulting from a complaint reported under these procedures will be applied only after the complaint has been fully investigated and the College determines that either a violation of a College policy has occurred or there is a need for corrective action to stop or remedy the effects of inappropriate sexual behavior.
Student sanctions may include:
- official written warning;
- restitution as compensation for damages caused;
- required community service;
- imposition of a fine;
- required counseling, substance abuse screening, other behavioral requirements;
- denial of specific student privileges;
- being placed on probationary status;
- banning from campus;
- withdrawal of a degree.
Employee disciplinary actions may include:
- official verbal warning;
- letter of reprimand;
- just cause discipline, including, suspension, demotion and/or termination.
3. Services Available
Campus Based Services:
Education and Assistance
Information and assistance to advise and assist victims/survivors of these offenses is available through the following college offices, which also are available to present educational and risk-reduction programs for staff and students.
Victims of rape or any form of sexual assault are strongly encouraged to seek immediate medical assistance from Student Health or the nearest hospital. For assaults occurring on college property after hours contact Public Safety and they will contact emergency service personnel to respond and assist.
Support services and contact numbers:
State and Community Based Services:
Sexual Assault Support Services - (541) 343-7277 or (800) 788-4727
Victims Assistance Program - (541) 682-4523
McKenzie Willamette Hospital - (541) 726-4400
Sacred Heart Hospital - (541) 686-6931
Peace Harbor – Florence - (541) 997-8412
Cottage Grove Community Hospital - (541) 942-0511
4. Privacy Rights
With the exception of health care providers and licensed college counselors, all employees are required to inform the College’s Title IX Coordinator of any and all reports alleging sexual misconduct by college students or employees. Sexual misconduct is defined in the College’s Sexual Respect/Sexual Misconduct Procedure. Sexual Assault is defined in the College’s Sexual Misconduct and Stalking Procedure. Employees must provide the Title IX Coordinator with all of the information a complainant shares with them.
Lane counselors and Health Clinic providers are confidential resources in their role as personal counselors or medical care providers and are not required to report any information about an incident to the Title IX Coordinator without the complainant's permission. This protection regarding counselor/client or doctor/patient communications applies only when counselors or medical care providers are supporting individuals in a personal counseling or medical care provider role and only to the extent authorized by state law.
When considering a request for confidentiality, the College must weigh its duty to protect the community from sexual misconduct/sexual assault against the individual’s desire to remain anonymous. If the unwanted conduct can be stopped without disclosing the complainant’s name, then the College will respect the complainant’s wish to remain anonymous. When the conduct alleged, if true, presents a risk of future harm to the complainant or other members of the College community, for example in cases involving use of a weapon, predatory behavior, violence, or where there is a pattern of similar misconduct, the Title IX Coordinator may initiate an investigation, in which case the College cannot withhold the complainant’s identity from the person they are accusing. Anytime the College makes the decision to move forward and must disclose the complainant’s name, the complainant will be notified in writing of this decision.