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Student Sexual Assault

Policy Number: 4009
Date Issued: Revised/February 2006

Authority: Ohio Revised Code, Sections 2907.02; 2907.03; 2907.04; 2907.05; 2907.06; 2907.07; 2907.08 and 2907.09; Ohio Revised Code 3345.22; Wright State University Code of Student Conduct; Board of Trustees Student Affairs Committee (May 15, 1997); President's Cabinet (May 7, 1997); Vice President for Student Affairs and Enrollment Services

4009.1 General Policy

Wright State University will not tolerate sexual assault of any kind. The term sexual assault is a general term that includes a variety of actions against any person without the person’s consent, against the person’s will, or under force, threat of force, or coercion. Consent cannot be given while intoxicated or medicated since these states inhibit an aware state of mind.

The Ohio Revised Code, Chapter 2907, defines sexual assault as: rape; sexual battery; unlawful sexual conduct with a minor; corruption of a minor; gross sexual imposition; sexual imposition; importuning; voyeurism and public indecency; or, any unwanted touching or act that is non-consensual and committed by the offender for the purpose of sexual gratification.

Future revisions, amendments, or additions to these or other applicable codes are incorporated in this policy by this reference. Sexual assaults of any kind are criminal offenses and are subject to criminal charges in the state of Ohio.

These violations of state law are also violations of the Wright State University Code of Student Conduct and may be adjudicated through the university’s student judicial system. Certain types of these offenses, including rape, sexual battery, and gross sexual imposition, may trigger a mandatory Ohio Board of Regents academic dismissal hearing pursuant to Ohio Revised Code 3345.23.

Furthermore, the Wright State University Code of Student Conduct defines sexual assault as “any attempt or actual unwanted sexual contact, physical or nonphysical, in the absence of clear and voluntary consent. Clear and voluntary consent is consent that is given freely and actively in mutually agreed upon sexual activity. Consent is not clear or voluntary if it results from the use of physical force, threats, intimidation, or coercion. It is a violation of policy to have sex or sexual contact with someone who is known to be, or should be known to be incapable of making a rational, reasonable decision.”

4009.2 Philosophy

Wright State University seeks to provide a consistent, caring, and timely response when sexual assaults occur within the university community. This policy seeks to accomplish the following:

  1. Communicate the university's intolerance of sexual assault.

  2. Establish procedures to follow if a sexual assault occurs, including a student's options relative to criminal charges and campus disciplinary action in cases of alleged sexual assault.

  3. Support the survivor of a sexual assault by providing prompt and compassionate services.

  4. Identify and communicate existing counseling and support services for suvivors of sexual assault.

  5. Create a university environment that encourages the prompt reporting of sexual assaults.

  6. Facilitate the adjudication of cases.

  7. Establish and cultivate community involvement in sexual assault prevention.

4009.3 Reporting Requirements

  1. The “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act” (formerly the Campus Security Act) requires that all university officials with significant responsibility for campus and student activities report any incident of alleged sexual assault. Professional mental health and pastoral counselors are exempt from this requirement. Survivors must be apprised immediately of this requirement. If the survivor does not wish to be identified, a third party report that does not include the survivor’s name, may be made.

  2. While it is the final prerogative of the survivor to make decisions regarding her/his course of action, Wright State University strongly encourages survivors to make a full report to the University Police in order to ensure that all resources can be made available, as well as to maintain the widest range of options in which to pursue adjudication of the incident.

  3. The Wright State University Police Department will make timely reports to the campus community in order to aid in the prevention of similar crimes.

4009.4 Reporting Protocol

    1. If a sexual assault occurs on campus, the incident should be reported immediately to the Wright State University Police Department at 775-2111 or by dialing 911 from any campus telephone. The University Police Department will contact the Greene County Victim Witness Advocate to assist the survivor with reporting the incident and with decisions regarding resources and prosecution.

    2. If a sexual assault occurs off campus, the incident should be reported immediately in the jurisdiction where the incident occurred. Upon request, the University Police Department and campus officials will assist the student in completing a police report with local authorities.

    3. Contact the director of Student Support Services by calling the 24/7 on-call cell phone at (937)260-0167. The director of Student Support Services also services as the Sexual Assault Response Team Coordinator and is available 24/7 to serve as a student advocate, to accompany the survivor to the hospital, and to assist with the coordination of services. Other members of the Sexual Assault Response Team include the director of the Counseling and Wellness Center, the director of Residence Services, the Chief of University Police, and the director of the Women’s Center.

    4. The survivor should immediately obtain medical treatment at an area hospital for injuries, sexually transmitted diseases, and pregnancy. A medical exam to preserve evidence of rape for use in court can be performed, but the exam must be completed within 72 hours of a sexual assault. To preserve as much evidence as possible, the victim should be advised not to eat, drink, smoke, bathe, shower, douche, urinate, or have a bowel movement prior to the examination. The Wright State University Police Department will assist the student in this process. The director of Student Support Services is available to accompany the survivor to the hospital. Greene County Victim Witness Staff will be contacted by university police and are available as well.

    5. The director of Student Support Services will assist the victim in securing a safe place to go. If the student lives on campus, she/he should be offered a change in her/his living situation. The director of Residence Services (775-4172) and/or on-call staff will be contacted in order to identify a temporary or permanent housing change. A housing change request will be given highest priority.

4009.5 Adjudication

A survivor of sexual assault has several options for pursing adjudication. She/he may take action against her/his alleged assailant through the criminal justice system and/or the university’s judicial system, if the alleged assailant is a matriculated student at Wright State University.

  1. Criminal Prosecution

    University Police will initiate an investigation of any report of sexual assault that occurs on campus in order to pursue prosecution of any violation of state and/or federals laws. The university follows the Greene County Protocol on Sexual Assault Services.

  2. Student Judicial System

    1. When both parties involved in an alleged incident of sexual assault are Wright State University students, the survivor may seek recourse through the university’s student judicial system. Incident reports should be filed with the [director of Community Standards and Student Conduct]. The Police Department routinely forwards reports of alleged sexual assault to Community Standards and Student Conduct.

    2. Once a complaint is filed, there is a preliminary investigation, and, if a determination is made that an alleged violation of the Code of Student Conduct has occurred, the university will initiate disciplinary proceedings against the alleged assailant. A hearing by the university Judicial Review Panel may follow.

    3. The accused and the accuser are entitled to the same opportunities to have others present during a campus disciplinary proceeding. The alleged assailant may be found responsible or not responsible depending on the strength of the case.

    4. Sanctions for students found responsible for violating the Code of Student Conduct may include expulsion. The Student Code of Conduct outlines judicial procedures involving allegations of sexual misconduct. The “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act” requires that “both the accuser and the accused shall be informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offense.”

    5. Special Note: If the alleged assailant is a university employee, action may be taken through the criminal justice system and/or the university may take action through the Department of Human Resources and the Office of Affirmative Action Programs.

4009.6 Education

  1. Wright State University is committed to education and increasing awareness of students, faculty, and staff about incidents of sexual assault, The Office of Student Support Services is responsible for coordinating the University’s Sexual Assault Education and Prevention Program in collaboration with the Wright State University Coalition Against Sexual Assault (CASA). Members of the Coalition include representatives from Affirmative Action, Counseling and Wellness Services, Residence Services, Student Activities, Student Health Services, Community Standards and Student Conduct, University College, University Police Department, the Women’s Center, and the general student body. Education and prevention initiatives are implemented campus wide.

  2. The following list is a resource for information and referral sources:

    1. The Office of Student Support Services coordinates the Wright State University Sexual Assault Awareness Program.

    2. Residence Services, the Women’s Center, Student Health Services, Counseling and Wellness Services, the University Police Department, and the Office of Affirmative Action Programs, also distribute sexual assault awareness and prevention materials and information.

    3. Sexual Assault Awareness Week is implemented annually. This program educates the university community regarding sexual assault prevention. Events include speakers, discussion groups, and a "Take Back The Night March."

    4. Residence Services staff receive sexual assault education in their training and staff development programs.

    5. Education in the residential communities includes programming conducted on residential floors.

    6. "Peer 2 Peer," a student peer health education program, provides information about sexual assault education and prevention.

    7. Sexual assault prevention information is disseminated in first year student seminar classes and learning communities.