INAPPROPRIATE SEXUAL CONDUCT

INAPPROPRIATE SEXUAL CONDUCT: RAPE, SEXUAL ASSAULT, AND SEXUAL EXPLOITATION:

The most prevalent form of inappropriate sexual conduct and exploitation on college campuses is commonly known as "acquaintance rape" or "date rape." This is also known as "non-stranger" sexual assault. The non-stranger may be someone from an established relationship or someone the reporting party knows only casually.

Rape, sexual assault and/or sexual exploitation can occur between members of the same or opposite sex and either sex could be a victim or a perpetrator. Every instance of sexual assault is unique.

Inappropriate sexual conduct of any kind is unacceptable and dishonors GonzagaUniversity. Further, inappropriate sexual conduct is a violation of the Student Conduct Code, the Ethos Statement and the Harassment Policy.

Definitions:

"Accused" refers to the person who allegedly committed the inappropriate sexual conduct.

"Reporting Party" refers to the person who is alleging that inappropriate sexual conduct has happened to him or her.

"Consent"is defined as informed, freely and actively given, mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity.

In order for sexual activity to be consensual, at the time of the activity the persons involved must be competent to consent. It is the consent of the reporting party, not the accused, which is considered

Intoxication on the part of the reporting party may be important in a determination of whether consent was given

Submission to sexual activity that is obtained through the use of deception or force, whether that force be physical force, veiled or blatant threats, or intimidation, is not considered consent

Aperson who issufficiently physically incapacitated as the result of alcohol or other drug consumption (voluntarily or involuntarily), or who is unconscious, unaware or otherwise physically helpless, is incapable of giving consent

Mental Incapacitationis defined as being in a state in which a person sufficiently lacks the cognitive ability torealize that the situation is sexual, or cannot appreciate (rationally and reasonably) the nature and/or extent of that situation

One should not engage in sexual activity with another who one knows-- or should reasonably have known-- is physically or mentally incapacitated.

Ideally, consent should be obtained before each new level of sexual conduct. Conversations about sexual activity and sexual boundaries are encouraged. If at any time established consent is withdrawnin a manner which should reasonably be recognized, the conduct must stop immediately.

Lack of consent does not necessarily require physical resistance or verbal refusal; for instance, someone who is asleep or significantly incapacitated is considered unable to give consent. Previous or current relationshipbetween the parties is not an establishment or continuation of consent.

"Rape" is vaginal or anal penetration by a penis, object, tongue or finger as well as genital-oral penetration, initiated by a man or woman upon a man or a woman, without consent.Rape is not tolerated at Gonzaga University and usually the minimum disciplinary sanction for any person found responsible is removal from the University. In order for the University to make a finding of responsibility for rape, a minimum of two conditions must be evident to establish that the University standard has been met: 1) the reporting party was not able to or did not give consent according to the definitions above and 2) the accused engaged in sexual penetration, as described above, with knowledge -- or with what most people would reasonably consider knowledge -- that the reporting party was not able or willing to give consent.

"Sexual Assault"is anynon-consensual touching of the sexually intimate parts of a person done for the purpose of gratifying the sexual desires of the accused. This includes, but is not limited to, sexual contact with a person who is incapacitatedwherein the person initiating the sexual contact is, or should reasonably be, knowledgeableof the incapacitation.

"Sexual Exploitation" occurs when a person takes unjust, or abusive sexual advantage of another; for his/her own advantage or benefit; orfor the benefit or advantage of anyone other than the reporting party; and that behavior does not otherwise constitute rape, sexual assault or harassment[see Harassment Policy]. Examples of sexual exploitation include, but are not limited to:

• Videotaping or photographing of any type (web-cam, camera, internet exposure, etc.) without knowledge and consent of all persons
• Knowing transmission of HIV or STD to an unknowing person or to a person who has not consented to the risk
• Inducing incapacitation with the intent to commit Sexual Assault —This type of sexual exploitation occurs regardless of whether sexual activity actually takes place
• Voyeurism
• Unreasonably going beyond the boundaries of good judgment and respect

HOW TO MAKE A REPORT

There are four ways to officially report an incident of sexual assault:

1. Report directly to Gonzaga only, Campus Security (329-3222)

2. Report directly to the Spokane Police Dept. only (911 or 456-2233)

3. Report to both the police and Gonzaga

4.Report to the Equal Opportunity (EO) Office (323-6910 or x 6910)

(The protocol for reporting a sexual assault is currently being revised. It will be posted to Gonzaga’s website when complete and included in future publications. For more information contact the University’s Equal Opportunity Officer at x6910.)

It is very important that the student know that a report made only within the University is not the same as a report with a law enforcement agency. These are two separate choices which can be used simultaneously or not, depending on the reporting party'scomfort level and choice of process. Only the person subjected to the inappropriate sexual conduct may make a report with the police; therefore Gonzaga Security cannot make a report for the reporting party. However Security can assist the reporting party in filing a police report. GU Security reports go directly to the Office of Student Life. The report can also be made directly to Student Life if desired.

If you are not ready to make a report, but want more information on options and processes, please refer to the "Resources" area at the end of this section.

~~~~~~~~~~~IMMEDIATE RESPONSE~~~~~~~~~~

IF YOU BELIEVE YOU ARE THE VICTIM OF RAPE OR SEXUAL ASSAULT AND NEED IMMEDIATE HELP, GET TO A SAFE PLACEAND CALL

SPOKANEPOLICE – 456-2233

Or

FOR POLICE EMERGENCIES – 911(if on-campus 9-911)

&/Or

Gonzaga Campus Security (329-3222 or x3222)

&/Or

Sexual Assault ADVOCACY– 624-7273 (24 hours a day):

Trained sexual assault advocates are available by calling SAFeT (Sexual Assault and Family Trauma response center). An advocate assists a reporting party by securing the necessary information, services and follow-up care. The advocate provides services to the reporting party of a sexual assault including information and referral, crisis intervention, medical advocacy, legal advocacy, support, and systems coordination.Advocates are confidential and free to the client. They can be reached 24 hours a day by calling (509) 624-7273 or (509) 624-RAPE.

GETTING MEDICAL CARE

If you believe that you have been raped or sexually assaulted, it is very important to obtain medical care for your physical health, as well as to collect and document potentially useful evidence. You should be examined as soon as possible to prevent deterioration of evidence. Even if you have no apparent injuries, you may be in shock or have internal injuries. You should discuss with your treating physician the risk of sexually transmitted infections and pregnancy. Please refer to the "Resources" area at the end of this section.

THE OFFICE OF STUDENT LIFE

The Office of Student Life is strongly committed to working with students to arrive at a fair course of action which respects students' wishes while fulfilling the University's responsibility for each student's well being. Following a reportof rape, sexual assault or sexual exploitation, the Office of Student Life mayenable a changeof the reporting party's academic and/or living situations if such changes are requested and reasonably available.

Students who report are given as much reasonable control as possible after a report is received. However, in appropriate cases and for compelling reasons, Gonzaga officials reserve the right to move an incident through the University disciplinary system for the good of the University community. This is done only after the reporting party has been informed of this action and the reasons for it.

CONFIDENTIALITY AND DISCLOSURE

The University strives to treat reporting parties with care and compassion. Often this includes the reporting party's request that an incident remains confidential with the person that received the report. However, as stated above, the University cannot be unresponsive to reports. Therefore, while complete confidentiality cannot be assured, respectful, professional discretion is assured. Once provided with the necessary information fora report, including names and/or specific information about the accused as well as any immediate considerations for safety, University officials will assess the situation and make a decision about necessary action.

UNIVERSITY INAPPROPRIATE SEXUAL CONDUCT PROCESSES

Disciplinary Hearing

This is a process in which the incident is formally reviewed by the University Discipline Board for Students, or in extraordinary circumstances the Dean of Student Services.The hearing involves the hearing panel speaking with the reporting party, accused and witnesses and reviewing other information. The reporting party and accused are entitled to the same opportunities to have others present during a disciplinary proceeding. Since a hearing is disciplinary in nature, there is an investigation, a determination of policy violation, and sanctions if appropriate. The University uses a standard of "more likely than not" in making a finding of responsibility for a violation.

Where sufficient information exists that rape, sexual assault or sexual exploitation has occurred, the University reserves the right to pursue disciplinary action which may include probation, suspension or dismissal. A reporting party may also file criminal or civil charges which are separate from University proceedings. An act which may not be criminally prosecuted may still violate University policy.

Complete Discipline Hearing procedures, student privileges, and appeals are listed elsewhere in this handbook. Sanctions for a student found responsible for a violation are listed under the Discipline Sanctions section. Sanctions are relative to the specific situation, investigation, and other factors, with suspension and dismissal being the final University-issued sanction.

Both the reporting party and the accused shall be informed of the outcome of any institutional disciplinary proceeding (the institution's final determination and any sanctions imposed) for allegations of inappropriate sexual conduct.

Mediation – (optional)

Mediation is a voluntary process in which the reporting party and accused communicate with the help of a neutral mediator, usually a University staff member. Mediation helps the parties involved reach understanding and achieve desired outcomes if possible (i.e. apology or agreement about future contact). Mediation does not dictate a settlement.

RETALIATION

Although Gonzaga acknowledges the extreme emotions and stress involved of the occurrence of rape, sexual assault, and/or sexual exploitation, it does not condone any person taking matters into their own hands. Persons on either side of the incident are prohibited from engaging in any type of retaliation. This includes slander, libel, "vigilante justice" or harassment. Violations of this type will be handled in accordance with the Ethos Statement and Behavioral Expectations. Persons making verbal or written statements may be subject to civil liability.

RESOURCES AVAILABLE

Persons subjected to inappropriate sexual conduct or sexual exploitation may experience feelings of confusion, mistrust and anxiety. After-effects of the incident may result in serious psychological injury and long-lasting emotional stress. Common responses include: fears about personal safety, sleep disturbances, flashbacks, preoccupation with the assault, trouble concentrating, feelings of shame, guilt, self-blame and anger. An understanding of the options for care and follow-up, as well as support, during this process is important. Resources are available through various campus and community departments and organizations.

Advocacy and Counseling

-Sexual Assault and Family Trauma Center (SAFeT)

7 South Howard, Suite 200 (Symons building)

Spokane, WA

-Sexual assault crisis line: 624-7273 (24 hours)

Business line: 747-8224

-Gonzaga Counseling and Career Assessment Center

Administration Building 303

323-4054 or x4054

-University Ministry

Crosby Student Center 104

323-4242 or x4242

Medical Care

-Gonzaga Health Center

O'Leary Hall, 704 E. Sharp

323-4052 or x4052

-Sacred Heart Hospital

101 W. Eighth Ave.

Spokane, WA

Emergency Dept.: 474-3344 (24 hours)

Information: 474-3131

-Holy Family Hospital

5633 N. Lidgerwood

Spokane, WA

Emergency Dept.: 482-2460 (24 hours)

Information: 482-0111

-Deaconess Medical Center

800 W. Fifth Ave.

Spokane, WA

Emergency Dept.: 458-7100 (24 hours)

Information: 458-5800

Reporting and Information

-Spokane Police Dept.

1100 W. Mallon

Spokane, WA

Non-emergency (Crime Check): 456-2233 (24 hours)

Emergency: 911

-Gonzaga Campus Security

Welch hall, lower west side

329-3222 or x3222 (24 hours)

-Student Life Office

Administration building 120

323-4100 or x4100

-Housing/Residence Life Office

O'Leary Hall, 704 E. Sharp (lower level)

323-4103 or x4103

-Human Resources Office (EEOC Compliance Officer)

414 E. Sharp

323-6010 or x6910