For any questions please send e-mail to: NDSU.Policy.Manual@ndsu.edu

SECTION 603: SEXUAL ASSAULT STUDENT POLICY

SOURCE: NDSU President

1. INTRODUCTION: A goal of North Dakota State University (NDSU) is to create a campus community free from interpersonal abuse including sexual assault. NDSU commits its resources to the following twofold process: 1) to provide crisis intervention and a judicial/disciplinary response for victims and alleged offenders, and 2) to educate and promote discussion on interpersonal abuse and violence.

2. DEFINITION: For the purpose of this policy, sexual assault is any sexual behavior between two or more people to which one person does not or cannot consent. In describing sexual assault, NDSU relies upon North Dakota state law concerning sexual imposition which is much broader than the traditional concept of rape. NDSU prohibits sexual acts or contacts with others which can involve compelling a survivor to submit to sexual acts or contacts by force or threat of force, use of intoxicants to substantially impair the survivor's power to give consent, engaging in such acts when there is reasonable cause to believe the survivor suffers from a mental state which renders him or her incapable of understanding the nature of the contact or where the survivor is under fifteen years of age. The abuse of alcohol or other substances does not relieve individuals of their responsibilities to themselves or others. Prohibited behavior includes all forcible and non-forcible sex offenses provided for under North Dakota state law. Examples of prohibited behavior include but are not limited to the following:

   1)

   acquaintance or date rape

   2)

   stranger rape

   3)

   indecent exposure

   4)

   attempted sexual acts by use of verbal or non-verbal threats

   Note:

   Sexual harassment is addressed by Policy #162, NDSU Policy Manual.

3. PREVENTION: NDSU considers both physical surroundings and educational programming in addressing prevention of campus sexual assault. The University continually reviews and modifies the physical surroundings to foster security and safety. NDSU examines such factors as campus signs, lighting, and locking procedures. For further safety information, contact the NDSU Campus Police Office. NDSU develops curricular and co-curricular educational experiences concerning sexual assault. Involved students, faculty, staff, and community members promote information and discussion on interpersonal abuse concerns. NDSU also recognizes that individuals reduce their risk of sexual assault through a process of learning and practicing preventative actions. For further information on pertinent campus educational opportunities, contact the NDSU Center for Student Counseling and Personal Growth.

4. INTERVENTION: NDSU and its people actively support sexual assault survivors. NDSU has a coordinated response system that attends to the survivors' physical and emotional well-being.

   NDSU directs judicial/disciplinary efforts that respect the personal rights of both survivor and alleged perpetrator. For further information, see "NDSU Rights and Responsibilities of Community: A Code of Student Conduct" and "NDSU Housing Services Handbook."

   All reports of sexual assault are treated with respect to the privacy of the involved individuals. Incidents are reported to appropriate departments and agencies in consideration of safety concerns and investigative needs. In addition, NDSU publishes and disseminates annual statistics on incidents of sexual assault.

5. DISCIPLINARY: NDSU imposes appropriate sanctions upon violators of the sexual assault policy. These sanctions can include but are not limited to suspension and expulsion. In addition, an individual charged with a sexual assault may be subject to prosecution under North Dakota Criminal Statutes.

6. REPORTING: The guiding principle in the report of a sexual assault is to avoid re-victimizing the sexual assault survivor by forcing the person into any plan of action. Sexual assault survivors may contact any one of several NDSU departments or community agencies for assistance. The following resources provide immediate aid or ongoing consultation:

   NDSU Campus Police	231-8998 (Available 24 hours)
   Fargo Police	911 (Available 24 hours)
   NDSU Center for Student Counseling and Personal Growth	231-7671 (Available 24 hours)
   NDSU Health Center	231-7331
   Vice President/Student Affairs	231-7701
   Resident Hall Director/Resident Hall Assistant	(see Residence Hall phone directory)
   F-M Rape & Abuse Crisis Center	293-7273 (Available 24 hours)

   A report of sexual assault will be handled by the following procedures:

   6.1)

   In the event of a medical emergency, medical response personnel will be contacted (911).

   6.2)

   It is recognized that a sexual assault survivor may be undecided in reporting the assault to the police. A report to the police can empower the survivor in exercising legal rights and aid in the protection of others. If a report is to be made to the police, the survivor will be encouraged not to destroy evidence by bathing, douching, changing clothes or cleaning up in any way. If the sexual assault survivor is undecided in reporting, the survivor will be encouraged to preserve evidence anyway, in case the survivor decides to file a police report at a later date.

   6.3)

   The sexual assault survivor who does not wish to see the police will be encouraged to go to the hospital. A medical consultation will address physical problems and may diminish fears about injury, venereal disease, or pregnancy. The medical exam includes preserving evidence in the event that the sexual assault survivor later chooses to file a police report.

   6.4)

   If the survivor has agreed to contact the Campus Police, the NDSU Center for Student Counseling and Personal Growth will be notified for immediate emergency assistance. The Counseling Center will support the survivor experiencing possible conflicting feelings and aid in developing options. If the sexual assault survivor has decided not to report the assault, the counselor will maintain confidentiality. Other alternatives include:

   a.

   The sexual assault survivor can make a blind report to the police.

   b.

   The sexual assault survivor can make the decision to report later. However, earlier reports may improve the preparation of a viable prosecution.

   c.

   Based on the sexual assault experience, the survivor can raise the awareness of friends about their personal safety.

   It is noted that some sexual assault survivors have waited for days or years to seek help. At anytime, survivors of sexual assault may seek counseling from the NDSU Center for Student Counseling and Personal Growth or other community counseling services.

   6.5)

   The sexual assault survivor may choose to contact the NDSU Vice President for Student Affairs Office. If the incident occurred off-campus and involved an NDSU student the sexual assault survivor will be advised to consider contacting the appropriate police department and filing a police report.

   6.6)

   If violence occurs on-campus and the student involves the Office of the Vice President for Student Affairs, the procedures to be followed are outlined in "NDSU Rights and Responsibilities of Community: A Code of Student Conduct." Initially, the student making an accusation can expect the following assistance from the Office of the Vice President for Student Affairs:

   a.

   The sexual assault survivor will be encouraged to file a police report. The student may also be encouraged to seek assistance at the NDSU Center for Student Counseling and Personal Growth. If the student does not choose to file a report, the student may still request procedural services from the Office of the Vice President of Student Affairs.

   b.

   On-campus adjudication is conducted through the Office of the Vice President of Student Affairs. Further proceedings are outlined in "Rights and Responsibilities of Community: A Code of Student Conduct." Disciplinary proceedings following a sexual assault report include:

   i)

   the right of the accuser and the accused to have the same opportunities in having others present during the campus disciplinary process; and

   ii)

   the right of the accuser and the accused to be informed of the outcome of the campus disciplinary process.

   c.

   In the event of a successful off-campus prosecution, the University reserves the right to proceed with an on-campus adjudication, based on the court's guilty finding, with or without the participation of the sexual assault survivor.

   6.7)

   The Office of the Vice President of Student Affairs and the NDSU Campus Police offer the following services to assist the sexual abuse survivor:

   a.

   parking re-assignment

   b.

   escort services

   c.

   place of residence and phone # change

   d.

   restraining order assistance

   e.

   academic schedule adjustments

   f.

   university withdrawal

   h.

   student judicial procedures

HISTORY: September 1995