Reporting Sexual Misconduct and Sexual Assault

Protocol for Students

The University of Akron is committed to maintaining a learning, living, and working environment free of sexual misconduct/assault. The Sexual Misconduct/Assault Protocol describes how the University investigates and responds to reports of sexual misconduct/assault. It also provides guidance for students who have been the victim of sexual misconduct/assault; outlines the University's disciplinary response to alleged incidents of sexual misconduct/assault; and identifies the relevant organizations within the University responsible for managing the Protocol and programs associated with it.  The University of Akron’s Protocol complies with applicable state and federal statutes.

Introduction

The University of Akron is a community dependent upon trust and respect for its constituent members:  students, faculty, staff and those under temporary contract.  Sexual misconduct and sexual assault is a violation of that trust and respect and will not be tolerated. 

The University is dedicated to preventing sexual misconduct/assault by providing an education and prevention program informing the community about the risks and myths that contribute to sexual misconduct/assault; providing assistance and support including procedures sensitive to a person who has experienced sexual misconduct/assault; and by providing a process for investigation and adjudication that includes appropriate disciplinary sanctions for those who commit sexual misconduct/assaults.

Sexual misconduct/assault, whether on or off campus, is prohibited and will not be tolerated. This applies to academic, educational, co-curricular, athletic, study abroad, residential and off-campus conduct, and other University programs. The University of Akron urges people who have been the victim of sexual misconduct/assault to pursue criminal charges against the person or persons they believe to have committed the crime. A person who has been the victim of sexual misconduct/assault involving a member of the campus community is also urged to make a disciplinary complaint to the Office of Student Judicial Affairs. A criminal charge and a disciplinary complaint may be pursued at the same time. Retaliation against a person, who reports a crime, brings a complaint, pursues legal action, or who participates in an investigation or is a witness in any proceeding is prohibited and will not be tolerated.

Definition of Terms

• Sexual assault is sexual conduct or contact that occurs without consent, or through force or other prohibited means, circumstance or action, or where the victim is incapable of giving consent, as defined by law.  Examples of sexual assault include, but are not limited to rape, sexual battery, gross sexual imposition and sexual imposition.  Sexual Misconduct is sexual conduct in violation of the University’s Code of Student Conduct. http://www.uakron.edu/dotAsset/1252708.pdf.  Sexual misconduct and sexual assault are serious crimes that can affect men and women, whether gay, straight, transgendered or bisexual.   
• Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature.  Sexual harassment is subject to a separate set of policies and guidelines. Employees should contact their immediate supervisor to report sexual harassment, or if the supervisor is the alleged perpetrator or unavailable, the vice president or head of the administrative unit.  Students should contact the Dean of his/her college or the Associate Vice President/Dean of Students.  For the full Sexual Harassment Policy and definitions, you can go to http://www.uakron.edu/dotAsset/777511.pdf.

Options Following Sexual Misconduct/Assault

The University of Akron strongly encourages persons who have been the victim of sexual misconduct or sexual assault to file a police report, action for their own protection and that of the entire campus community.  However, there are several additional options available. Students are also advised to seek medical attention as soon as possible or within 72 hours of a sexual misconduct/assault. Students may choose one or more options to create the most effective course for them.  

1. Medical-Legal Evidence Collection.

A person who has experienced sexual misconduct/assault (particularly rape, forcible oral copulation, or sodomy) is encouraged to request collection of medical-legal evidence. Collection of evidence entails interaction with police and a police report. Prompt collection of physical evidence is essential should a person later decide to pursue criminal prosecution and/or a civil action.  If the sexual misconduct/assault occurred within 72 hours, a free and confidential exam can still be administered at local hospitals. However, the sooner sexual misconduct/assault is reported, the more likely evidence will remain. To help preserve evidence, the victim is encouraged not to:

• bath or douche;
• urinate;
• drink any liquids;
• if oral contact has occurred, the victim is encouraged to refrain from smoking, eating, or brushing their teeth;
• if clothes are changed, soiled clothes should be placed in a paper bag (plastic can destroy crucial evidence).

Questions about evidence collection can be directed to the Rape Crisis Center for Summit and Medina Counties at 330-434-7273.

2.   Medical Care/Emergency Room Examination.

An individual who has been the victim of sexual misconduct or sexual assault is urged to seek medical evaluation as soon as possible, ideally within 72 hours of the incident.  Any person who has been the victim of sexual misconduct or sexual assault may go directly to the emergency room of any local hospital for medical attention.  Students who are reporting an immediate assault should be accompanied to a health care facility of their choice to allow for collection of evidence and treatment.

Sexual assaults, for which individuals seek medical treatment, must be reported to the appropriate police unit by health care officials. However, students are not required to criminally prosecute the case or file a police report, unless the sexual assault survivor is a minor.  A list of hospitals close to campus, including those with a SANE (Sexual Assault Nurse Examiner) Unit or staff specially trained for sexual assault examination and evidence collection are listed below.

Students also can seek treatment or advice at University Student Health Services for any medical concerns, including: physical exams; treatment of sexually transmitted infections: pregnancy testing, and/or to obtain emergency contraception.  All medical information and services are protected by privileged reporting.  If a student decides to pursue a criminal or civil legal action, the student will be required to sign a University Health Service Medical Information Release Form to allow their attorney, the police, or the University to gain access to medical information applicable to the sexual misconduct. 

3.   Confidentiality and Choosing a Reporting Resource 

The University of Akron will preserve student confidentiality to the extent possible and allowed by law. The degree to which confidentiality can be protected, however, depends upon whether or not the individual to whom the sexual misconduct/assault is legally authorized to withhold this information. The professional being consulted should make these limits clear before any disclosure of facts. When choosing a reporting resource, please consider the following information.

Privileged Reporting Resource.

Privileged reporting consists of those communications that legally cannot be disclosed to any other person without the reporting person’s consent, except under very limited circumstances such as an imminent threat of danger to self or others or if the victim is a minor.  

Examples of Privileged Reporting Resources:

• University Counseling Staff (Psychiatrists, Psychologists, Social Workers)
• University Health Service Staff (Physicians, Nurses or Nurse Practitioners)

Limited Confidential Reporting Resource.

Limited confidential reporting consists of those communications that are subject to the privacy requirements of the Family Educational Rights and Privacy Act (FERPA).  The University will exercise sensitivity with respect to the privacy concerns of the reporting person; however, the privacy interests of the reporting source must be balanced with the University’s legal obligations;  its need to protect the University community; and to insure that appropriate disciplinary processes are implemented.    

Examples of Designated Limited Confidential Reporting Resources:

• Residence Life and Housing
• Student Judicial Affairs

Parental/Legal Guardian Notification.

Notification to the parent or guardian of a victim of an incident of sexual misconduct or sexual assault will be made, if necessary in accord with the requirements of applicable privacy and reporting laws, including but not limited to the Family Educational Rights and Privacy Act.

Note:   A friend or a peer is not a confidential source and may be required to report the sexual misconduct to the University or the police (i.e. if employed in any capacity by The University of Akron or if subpoenaed).

Clery Act Reporting

The Clery Act requires the University to designate University staff members who have significant responsibility for student or campus activities as Campus Security Authorities (CSAs). At The University of Akron, CSAs include: the Vice President for Student Engagement and Success; the Dean of Students; most managerial staff in Student Engagement and Success; Residence Life staff, including resident assistants and hall directors; advisors to student organizations; and athletic coaches. CSAs are required to provide information regarding any report of sexual misconduct/ assault to the University Police Department to be included in the University’s Annual Report of Crime Statistics and, if  appropriate, for the purpose of issuing a crime alert or other emergency notification. The victim’s name and other personally identifying information is NOT included in any crime alert or emergency notification.

Public Records

Requests for information made to the University pursuant to the Ohio public records laws shall be responded to by the University in accordance with the requirements of those laws, subject to all applicable privacy limitations imposed by other law, including but not limited to the Family Educational Rights and Privacy Act (“FERPA.”)

4. Filing a Sexual Misconduct/Sexual Assault Report.

Filing a Report with The University of Akron Police Department

For a sexual misconduct/assault that took place on-campus, students can contact The University of Akron Police Department directly at 330-972-7123 to file a report with the police. University police can assist in notifying the local police if the student chooses. University police officers will respond quickly and with sensitivity upon notification of an assault.   Students who are victims of off-campus sexual misconduct/assault who want to file a sexual misconduct/assault report with the City of Akron Police Department should call 330-375-2677, or if it is an emergency, 911.

Reporting an assault or misconduct to The University of Akron Police Department or other law enforcement or campus security authorities does not require the filing of criminal charges, but it allows all support systems to be put in place.  Choosing not to pursue university or criminal action, however, does not remove the responsibility of the University to investigate and/or take action.  Students who choose to notify police should be aware of the importance of the immediacy of reporting the incident and the importance of preserving physical evidence at the assault scene as well as on the person assaulted. Physical evidence can provide important evidence to support criminal charges leading to a successful prosecution.

Reporting is best done as soon as possible after the incident, but it may be done at any time.  Students can make their report to any CSA.  The University will assist students with reporting sexual misconduct or assault and in obtaining medical support and information regarding available legal and judicial affairs resources as well as counseling and support services.  If requested by the student, and if reasonably available, the University will assist the student in changing her/his academic or living situation after the alleged assault.

Filing a Complaint with the Office of Student Judicial Affairs

If the accused is a student at The University of Akron, students are urged to file a complaint of with the Office of Student Judicial Affairs by calling 972-6380.  Students are not required to file a police report to pursue a complaint with the Office of Student Judicial Affairs.

Although procedural requirements are not as formal as those existing in the courts of law, the judicial affairs process provides procedural safeguards for accusers and accused alike.  Both the accuser and the accused are entitled to the same opportunity for access to information that will be used at the hearing, to present relevant witnesses and other evidence and to have others present during the hearing. Confidential medical/counseling records and information regarding the victim’s sexual history will not be provided to the accused and is not admissible at any disciplinary proceeding.  To ensure fairness, the following procedures apply:

Rights of the Accuser:

• Protection under applicable privacy laws (e.g. FERPA.)
• To be informed of the University’s Judicial Affairs process.
• To the presence of an advocate/advisor of her/his choice during the judicial process as designated in the applicable University Rule.  The advocate/advisor may advise the accuser but may not participate in the hearing or address the board unless responding to a direct question from the chairperson to the advocate/advisor.
• To be informed of the outcome of the judicial process.

Rights of the Accused:

• Protection under applicable privacy laws (e.g. FERPA.)
• To be informed of the University’s Judicial Affairs process.
• To the presence of an advocate/advisor of her/his choice during the judicial process as designated in the applicable University Rule.  The advocate/advisor may advise the accused but may not participate in the hearing or address the board unless responding to a direct question from the chairperson to the advocate/advisor.
• To be informed of the outcome of the judicial process.

Regardless of whether criminal charges are filed, students found to be responsible for sexual misconduct may be subject to university judicial sanctions, up to and including dismissal.  The Judicial Process shall be conducted in accordance with University Rule 3359-42-01.

Filing a Report with the Dean of Students

If the sexual misconduct/sexual assault report has not been reported to University Police or to the Office of Student Judicial Affairs, the sexual misconduct /sexual assault may be reported directly to the Office of the Dean of Students.  The Dean of Students’ phone number is 330-972-6048. 

The Dean of Students’ Office will generally first urge the student to attend immediately to any medical needs.  The student will receive information on available medical and psychological resources. The Dean of Students’ Office also can arrange for a professional staff member to accompany the student to the hospital if requested by the student. The student also will be assisted in contacting a support person if desired.

The victim will be informed of his or her right to file a police report and/or file a disciplinary complaint against the accused and will be given a copy of this Sexual Misconduct/Sexual Assault Protocol. The victim has the right to determine whether charges will be filed either on-campus or with the police. However even if the victim elects not to file charges, the Dean of Students may initiate an investigation to determine if the situation indicates that the student or others may be at risk and whether action may be taken against the respondent by the University in the absence of charges filed by the student.

Students who have been sexually assaulted have access to support services such as changing academic and living situations after an alleged incident, if so requested and if such changes are reasonably available (no police report, disciplinary charge or investigation need occur before this option is available). Support includes:

• Providing the victim with a temporary safe space within the University residence halls. 
• Moving the victim or alleged perpetrator so the victim and alleged perpetrator do not share the same residence or dining hall.
• Changing class assignments so that the victim and alleged perpetrator do not share the same classes.
• Providing academic support, including tutoring.

Decline to File a Report

The student has the right not to file a report. However, students are highly encouraged to seek medical attention, including counseling, either on- or off-campus.  Students who wish to file a report at a later date may do so by contacting the Dean of Students’ Office at 330-972-6048.  Students also may file a report with The University of Akron Police Department should they choose to do so in the future. Please note, a delay in reporting could weaken or result in a loss of evidence used to determine whether an individual is responsible for a sexual misconduct/sexual assault.  

Other Disciplinary and Legal Processes

The disciplinary process of schools or university-related organizations does not supersede this policy.  This policy does not negate the right of schools or organizations to institute their own disciplinary process for cases of sexual misconduct/sexual assault.  In addition to the criminal and judicial affairs processes, the victim of sexual assault may consider retaining a private attorney for the purpose of filing a civil action.

Resources

Counseling

Counseling may be pursued following an incident involving sexual misconduct, no matter how much time has elapsed since the incident. On and off-campus resources are available 24 hours a day, 7 days a week for students, faculty and staff members.

A variety of counseling services are available. On-campus counseling services are available for students at the Counseling, Center in Simmons Hall 306.

Counseling services are free and the services are privileged communications. Counseling services are available for faculty and staff through IMPACT or through psychological services provided through their individual insurance and is privileged communications.

The Rape Crisis Center of Medina/Summit Counties provides services and has a 24-hour hotline. For contact information, refer to the Resource chart in this policy.