The College of Idaho - Student Handbook - Stranger and Relationship Violence

Stranger and Relationship Violence

The front desk of the McCain Center is designated as the location for turning in and reclaiming all lost and found property. Idaho Criminal Code 18-2403 (2) (c) states that any person who keeps property that is not theirs without attempting to locate the owner is guilty of theft. If you find anything, please turn it in or contact Campus Safety. At the end of the school year, any unclaimed items will be disposed of or donated.

Definitions

Sexual Assault: Any non-intercourse sexual activity, however slight, with any object, by a man or a woman, without unequivocal consent.
Sexual Battery: Any unwanted touching, however slight, of an intimate part of another person for the purpose of sexual arousal.
Rape: Any sexual intercourse, anal, oral or vaginal, however slight, with any object, by a man or a woman, without unequivocal consent. Rape may occur between individuals who know one another (Acquaintance Rape) or between strangers. (Stranger Rape).
Unequivocal Consent: Consent that is informed, freely and actively given, via mutually understandable words or actions which indicates a willingness to engage in an activity at the same time, in the same manner with another individual or individuals. Unequivocal Consent can not be given when one or both individuals are under the influence of alcohol or drugs.
Sexual Harassment: Any unwelcome sexual conduct which is related to any condition of employment or evaluation of student performance. It includes unwarranted sex-related comments, sexually explicit comments or graphics, unwelcome touching, etc. Sexual harassment can take the form of making derogatory jokes based on sex, crude or offensive language, spreading rumors about a person's sexuality, placing a compromising photo on the web, or ogling. These behaviors cause the recipient discomfort or humiliation, and continue after the recipient has made clear that they want them to stop.
Stalking: The willful, repeated, and malicious following, harassing or threatening of another person. This includes being telephoned, e-mailed or text-messaged, being waited for outside or inside places, being watched from afar, and/or being followed.
Relationship Violence: The actual or threatened physical, sexual or psychological and emotional abuse between persons in a platonic, professional or intimate relationship. The violence is motivated by the perpetrator's desire to exert control and/or power over the victim in a way that undermines the victim’s sense of safety and self.
Dating Violence: The actual or threatened physical or sexual violence or psychological and emotional abuse toward a current or former dating partner. Dating partners may be heterosexual, bisexual or homosexual.
Hazing: Any activity expected of someone joining a group (or to maintain full status in a group) that humiliates, degrades, or risks emotional and/or physical harm, regardless of the person's willingness to participate.
Bias Crimes: Crimes that are motivated in whole or in part by hatred against a victim based on his or her race, religion, sexual orientation, ethnicity, national origin or disability.

Sexual Interaction

In the absence of mutually understandable words and actions that clearly indicate consent, it is the responsibility of the sexual initiator to make sure that he or she obtains unequivocal consent from his or her partner before engaging in any sexual activity. Consent to one form of sexual activity does not necessarily imply consent to other forms of sexual activity. Mutually understandable consent must be obtained by the initiator at every stage of sexual interaction.

Consent which is obtained through the use of force, actual or implied, whether that force is exerted physically or through threats, intimidation or coercion, does not constitute unequivocal consent.

Physically incapacitated persons cannot give consent to sexual activity. Such incapacitation may be the result of drugs or alcohol, voluntarily or involuntarily consumed, unconsciousness or anything else that renders an individual physically helpless.

Reporting Sexual Violence

Where there is reason to believe that an incident of sexual violence has occurred, the person who has been violated has three options for reporting the incident:

Anonymous: A report filed with a college counselor or Advocate through the Men’s and Women’s Center who guarantee that no name shall be attached to the report unless express permission is given to do so. This report will be used by the college administration to track trends, plan educational awareness programming and other community safety concerns. Note: A report made to college personnel (with the exception of college counselors and advocates) cannot remain anonymous.
Confidential: A report filed with the request that the name of the person filing be withheld. However, if this report is made to College personnel, the report provides the College and the community with the obligation to identify the person responsible and address the factors that might prevent such an occurrence in the future.
Open: A report that is filed with name of the accuser fully disclosed.

Reports may be made to any of the following:

Dean of Student Affairs: x 5841
Counseling Center: x 5561
Campus Ministry: x 5282
Campus Safety: x 5151
Men’s and Women’s Center Advocates: x 5878
Residence Life: x 5121

College Response to Sexual Violence

Confidential and Open reports of sexual violence are submitted to the Dean of Student Affairs (or designee). As outlined in the campus disciplinary system, the Dean of Student Affairs will determine whether or not a hearing will be held and relay information about victim rights in the disciplinary process. Where there is reason to believe that violence has occurred, the College will pursue disciplinary action through the campus disciplinary system. Such discipline may include the possibility of suspension or dismissal from the College. In addition, Albertson College may pursue enforcement of its own rules whether or not legal proceedings are underway or in prospect and may use information from third party sources, such as law enforcement agencies and the court, to determine whether College rules have been broken. The College makes no attempt to shield members of the Albertson College community from the law, nor does it intervene in legal proceedings against a member of the community.

The Importance of Reporting

The College strongly urges students who have experienced sexual violence to come forward and report their experiences, with either an anonymous, confidential or open report. Not only do the reports help identify potential predators, but more important, they connect students to invaluable resources that may help her or him deal with the inevitable repercussions that follow such a traumatic event. In addition, such reports help the College create educational programs that can prevent such incidents from happening in the future. An individual filing a report does not need to file a criminal complaint.

What Should I Do?

Many victims of sexual assault, sexual battery or rape are unsure what to do. They may be ashamed to speak to anyone or be afraid that no one will believe them. Sometimes victims feel that somehow the action against them was their fault. Our primary concern is that the victim receives proper medical attention and counseling.

If you are the victim of a sexual assault, the following should serve as a guide:
Go to a safe place.
Call a friend, relative, resident assistant, or someone you trust to come and be with you.
Preserve evidence. Do not shower, douche, bathe, change clothing, or remove anything from the scene of the assault.
Get medical attention. In order to protect your health and attend to any injuries or infections that may arise from the assault, medical treatment is necessary. Even if you don't think you want to report the assault or press charges, it is important to be examined by a physician as soon as possible after the assault. Emergency room personnel are trained in the collection of physical evidence which will help you if you should later choose to use legal avenues.
Talk to someone. It is especially important to find someone to talk to about the assault as soon as possible.

Victims/survivors of sexual assaults may experience one or more common, but highly stressful, reactions. These include depression, self-blame, intense anxiety, confusion, a feeling of loss of control and recurrent nightmares. These reactions may continue long after the assault. Discussing the experience with a trained professional can be very helpful. The following campus and community resources are available:

Counseling Center: x5561
Campus Ministry: x5282
Dean of Student Affairs: x5841
WCA Rape Crisis Center: 345-7273
Caldwell City Victim Witness Coordinator : 455-3112
Canyon County Victim's Rights Unit: 454-7391
Men’s and Women’s Center Advocates: x 5878

Filing a report does not commit you to pressing charges, but the information you provide about an incident or individual may be critical to preventing further violence. However, the college may follow-up on a campus report regardless of whether the victim wants to press charges, if it is deemed that there is a threat to the campus community.

2005/6 Academic Catalog