A. POSITION STATEMENT

All members of the Wesleyan community should be treated with respect and be free from all forms of harassment and abuse.

B. POLICY

Sexual misconduct is a violation of University policy and encompasses harassment, coercion, intimidation and/or sexual assault. Sexual misconduct includes any sexual activity for which consent is not given. The sexual harassment policy defines and addresses incidents of harassment and can be found in its entirety in the student handbook.

C. DEFINITIONS

To better understand sexual misconduct, the following definitions are provided:

1. Consent:
Consent must be given by participants in sexual activity. Consent must be present throughout the activity and can be revoked at any time; silence or a prior relationship, by themselves, are not sufficient to indicate consent. Consent may not be given by someone who is asleep, drugged, intoxicated, unconscious, a minor, or by anyone else whose capacity or ability to provide informed consent is otherwise impaired. If a participant is under the influence of alcohol or other drugsóeven if they were consumed prior to the sexual encounter and the other participant has no knowledge of their consumptionóshe or he may be unable to give consent as it is defined by state law. Likewise, an individual accused of sexual misconduct does not avoid responsibility because he or she (i.e., the individual accused) was under the influence of alcohol or other drugs.

2. Sexual assault:
For the purposes of this policy, sexual assault includes any unwanted, coerced, or forced sexual contact and/or sexual intercourse. Sexual assault can occur with both opposite sex and same sex participants.

3. Confidentiality:
You have the right to understand how speaking with someone will impact your confidentiality. When unsure, ask. With respect to a victimís needs, the University has an obligation to address incidents of violence. The clinical staff of Davison Health Center and the Office of Behavioral Health for Students are considered confidential resources on campus. All other university faculty and staff (including Residential Life resident assistants, house managers and other student staff members) are obligated to report incidents of assault to their supervisors. If an assault is reported to the University, confidentiality is to be maintained as much as reasonably practicable by everyone involved, including the alleged perpetrator and victim. There will be occasions, however, where information must be shared with others who have a legitimate need to know.

D. WHEN AN INCIDENT OF SEXUAL MISCONDUCT HAS OCCURRED

The following information is intended as a resource for students and offers suggested courses of action to be taken by a victim, supportive friend, an accused perpetrator or a witness. Some suggestions may not apply, depending upon the specifics of the incident.

IF YOU ARE A VICTIM

Victims of sexual misconduct are encouraged to seek immediate medical assistance and support, to consider reporting the incident, and to seek ongoing support in the aftermath of an assault. Options for each of these activities are detailed below. Please contact one or more of the following resources:

Office of Public Safety 685-3333 (Available 24 hours a day)

Davison Health Center 685-2470 (After hours on-call staff available)

Office of Behavioral Health for Students 685-2910 (After hours on-call staff available)

Central Connecticut Sexual Assault Crisis Service

(SACS) 888-999-5545 (English) 888-568-8332 (Spanish)

Middlesex Hospital 344-6686

Middletown Police 344-3200

IMMEDIATELY AFTER AN INCIDENT OF SEXUAL MISCONDUCT: Seek Medical Assistance and Support

To best address the physical and emotional needs in the aftermath of an incident of misconduct/assault, it is important to seek medical attention and counseling support as soon as possible. You are strongly advised to seek immediate medical attention at the Middlesex Hospital emergency room whether or not you know the person who assaulted you. While you may feel uncomfortable doing so, the purpose of seeking medical attention is to identify and treat physical injury, provide emergency contraception and/or medication to prevent possible transmission of sexually-transmitted infections, and to gather and preserve evidence. The potential benefits outweigh the discomfort of such medical attention.

1. It is important that medical professionals are able to collect any trace physical evidence from your clothes and body. In order to preserve evidence, avoid showering, bathing, changing your clothes or brushing your teeth. If clothing has been removed, store it in a paper bag and bring it to the hospital. You should take a change of clothes with you to the hospital in case the clothing worn at the time of the assault contains evidence which can be used to identify the assailant. The collection of physical evidence does not commit you to pressing charges against the alleged perpetrator, but it will assist investigators later if you choose to report the assault to the Middletown police. Call the Office of Public Safety if you need transportation to the hospital.

2. Medical Exam. In order to collect physical evidence, a clinician will perform a medical exam, including a sexual assault evidence collection kit ("rape kit") which collects bodily fluids, hair, or other markers of the assailantís identity This exam should be performed as soon as possible, but generally no later than 72 hours after the assault. There is no charge to the victim for the administration of the evidence collection kit.

Additionally, an exam may include, at your discretion, treatment of other injuries, an interview about the assault, tests for sexually transmitted diseases, including HIV, and a pregnancy test.

3. Seek follow-up care after the assault. Confidential counseling is available to students through the Office of Behavioral Health and off-campus, through Central Connecticut SACS. Follow-up testing or medical care can be done at the Davison Health Center or Community Health Center. Other staff members at Wesleyan can also serve as a source of support for survivors of assault; however, they may be obligated to report incidents. Make sure you understand how speaking with someone will impact your confidentiality.

Decide Whether to Report an Incident of Sexual Misconduct and How to Report It

You are encouraged to report an incident of sexual misconduct or assault so that the University can investigate and take appropriate action. We encourage all victims of crimes to report to the appropriate authorities. There are two main reporting options open to students: reporting to the University and reporting to the Middletown police. You may choose to use one or both of them.

The following provides some general information about reporting incidents of sexual misconduct.

Reporting Sexual Misconduct to the University

Contact the Office of Public Safety at 685-3333 or 911 (24 hours) or the Dean of Student Services Office at 685-2775 (during business hours). Or you may prefer to report the incident to a faculty or staff member (including Residential Life student staff) with whom you feel comfortable. Faculty and staff members must then report the incident to their supervisors. By reporting the incident to the University, Student Judicial Board charges against the alleged perpetrator will be initiated. The Office of the Dean may choose to take certain actions that would minimize contact between the alleged perpetrator and victim in day-to-day situations and in the judicial process. For information about Wesleyan judicial processes, refer to the Code of Non-Academic Conduct in the student handbook: http://www.wesleyan.edu/studenthandbook/.

You may also speak with the deans in the Dean of Student Services office to find general information about how this process works. If you would like to speak with someone confidentially prior to formally reporting the sexual misconduct, please contact the Davison Health Center or the Office of Behavioral Health for Students.

REPORTING SEXUAL MISCONDUCT TO THE MIDDLETOWN POLICE

Contact the Middletown Police Department at 344-3200. The investigating officer will explain the investigatory and legal processes that follow a report. Reporting an incident of sexual assault to the police begins a legal process that may or may not result in an arrest.

SEEK ONGOING SUPPORT

Individuals experience the aftermath of sexual assault differently and may take varying lengths of time to come to terms with their experience. You are encouraged to seek ongoing medical and psychological care as needed in order to help you cope with the incident. Support and counseling, both informal and professional, are key elements of sexual assault care beginning as early as possible and continuing as long as needed. Friends and family are often an invaluable source of support following an assault, but you may need additional support from the staff at the Office of Behavioral Health for Students (OBHS), the rape crisis counselors at Central Connecticut SACS, or other sources of counseling.

IF YOU HAVE BEEN ACCUSED OF SEXUAL MISCONDUCT:

You have the right to know and understand the charges against you, whether filed through the Student Judicial Board or the legal system. Information about Student Judicial Board proceedings can be found in the University Standards and Regulations section of this book, and the deans in the Office of Student Services will explain the process to you. You should be aware that any form of retaliation or intimidation towards someone who has filed a report will be considered a violation of the Code of Non-Academic Conduct. If criminal charges outside the University have been filed against you, you should seek legal advice to find out how a criminal investigation works. You are also encouraged to seek psychological support from staff at the Office of Behavioral Health for Students. Whether you feel you have committed a sexual assault or feel you were wrongly accused, it is important that you talk with a neutral, trained listener about the incident.

IF YOU WITNESS SEXUAL MISCONDUCT

If you think you may have witnessed an incident of sexual misconduct, you are encouraged to immediately report the incident to Public Safety or the Dean of Student Services office. To preserve confidentiality and the integrity of any investigation, do not discuss the incident with others to the extent possible. If you feel in any way traumatized by what you witnessed, you are encouraged to contact the therapists at Behavioral Health, the clinicians at the Health Center, or the Central Connecticut Sexual Assault Crisis Service

IF YOUíVE BEEN TOLD ABOUT AN INCIDENT OF SEXUAL MISCONDUCT IN CONFIDENCE

You may feel uncomfortable hearing about an incident of sexual misconduct, uncertain about what you should do with the information, or be unsure how you can help. If this is a crisis situation, review the instructions for victims of sexual misconduct and help the person get the assistance they need. Whether the incident just happened or occurred in the past, it is important that you let the person express her/his feelings. Let the person know the limits of the support you can provide. Encourage the person to speak with a therapist or other trained professional for additional assistance. It is also important to seek support for yourself, particularly if you are having difficulty coping with the situation. If you are a student staff member in Residential Life, you must report any incidents of sexual misconduct to your supervisor.

E. PREVENTION

Prevention of sexual misconduct requires a commitment from all members of the community in order to create a campus in which personal development and growth can occur safely. To assist in creating this type of campus community, the following suggestions are provided:

Educate yourself and others on the causes, impact, and prevention of sexual and other forms of violence. 

Work towards creating a non-violent society through political action, organizing or other activities you are interested in. 

Avoid being a bystander to situations which could potentially evolve into sexual misconduct. 

Intervene in situations where a friend or acquaintance may be at risk for assault.

Sixty to seventy percent of all sexual assaults are planned. I

f you learn of someone planning to take advantage of another person, confront the individual or ask for assistance to do so.

Confront myths or negative attitudes about sexual assault and rape when heard to prevent misinformation from being spread further.

Show respect for others by respecting their boundaries, physical and otherwise. This includes a personal decision to be alcohol-or drug-free.

Pay attention to the verbal and non-verbal signals others are giving to indicate whether they are a willing participant.

When in an intimate situation, be sure consent has been given before engaging in any sexual activity. 

Verbal consent is best; if you are unsure if your partner has consented to a particular activity, ask.

Avoid using alcohol or other drugs to subdue another personís ability to protest. 

Strive to keep your own alcohol and other drug use at a minimum in order to maintain good judgment and legally be able to give consent.

F. RISK REDUCTION

Since Wesleyan is not immune to acts of violence, sexual misconduct is a topic that must be taken seriously by the entire campus community. However, reducing the risk of sexual assault is not only a community responsibility but also an individual one. Individuals should understand that while it is possible to reduce oneís risk for assault, the responsibility for preventing the assault from happening lies with the potential perpetrator. Studies show that about one in three women on college campuses will be the target of either a completed or an attempted rape and that more than 80 percent of all women who experienced assault were acquainted with the person who assaulted them. It is also estimated that one in six men will be assaulted in their lifetime, most often by an acquaintance or relative. Both victims and assailants may be of the opposite or same sex as the victim, though studies of rape indicate the majority of cases involve a male perpetrator and female victim.

Sexual assault can occur both on and off campus. Sexual assault most often occurs in residence halls, apartments, or homes of either the victim or the perpetrator. It may also occur in academic buildings or other areas where a perpetrator can isolate their victim from others.

While the responsibility for any sexual misconduct lies with the perpetrator, there are many actions people can take to reduce the risk of becoming a victim.

Educate yourself on sexual assault and on risk reduction strategies.

Set your own sexual boundaries and communicate them clearly to a potential sexual partner before becoming intimate. 

Be alert to situations that could be misinterpreted.

Notice your fears and act on them. Your instincts are usually right.

Look for signs of a lack of respect. If someone does not respect your personal space or your wishes, it is possible they wonít respect you in a sexual situation either.

Be especially cautious in a new environment with unfamiliar people. This applies whether you are on campus, off campus or traveling. 

Avoid going to isolated rooms or areas with someone you do not know well.

Never leave a party or gathering with someone you donít know well, and donít accept a ride from a stranger.

Avoid walking in isolated areas when alone or with someone you do not know well.

You are safest traveling in well-lit areas with others familiar to you.

Attend social gatherings with friends and leave with them.

Make a plan for the evening and stick to it to ensure everyoneís safety.

Select a public place when meeting someone new for the first time. 

Have a friend with you or drive yourself and prearrange a way to leave the situation if your instincts tell you to do so. This is particularly important when the person is met via the Internet.

Watch your alcohol and other drug use. Studies of rape indicate that up to 75 percent of victims were under the influence of alcohol or other drugs at the time of the assault, often provided by the assailant. For the same reasons that it is important to remain sober to control a car, it is equally important to stay sober in order to maintain control of your judgment and be able to legally give consent.

Be your own bartender. Whether you are drinking alcohol or not, pour your own drinks to avoid being slipped a predatory ("date rape") drug by a potential assailant. Keep track of your drink at all times; get a fresh one if it was left unattended.

At times, you may find yourself in a situation you did not anticipate. If you feel uncomfortable with or threatened by another personís behavior, trust that instinctive reaction and take the following steps:

Keep the door to the room open or invite another person in.

Speak firmly and look directly at the other person when you refuse any activity. Say "no" firmly and repeatedly. Tell the offender to stop or leave. A reasonable person will see your rights and listen to a clear "no" message.

Shout, scream, or use a whistle if they do not listen. Use any means possible to make noise in order to draw attention to your situation. Whistles are available free from Public Safety.

Use self-defense techniques, if appropriate. Check with WesWELL and the Physical Education department for the availability of self-defense classes on campus. Try to get out of the situation any way possible, if you are able.

In addition, Public Safety encourages students to take the following precautions on and around campus:

Use the Safety Shuttle and Escort Service after dark.

Walk with friends. There really is safety in numbers.

Be aware of where the police and emergency call boxes are located on and around campus and use them in an emergency.

Keep your doors locked at all times.

Avoid propping outside doors to residential buildings open. If you see a door that has been propped open, close it or alert Public Safety.

Walk only in well-lit pathways and stay alert to any sign of suspicious circumstances or behavior.

Keep keys in hand when walking to your car, no matter where it is parked.

Report when lights around campus are out by calling Customer Service at x3400.

Report all incidents of harassment, assault, or other crimes and any suspicious people or incidents to Public Safety. Call 685-3333 or on campus x3333.

G. EDUCATIONAL RESOURCES

Educational programs and workshops to promote awareness about sexual misconduct issues are coordinated by several different offices, as well as various student organizations. These programs include presentations to new students at Orientation; workshops in the residence halls facilitated by peer educators and outside speakers; and campus-wide activities such as lighting and safety tours, speakers, films and other projects. A few of these resources include:

The staff of Central Connecticut SACS provides workshops, presentations, and professional training. Program topics include, but are not limited to, sexual date/acquaintance rape, harassment, healthy relationships, stalking, and date rape drugs.