Sexual assaults violate the legal rights of individuals and undermine the University as a civil and caring environment within which to learn and work. To address the myriad issues presented by sexual assaults, the University will: (1) provide educational information about the nature of sexual assaults and how they can be prevented; (2) offer support and assistance for those who have been sexually assaulted; and (3) administer appropriate consequences to those who have been judged responsible for sexually assaultive acts.

Definition of Sexual Assault:

A sexual assault is an act of rape, forcible sodomy, and forcible sexual penetration, however slight, of another person's anal or genital opening with an object. Touching an unwilling person's private intimate parts (defined as genitalia, groin, breast, buttocks or clothing covering them) or forcing an unwilling person to touch another's intimate parts is also assaultive behavior. When committed either by force, threat, intimidation or through the use of the victim's mental or physical helplessness of which the perpetrator was aware or should have been aware, these acts constitute sexual assaults.

Sexual Assault Policy:

No form of sexual assault will be tolerated at FHSU. This policy prohibits acts defined as sexual assaults as well as attempts to coerce an unwilling person to engage in sexual activity.

In order to implement this policy, the University will engage in timely educational activities to inform members of the community about the types of sexual actions deemed unacceptable and how assaultive situations can be prevented and/or avoided. The University will also take action against those who violate this policy.

Procedure

Any individual can report an incident that he/she perceives to be a sexual assault. However, university staff, including residence hall assistants, are required to report incidents of which they become aware to the Assistant Vice President for Student Affairs/Director of Student Support Services in the Kelly Center. Victims of sexual assaults will be encouraged and assisted to report assaults to civil authorities. The University has established procedures for investigating and administering sanctions in instances of sexual assaults.

A. Reporting Procedures

1. University police should be notified immediately after an incident. The purposes of this initial contact are to render immediate assistance to the victim, to protect evidence associated with the assault, and to protect others who may be assaulted.

2. The person who has been sexually assaulted should seek immediate medical attention from the Student Health Service, a hospital, or a personal physician. The medical examination is important. The physician will collect specimens and make detailed notes about the physical evidence such as bruises, cuts, and traces of semen. The victim of sexual assault can decide later whether or not to pursue legal action against the attacker. However, evidence can only be collected immediately after the assault. It cannot be retrieved later. The healthcare professional can test later for sexually transmitted diseases and pregnancy.

3. As soon as possible, University police should contact the Kelly Center on-call psychologist to provide psychological support to the victim. The goals of this intervention are to stabilize the victim's condition, to present to the victim alternatives for continued support and to present options for redressing the assault through administrative and/or civil procedures.

4. The Kelly Center on-call psychologist will notify the Assistant Vice President for Student Affairs/Director of Student Support Services (campus sexual assault coordinator) that a sexual assault has occurred. A report of the incident will be filed in the Kelly Center and a copy of all documents associated with it forwarded to the Assistant Vice President for Student Affairs in charge of campus judicial procedures in the Office of the Vice President for Student Affairs.

B. Administrative Review Procedures

1. The Assistant Vice President for Student Affairs will follow the procedures described under the section "Student Discipline," found late in this handbook.