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I. Introduction
The University understands that sexual misconduct is a reality on college campuses and throughout society. Sexual misconduct is unacceptable behavior that will not be tolerated, and violations will be adjudicated to the fullest extent possible.
Students who report sexual misconduct shall be informed of and encouraged to use all appropriate University, law enforcement, and community resources. Those accused of sexual misconduct shall receive due process in accordance with University policies and procedures.
Any actual or threatened retaliation or any act of intimidation to prevent or otherwise obstruct the reporting of sexual misconduct or the participation in proceedings related to sexual misconduct by an accused student or third party is prohibited and will result in disciplinary sanctions.
The University believes that no person should bear the effects of sexual misconduct alone. When such incidents occur, the University’s paramount concern is for the safety, health, and well-being of those affected. To support and assist students, the University provides a wide range of services and resources. Please see the section below on Resources for Medical, Counseling and Pastoral Care and the Dean of Student’s Sexual Violence Prevention website.
II. Definitions of Sexual Misconduct
The University affirms that sexual relationships are designed by God to be expressed solely within a marriage between husband and wife. Sexual acts of any kind outside the confines of marriage are inconsistent with the teachings and moral values of the Catholic Church and are prohibited. The Catholic University of America promotes respect for persons' bodily integrity, chastity, and the sacredness of human sexuality. All members of our community share responsibility for creating and maintaining an environment which promotes the safety and dignity of each person.
A. Sexual Assault is any sexual intercourse by any person upon another with force or without consent. It includes oral, anal and vaginal penetration, to any degree, with any object.
B. Non-consensual Sexual Contact is any sexual touching with any object, by any person upon another, without consent. Sexual touching is contact of a sexual nature, however slight.
C. Other prohibited forms of Sexual Misconduct include, but are not limited to: indecent exposure; sexual exhibitionism; use of communication systems (computers, telephones, etc.) to send unwanted sexual material and messages; prostitution or the solicitation or employment of a prostitute; peeping or other voyeurism; or indecent conduct such as allowing others to view consensual sexual activity or the non-consensual video or audio recording of sexual activity.
D. Consent is informed, freely given, mutually understandable words or actions that indicate a willingness to participate in a mutually agreed upon sexual activity. Effective consent may never be obtained when there is a threat of force or violence, or any other form of coercion or intimidation, whether physical or psychological. A current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent cannot be obtained from someone who is mentally or physically incapacitated whether due to drugs, alcohol or some other condition, or from a minor. Silence or lack of active resistance does not imply consent. Intoxication is not an excuse for failure to obtain consent. A person incapacitated by alcohol or drug consumption, or who is unconscious or asleep or otherwise physically or cognitively impaired, is incapable of giving consent.
III. Reporting and University Response Steps
To report an incident of sexual misconduct, contact the Department of Public Safety (DPS) at tel. (202) 319-5111. DPS is available 24 hours a day, 7 days a week, and will contact the DC Metropolitan Police Department (MPD) or other local law enforcement agencies as necessary. Individuals who have been subjected to sexual misconduct are always free to report it directly to local law enforcement, but should contact DPS, who will assist them in contacting the appropriate authorities.
A student always has the option to pursue a criminal complaint with the appropriate law enforcement agency, to pursue the University’s disciplinary process, or to pursue both processes simultaneously.
Reports may also be made to the Equal Opportunity Officer/Title IX Coordinator at tel. (202) 319-6594 or the Dean of Students at tel. (202) 319-5619.
If a report of sexual misconduct is made to any staff or faculty member of the University, the faculty or staff member shall contact the Department of Public Safety at tel. (202) 319-5111. DPS shall inform the Dean of Students, the Equal Opportunity Officer/Title IX Coordinator and the General Counsel.
At times, students are hesitant to report the occurrence of a sexual misconduct to University officials because they are concerned that they themselves or witnesses may be charged with other lesser policy violations (e.g. visitation or alcohol violations). The importance of dealing with alleged sexual misconduct is a paramount consideration. Accordingly, in these cases, the University may postpone its decisions regarding other disciplinary action against a student who makes a report of sexual misconduct, or against a witness to the incident.
IV. Resources for Medical, Counseling and Pastoral Care
It is especially important for students who report having been subjected to sexual misconduct to seek immediate and appropriate medical treatment. Following such incidents, students should not shower, eat, change clothes or brush teeth prior to seeking medical attention.
Student Health Services is open from Monday through Friday from 9 am – 5 pm during the academic year and is equipped to provide confidential and professional medical care. SHS can be reached in the Kane Health & Fitness Center or at tel. (202) 319-5744. While the SHS staff is unable to collect evidence for the purposes of pursuing criminal prosecution, they can provide assistance and support when a student requests or requires transportation to the hospital.
The SANE (Sexual Assault Nurse Examiner) Program at Washington Hospital Center (WHC) provides comprehensive nursing care, medical testing, forensic evidence collection, and support services free of charge within four days (96 hours) of the assault. Emergency Room staff may ask if the student wishes to speak to the police; this decision is up to the student.
A student will not be required to file a police report if a SANE nurse collects evidence. The SANE Program will hold evidence collected for 90 days should the complainant choose to file a report with MPD within that time.
If the student goes to a hospital other than WHC, she/he can request to be transported to WHC for evidence collection and a physical exam. If the student chooses not to go through with evidence collection, she/he is encouraged to make an appointment at SHS or any local hospital for follow-up care.
The University Counseling Center is staffed by trained professionals who can provide specialized support and assistance to students who have been subjected to sexual misconduct. Current students may seek counseling at any time, no matter how long ago the incident occurred. Counseling services also are available to friends of a victim who may need support in assisting the student. The Counseling Center can be reached at tel. (202) 319-5765 or at http://counseling.cua.edu/.
The Campus Ministry staff is trained to provide pastoral counseling and support to students or to friends who wish to support and assist them. Campus Ministry can be reached at tel. (202) 319-5575 or at ministry.cua.edu.
The on-campus resources listed above are available to all Catholic University students including victims, accused students and witnesses in sexual misconduct cases.
In addition to campus counseling, students may contact local community resources, including the DC Rape Crisis Center [24-hour Hotline: tel. (202) 333-7273; Business: tel. (202) 232-0789; web site http://www.dcrcc.org/.] The DC Rape Crisis Center can send an advocate to the hospital to assist throughout the evidence collection process. A list of community resources and area hospitals is also available in the Office of the Dean of Students.
V. Confidentiality
Under DC law, an adult (18 years or older) with a complaint of sexual misconduct may speak confidentially, subject to the limitations discussed below, with certain persons in legally protected roles. These roles include professional counselors (including but not limited to those in the CUA Counseling Center), physicians (including but not limited to those in the CUA Student Health Services), clergy when the communication is made in their professional capacity of giving religious or spiritual advice, and licensed rape crisis/sexual assault counselors. The professional being consulted should make any limits upon confidentiality clear before a student-client begins to provide information. In situations where disclosure is not required by law, professionals are encouraged to inform students being counseled of procedures for voluntarily reporting the incident to law enforcement authorities.
The University will make every reasonable effort to preserve an individual’s privacy and protect the confidentiality of information. At the same time, the University has the responsibility to protect the community at large. In light of this responsibility, certain cases may warrant investigation regardless of the preferences of the individual reporting the incident.
VI. Prevention Education
The University’s Sexual Assault Prevention education is coordinated through the Office of the Dean of Students. Through collaborative efforts with other University departments, the Office of the Dean of Students works to prevent sexual violence and harassment through education, awareness and skill building. Programs include self-defense workshops, educational seminars, peer theater, advocacy projections, resource information, and referral and Sexual Assault Awareness Week. See Sexual Assault Education and Awareness for further information.
VII. University Disciplinary Action
Allegations of sexual misconduct may be adjudicated under the disciplinary procedures outlined in the Code of Student Conduct, regardless of whether they are also reported as a crime to local police or the subject of any criminal or civil action. Disciplinary action at the University may proceed while criminal or civil proceedings are pending, and will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced, that no criminal charges have been brought, or that any civil action has been dismissed. Penalties shall be administered independent of any pending civil or criminal action or settlement reached. The full range of disciplinary sanctions, including expulsion from the University, may be considered, depending on the nature and severity of the offense.
Both the student subjected to the misconduct and the accused student shall have the same opportunities to have an advisor present during a disciplinary proceeding and shall be informed of the final determination and any sanctions imposed against the accused student for a finding of sexual misconduct. Proceedings will not be dismissed simply because the accused student withdraws from the University.
VIII. Mandatory Reporting of Child Sexual Assault/Abuse
DC Code §4-1321.02 requires that certain persons make a report of child (a minor under 18 years of age) sexual assault/abuse to the DC Child and Family Services Agency or to MPD at tel. (202) 576-6768.
The persons required to make a report include the following:
Physician, psychologist, registered nurse, licensed practical nurse, person involved in the care and treatment of patients, law-enforcement officer, school official, teacher/faculty member, athletic coach, social service worker, day care worker, and mental health professional as defined in DC Code §7-1201.01(11). Priests are required to report sexual assault or abuse of a minor in accord with the Archdiocese of Washington Child Protection Policy. |
