(Adopted by the Campus Council, September 23, 1993)
Policy Statement
It is the policy of the University of Arkansas to prohibit sexual assault and
to prevent sex offenses committed against students, employees, visitors to the
campus, and other persons who use University facilities.
Sexual assault is an extreme form of sexual harassment. Sexual harassment is
prohibited by University policy and is a form of sex discrimination prohibited
by Title VI of the Civil Rights Act of 1964 and by Title IX of the Education
Amendments of 1972. Sexual assault is also a crime, defined by the Arkansas
criminal code.
Definitions
Sexual assault may include any involuntary sexual act which a person is
threatened, coerced, or forced to engage in against her or his will. Sexual
assault may be committed by a stranger or by an acquaintance.
Acts defined as sexual assault include rape, date rape, acquaintance rape,
and gang rape, but may also include sexual touching of another person against
his or her will, and forcing an unwilling person to touch another person
sexually.
Sexual assault occurs when such acts are committed either by force, threat,
or intimidation, or through the use of the victim's mental or physical
helplessness, of which the assailant was aware or should have been aware.
Responsibility to Report
Any student, faculty member, staff member, administrator, or visitor to the
campus who has experienced or witnessed sexual assault should report the assault
immediately to the University Police (Department of Public Safety). If the
assault occurred outside the jurisdiction of University Police, they will assist
in reporting it to the proper authorities.
Sexual assault may also be reported to the Fayetteville police, if it
occurred within the city limits, or to the police of another municipality if the
assault occurred within another township or city which has a police force. It
may be reported to the Washington County Sheriff's Department if it occurred
outside city limits but within the county. Sexual assault may also be reported
to the community Rape Crisis Help Line.
Preserving Evidence
It is important that evidence of sexual assault be preserved, because it may
be necessary as proof in a criminal case. Victims and others should not alter
the scene of the attack. The victim should not change clothes or take a bath
before calling the police or Rape Crisis. The victim should be taken to a local
hospital which has kits to collect and preserve evidence of rape and sexual
assault.
Availability of Counseling
Counseling and other mental health services for victims of sexual assault are
available on campus and in the community. Students and employees may use the
Counseling and Psychological Services (CAPS) unit of the University Health
Center. The Psychological Clinic of the Department of Psychology may be able to
provide assistance in some cases. Community mental health agencies, such as the
Ozark Guidance Center, and counselors and psychotherapists in private practice
in the area can provide individual and group therapy. The Rape Crisis Help Line
may make referrals for individual counseling and support groups.
Education and Awareness Programs
The Sexual Health Education Coordinator in the Department of Health Promotion
and Education of the University of Arkansas Health Center is responsible for
planning and coordinating campus education and awareness programs about all
forms of sexual assault, including rape, acquaintance rape, and other sex
offenses. Programs are presented regularly throughout the academic year in
residence halls, fraternities, sororities, and for student organizations,
academic classes, and in other settings that are likely to reach people
throughout the campus community. Campus wide education and awareness activities
are also conducted during Sexual Assault Prevention Week.
Other campus resources for sexual assault awareness, education, and
prevention include the peer education group Sexual Harassment and Rape
Prevention (SHARP), and the Sexual Assault Victim Advocacy and Education Program
(SAVE), sponsored by Rape Crisis, the University Health Center, and the Alliance
for Women's Concerns. A peer education course in sexual assault prevention will
be offered, starting in the Spring of 1994.
University Judicial System
When appropriate, the University Police (Department of Public Safety) or any
member of the University community may refer allegations of sexual assault to
the University judicial system. The judicial system, which is described in the
Undergraduate Studies Catalog, provides a just and equitable process for dealing
with alleged infractions by students of University rules, regulations, or laws.
The system is informal and non adversarial, and is intended to educate students,
to help them make responsible decisions, and to be accountable for their
actions.
In some instances, it may be appropriate for University faculty and staff
members to use the University's formal grievance procedures to address
grievances related to allegations of sexual assault. The faculty grievance
procedure is described in the University of Arkansas Faculty Handbook.. The
staff grievance procedure is described in the Staff Handbook.
During University judicial proceedings and grievance procedures, both the
accuser and the person accused are entitled to the same opportunities to have
others present. Both the accuser and the person accused shall be informed of the
outcome of any campus judicial proceeding or grievance procedure in which sexual
assault is alleged.
Disciplinary Action
Students and employees who are convicted of sexual assault may also be
subject to university disciplinary action. According to the circumstances of the
case, possible sanctions may range from a formal reprimand to dismissal from the
University.
Victims of sexual assault may receive assistance in making reasonable changes
in their work, academic, or living situations. Students may request assistance
in changing their living situations from Residence Life and Dining Services.
Requests for academic changes should be directed to the dean of the appropriate
college. Staff may request assistance in changing their work situations from
their supervisors or from the Department of Human Resources. Requests for such
changes will be considered on the basis of their appropriateness and whether the
requested change is reasonably available.