Sexual Misconduct Reporting Memo
University of the Pacific
Memo to Stockton Campus Faculty and Staff
April 15, 2011
Support services for sexual misconduct victims and requirements for reporting sexual misconduct
To Stockton Campus Faculty and Staff:
The University has a zero-tolerance policy prohibiting student sexual assault, sexual harassment or sexual violence, collectively referred to as "sexual misconduct."
Victim Support Resources
If sexual misconduct occurs and a student informs you of it, please refer the student to Pacific's emergency services designed to support victims. Confidential student resources include:
- Student Victim Advocate - (209) 403-0250 (available 24/7)
- Counseling Services therapists at Cowell Wellness Center - (209) 946-2315 x2
- University Chaplain (Morris Chapel) - (209) 946-3262
Student Victim Advocate
Student victims and witnesses should be encouraged to utilize the services of the Student Victim Advocate (SVA). The SVA provides referrals to additional resources including: counseling, change in on-campus housing, advocacy with classes and faculty, safe room, and other appropriate referrals for resources both on and off campus including options for filing judicial or police reports if the victim chooses to do so. Though the SVA is considered a confidential resource in protecting a victim's identity, the SVA does report anonymous statistical accounts of incidents on campus under the Clery Act.
Counseling Services and Chaplain
The University Chaplain and the professional therapists from the Cowell Wellness Center are specifically exempt from the reporting requirement and are, in fact, restrained by professional and ethical guidelines from disclosing information reported to them in confidence absent the express authorization of the reporting party. The chaplain and professional therapists will provide any victim or witness who reports an incident of sexual misconduct with information regarding campus resources and procedures for voluntarily and anonymously reporting incidents to the Department of Public Safety. Cowell Wellness Center therapists, and the Student Victim Advocate are mandated to report cases of self harm, those threatening to harm others, and cases of child or elder abuse. Such reporting is not confidential or anonymous.
In addition to the confidential resources above, the following offices can provide treatment and accept reports of sexual misconduct:
- Pacific Health Services - (209) 946-2315
- Human Resources - (209) 946-2124
- Public Safety - (209) 946-3911
- Student Conduct - (209) 946-2177
With the exception of Pacific Health Services, these offices are responsible for Pacific's compliance and enforcement of Title IX, the Clery Act and other federal laws. They also have investigatory powers and are legally required to report incidents to the appropriate law enforcement or other agency. The nurse practitioners within Pacific Health Services are available to provide immediate medical care and treatment. Although they may not keep sexual misconduct information anonymous, it will be kept confidential.
Under the Clery Act, certain University officials with significant responsibility for student and campus activities are considered "campus security authorities" and are legally required to report anonymous statistical information to the Department of Public Safety regarding crimes occurring on campus. Those individuals include:
- University administrators
- Faculty or staff advisors to student organizations
- Student Life staff
- Housing and Greek Life staff and student staff
- Director of the Office of Student Conduct and Community Standards
- Director of Intercollegiate Athletics, coaches and Athletics staff
Federal and state laws and University policy define the obligation to report incidents of student sexual misconduct. Many of these requirements derive from Title VII, Title IX and the Clery Act. In addition to legal requirements, the University strongly encourages all faculty and staff to immediately report incidents of potential sexual misconduct to the Department of Public Safety.
Sexual Misconduct Report Form
An anonymous Sexual Misconduct Report Form and instructions can be found on the Student Victim Advocate web page. Filing an anonymous report will assist the University in compiling crime statistics. It will not result in a police investigation unless requested by the victim.