Sexual Assault and Misconduct Prevention Programs
Division of Student Life, University of the Pacific
The University of the Pacific has a zero-tolerance policy toward sexual misconduct and engages in a broad array of developmental efforts to provide prevention education regarding sexual misconduct and alcohol awareness. These efforts include comprehensive sexual misconduct awareness campaigns, tailored educational programs, personalized counseling, specialized adjudication procedures to encourage victim reporting, and strong advocacy and support to crime victims.
- University Policies
The University has outlined clear policies in the Student Code of Conduct that define and prohibit sexual misconduct and alcohol and drug abuse. These policies are found in the Tiger Lore Student Handbook presented annually to Pacific students.
During the spring semester of 2009 a workgroup was convened to review and update policies related to sexual misconduct. This group included representation from Public Safety, Counseling Services, Athletics, Judicial Affairs and both graduate and undergraduate students. As a result of their work, the sexual misconduct policy has been rewritten to provide students with clear definitions of prohibited behaviors, available resources and procedures for adjudication.
Sexual misconduct, including sexual assault, is expressly prohibited on campus and in the University community. The University Department of Public Safety's website also provides detailed information for students that believe they, or someone they know, has been a victim of sexual misconduct including crime definitions and a number of resources available both on and off campus.
Acquaintance rape accounts for the majority of rapes committed and includes situations in which a victim is physically or mentally unable to consent (often the result of alcohol or drug intoxication). Violators can be arrested, charged with a felony crime, and may face University discipline.
- Sexual Misconduct Introduction
Pacific community members shall be able to pursue their interests in a safe and respectful environment free from any form of sexual misconduct. The University will not tolerate such acts against its members, will evaluate known incidents of alleged sexual misconduct, and, when appropriate, apply student conduct action.
Violations of the Sexual Misconduct Policy are forms of sexual harassment, which constitute prohibited sex-based discrimination, under Title IX of the Education Amendments Act of 1972 and other public laws and their associated regulations. University of the Pacific addresses Sexual Misconduct Policy violations as forms of prohibited gender-based discrimination not only as violations of the Student Code of Conduct, but also as a gender-based discrimination grievance through the Student Conduct Review process. Therefore, the process of review by the Student Conduct Review Board is Pacific's gender-based discrimination grievance procedure under Title IX.
This policy pertains to incidents of sexual misconduct between students or when the alleged perpetrator is a student. Alleged victims may be of any gender or sexual orientation. This policy defines sexual misconduct and the activities that constitute a violation; identifies procedures for responding to incidents; outlines options for reporting alleged violations; and explains the student conduct hearing process for alleged violations. In instances where a student asserts that a faculty or staff member has engaged in sexual misconduct, a student should make a report with the Department of Human Resources (209.946.2740) or alert the Director of Student Conduct and Community Standards (209.946.2177) who will assist the student in making a report.
Reporting is the only way the University can take action against an alleged violator of the policy. Students may choose to file a report of alleged sexual misconduct at any point in time; however, anyone that is made aware of an alleged assault is strongly encouraged to report incidents to appropriate University officials as soon as possible. Reporting within 72 hours will help ensure that a student receives appropriate medical attention and emotional support. Timely reporting will also aid in the collection and preservation of potential evidence. In order to provide the level of care to reporting of such events and to avoid any failures of communications, the University expects that a student's reporting of alleged incidents of sexual misconduct should include an electronic, email, or in-person report to a University staff member who is at the director or higher level in administration.
The University encourages victims of sexual misconduct to report it to University officials, but recognizes that some victims are hesitant to report to University officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of our community that as many victims as possible choose to report to University officials. To encourage reporting, the University pursues a policy of offering victims amnesty from policy violations related to the incident.
The University reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect students' rights and personal safety. Such measures include, but are not limited to, modification of living arrangements, interim suspension from campus pending a hearing, and reporting to the local police. Prosecution by the criminal justice authorities is not a requirement for the student conduct process to be initiated.
Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the university reserves the right to impose differing sanctions, ranging from verbal warning to dismissal, depending on the severity of the offense. The university will consider the concerns and rights of both the complainant and the person and the person accused of sexual misconduct when making determinations.
- Educational Programs and Presentations
Educational Programs and Presentations
Introduction Beginning with Student Orientation
At student orientation, new students participate with trained student leaders in facilitated discussions regarding University policy. They also attend an educational presentation called "The Way We See It," which addresses alcohol, sexual misconduct and other challenging situations facing college students. Participants have the opportunity to ask questions and engage in discussion with the student leaders. These topics are also addressed with parents during family orientation sessions.
The Student Victim Advocate, Counseling Center staff and other professionals from the Pacific campus and Stockton community regularly conduct educational presentations in classrooms throughout campus.
Campus Presentations and Events
Nationally recognized speakers on the effects of alcohol and drug use, sexual misconduct, and other risk factors for college students are regularly included as a part of the event and speaker series provided for the campus community, as well as for specific student groups such as members of fraternities and sororities or student athletes. In spring 2009, "Nonviolent Sexuality" speaker Bob Hall addressed the athletes. The featured campus speaker in fall 2008 was Summer Stephan, JD, a Pacific alumna and the Deputy District Attorney in San Diego County for over eighteen years. From 2005 to early 2008, she was the chief of the Sex Crimes and Stalking Division before being promoted to chief of the North Branch of the San Diego County District Attorney's Office.
Pacific's annual Women's Leadership Conference has included sessions that address sexual misconduct, the effects of drugs and alcohol, and other challenges facing college and community women.
Training for Student Employees and Leaders
All Resident Assistants (RAs), Graduate Residence Directors (GRDs), Student Academic Advisors, and Peer Health Educators receive specialized training to address alcohol, drugs and sexual misconduct. RAs are required to host educational programs on these topics for their student residents.
Pacific's Director of Judicial Affairs conducts presentations in residence halls and Greek houses that involve information on state and federal laws regarding alcohol consumption, blood alcohol levels, norms misperceptions, recognizing signs of alcohol poisoning, sexual misconduct and strategies for reducing students' risk of harm if they choose to drink.
Pacific's Student Victim Advocate makes several sexual misconduct prevention presentations throughout the year. She has presented during rallies, Resident Assistant trainings, to fraternities, to the Human Sexuality class, and during student conferences, including the Women's Leadership Conference.
Two alcohol education/intervention programs were developed for the 2008-09 academic year. The first course is designed for first-time, low level alcohol related violations. The intervention includes an online personalized behavioral assessment and feedback program paired with a three-hour course that integrates alcohol skills, norms correction and self-reflection.
The second intervention program is designed for high-risk and repeat offenders. This program utilizes an evidence-based intervention strategy identified by the National Institute of Alcohol Abuse and Alcoholism as successful with college students. Students receive a personalized assessment during their first session with a counselor, are required to complete several assignments including the online assessment, meet again with their counselor to receive personalized feedback related to their drinking behaviors and finally discuss ways to reduce their alcohol consumption level and other strategies for reducing the potential for harm.
Fraternities and Sororities
Social Greek members regularly attend educational programming to address alcohol, drugs, sexual misconduct and hazing. All new members of social fraternities and sororities must go through event monitor training, which focuses on managing risk at events as well as identifying individuals that might need medical attention due to alcohol consumption. New members also attend a presentation on numerous issues, including risk management and liability, alcohol consumption, and sexual misconduct.
All students planning to host events with alcohol are required to attend social host training, which includes strategies for reducing risks for both hosts and guests. Members are required to attend social host training each year. During the 2008-09 academic year more than 600 students were trained.
Each year, the Director of Athletics meets with every athletic team to address issues related to alcohol, drug use and sexual misconduct. Each semester, our student athletes attend an educational presentation on vital topics including alcohol, drugs and sexual misconduct.
Athletics also regularly hosts nationally recognized experts on the effects of drug and alcohol use, sexual misconduct, and related issues among college students and requires that all student athletes participate in these presentations. These speakers have included Bernie McGrenahan, Lori Hart Ebert, Will Keim, Bobby Petrocelli and Mike Green.
- Procedures for Victims
Immediate Action: The student is encouraged to discuss the assault confidentially with the Pacific Student Victim Advocate or a therapist from Counseling Services. The student may also consider seeking assistance and support from someone he or she trusts, such as a friend, coach, faculty member, or other University staff member; however, these individuals are not confidential resources and are required to report the incident as required by the Clery Act. For emergency assistance, the student may contact:
- Pacific Student Victim Advocate 209.403.0250
- Counseling Services 209.946.2315 ext.2
- Residence Director on Call 209.401.9854
- Department of Public Safety 209.946.3911
- Women's Center of San Joaquin County 209.465.4997. The Women's Center of San Joaquin County, which serves males as well as females, has a 24-hour rape crisis advocate who can offer assistance.
Medical Attention: The student should seek immediate medical attention at San Joaquin County General Hospital (209.468.6000) within 72 hours of the assault. The medical exam includes checking for injuries, screening for sexually transmitted infections, gathering evidence, providing medications with follow-up care, and preserving a legal chain of command of the evidence. Evidence collected during the exam will be preserved in the event the student decides at a later point to press charges. Filing a police report at the hospital will ensure the student is not charged for any treatment. The student may ask for an advocate (both are confidential) from either the Women's Center of San Joaquin County (209.465.4997) or the University's Victim Advocate (209.403.0250) to offer support at the hospital. Cowell Wellness Center is available to provide follow-up non-evidentiary medical tests and medications (209.946.2315 ext. 1).
Preserving Evidence: Students should attempt to preserve evidence at the scene in the following ways: leave the scene undisturbed to allow professionals to collect the evidence; if not able to leave the scene undisturbed the student may collect bedding and/or other loose fabrics in the immediate area of the assault which should be stored in a paper bag (not plastic); for evidence; if a prophylactic device of any type was used and remains at the scene of the incident, the student should attempt to retrieve it and/or any other debris and preserve it in a paper bag, do not bathe, urinate, douche, brush her/his teeth, drink liquids, or change clothing before seeking medical attention at a hospital; if the student has already changed clothes, she/he should bring all the original clothing to the hospital in a paper bag; all evidentiary materials should be placed in separate paper bags to prevent cross contamination of evidence. Plastic bags damage evidence.
- University Reporting and Support
Pacific takes incidents of sexual misconduct very seriously and strongly encourages students to report all incidents. Students are free to report instances of sexual misconduct to the University regardless of whether or not they choose to press formal charges with law enforcement.
In all situations, Pacific's goal is to treat all complainants (alleged victims) with sensitivity and fairness while also ensuring that the respondent (alleged perpetrator) receives appropriate due process. Both the complainant and the respondent are entitled to a support person throughout the reporting, investigation and hearing process. Please refer to Modified Hearing Procedures for Victim/Witness Protection (Section 46) for more information.
If a student discusses the incident with a University staff, or faculty member, with the exception of therapists from Counseling Services and the Student Victim Advocate, who are confidential resources, the staff member or faculty member must contact the Student Victim Advocate to file an Anonymous Report of sexual misconduct, which will be forwarded to Public Safety, as required by the Clery Act.
Options for Filing a Report
Confidential Report of Sexual Misconduct (Anonymous Report): Any student, staff, or faculty member may file an anonymous report. The report form need not include the name of the complainant nor the accused unless the student chooses to include them. Initials of the complainant should be included to be able to keep a record of the report in the event the complainant wishes to file a formal report at a future time. Filing an anonymous report will assist the University in compiling crime statistics. It will not result in a police investigation. Copies of the report form are available online and can be found on the Student Victim Advocate site found on the Public Safety main page. http://www.pacific.edu/Student-Life/SafetyPacific.html
Formal reports: Students may elect to file a formal report through the Student Victim Advocate or Public Safety. A formal report will include the names of the student filing the report and will include the name of the accused, if known. If a student chooses to file a formal report, then either or both of the following procedures may result:
- University Student Conduct Process: The Director of Student Conduct and Community Standards will review the referral to determine if there is sufficient evidence to file a complaint against a student for a violation of this Code and to hold a student conduct hearing or engage in alternative complaint resolution options.
- Criminal Justice Process: The report may lead to a review by the criminal justice system, whether or not the University judicial system is reviewing the matter. Students may choose to report these incidents to the University's Department of Public Safety or to any other law enforcement agency. The Student Victim Advocate or Public Safety Officer can assist in the reporting process within the criminal justice system.
- Civil Suits: A victim can file a civil suit for monetary damages against an alleged perpetrator for causing physical or emotional injuries, regardless of the outcome of the student conduct process or criminal prosecution.
Student Victim Advocate (209.403.0250): Trained to support and assist any student who has experienced a sexual assault, harassment, or crime. The Student Victim Advocate can explain options regarding medical care, academic concerns, housing, counseling, student conduct process, and filing a report.
Reassignment of Rooms & Classes: When a student alleging a sexual assault or sexual harassment and the accused attend the same class or reside in the same campus residence or in close proximity to one another, the student may make a request through the Student Victim Advocate for consideration of immediate reassignment. The Student Victim Advocate will consult with the appropriate areas and request that changes be made if possible regarding class changes. A safe room is available on a temporary basis through the Student Victim Advocate.
Education and Counseling: University of the Pacific offers educational programming to students, faculty, and staff on sexual assault and sexual harassment. The University provides medical treatment and counseling to students who may have been a victim of sexual misconduct.
- Campus Resources
Incidences of Alcohol and Substance Abuse and Sexual Misconduct
Students who choose to come forward and file a complaint with the Office of Judicial Affairs can utilize specialized hearing procedures for cases of harassment, coercion, discrimination and sexual misconduct. The hearing procedures seek to minimize the direct contact between the alleged victim and the accused, while ensuring the rights of all parties to a fair hearing.
Student victims are provided support and advocacy from Pacific's professional Victim Advocate, a former police officer, who is on call twenty-four hours a day, seven days per week.
Public Safety officers conduct self-defense classes for students, make awareness presentations to classes and conduct an annual safety walk with members of student government (Associated Students of University of the Pacific) to spot areas of campus that require better lighting or should be improved in some other way. Emergency phones connected directly to Public Safety are located throughout the campus. In the event of a report of sexual assault, Public Safety works closely with the Stockton Police Department, which handles sexual assault investigations on campus.
Campus-wide community meetings are held on a regular basis to provide opportunities for the campus community to communicate information relevant to all community members; reinforce shared values, expectations, and standards of behavior; and to process and collectively respond to campus issues or incidents.