Sexual Violation Protocols

4-2 DEFINITIONS Endangerment, Gross sexual imposition, Sexual imposition, Sexual assault, Surreptitious intrusion, and Stalking are described in Section 2-IV-A of the Code; and Sexual misconduct is described in Section 2-IV-C of the Code.

4-3 PREVENTING AND RESPONDING TO SEX OFFENSES UND attempts to foster a safe learning and living environment on-campus for all members of the campus community. To accomplish this, UND considers the physical surroundings, educational programming that addresses all aspects of sexual assault (safety precautions and prevention, crisis management, reporting, medical and counseling services, the UND discipline system, academic schedules, living arrangement, etc.), and the campus response to sexual violence. UND continually reviews and modifies its physical surroundings to enhance security and safety, such as campus lighting, locking procedures, and signage. For further safety information, contact the University of North Dakota Campus Police Department at 701-777-3491. UND develops curricular and co-curricular educational programs concerning sexual assault. Involved students, faculty, staff, and community members provide information and promote discussion on interpersonal abuse concerns. The University of North Dakota Police Department (UPD) supports the educational programs by providing input and personnel to accomplish this task. For further information about campus educational programs concerning sexual assault, contact the UND Counseling Center, the Housing Office, the Women’s Center, and/or Grand Forks Community Violence Intervention Center (CVIC).

4-4 REPORTING A guiding principle in the report of sexual violence is to avoid possible re-victimizing the complainant by forcing the individual into any plan of action. A student who has been sexually assaulted has several options. The University recommends that a person who has been assaulted may want to, in the first hours after an assault, consider:

1. Getting to a safe place.
2. Pursuing medical treatment. Seeking medical care post-assault can be performed at a local Emergency Room. Many hospitals, including Altru, have a specialized medical provider who can complete an exam for victims of sexual violence. Such an exam can help the student receive an appropriate medical assessment and treatment plan, and can preserve evidence for possible future action.
3. Pursuing counseling services with appropriate agencies. Calling someone that is known and trusted, such as a friend or counselor, and discussing with this person the assault can help to evaluate the trauma to sort out “next steps.”
4. Avoiding the destruction of evidence by bathing, douching, changing clothes, or cleaning up in any way. Preserve evidence in a paper bag for when report is filed.
5. Making a police report. You can initiate a campus and/or criminal complaint for the assault. For more information concerning the campus judicial process see Chapter 2-V of the Code. Alternatively, you can make a blind report to the police (a report that notifies the police that a sexual assault has occurred, but gives no names or identification).

(a) Consider filing a police report A report to the police can empower the complainant by exercising her/his legal rights and can aid in the protection of others.

• On-campus investigation is typically conducted by University Police Department. UPD has both an administrative role and a law enforcement role (see Section 8-5 of the Code).
• Off-campus cases are usually investigated by the Grand Forks Police or other law enforcement agency. When an investigation or legal proceedings are occurring off-campus, services are still available through the University. The Dean of Students Office or the Office of Affirmative Action can assist you in identifying the appropriate authorities. There may be consequences to waiting to file a police report. Early reports may improve the preparation of a viable prosecution. Filing a police report immediately following the incident does not force the complainant to file charges and prosecute the accused; however, it does aid in the preservation of valuable evidence if the complainant decides to prosecute at a later date. The States Attorney makes all decisions regarding the pursuit of alleged crimes reported to Law Enforcement. Alternatives to immediately filing a police report
• Making the decision to report at a later date.
• Making a complaint to the Dean of Students Office. Such a complaint may be used for actions which include, but are not limited to, on-campus judicial proceedings.
• University staff will encourage the complainant to file a police report. The police will then advise the complainant of the legal process.
• Contacting any of the referral agencies identified herein for help. If the complainant does not choose to file a police report, then s/he may still file a disciplinary complaint through the Dean of Students Office. The complainant will be referred to other agencies as appropriate. Specific services to which the student be encouraged to seek assistance are the UND Counseling Center, UND Women’s Center, Student Health, UND Counseling Center, the Affirmative Action Office, and/ or various Community resources such as CVIC.

(b) On-Going Care Students may seek assistance during business hours from the UND Counseling Center. University fees paid by students permit using this service with no point-of-service cost. Upon request, referrals to private providers and various support agencies for relatives, partners, and friends of either the complainant or accused may be made. Students may seek medical assistance from the UND Student Health Services. University fees paid by students permit Page 19 using this service with no point-of-service cost. Post-assault medical care includes testing and treating for sexually transmitted infections (STIs).

(c) On-campus Investigation and Adjudication UND’s response to sexual violence may involve a number of individuals and agencies (e.g., UPD, campus crisis team, medical and counseling services personnel, and CVIC). In addition, for cases involving campus community members, there is a timely, campus-based investigation which is private, thorough, and protects individual rights and process. The complainant is presented with options about how s/he wants to pursue the complaint. The Code describes the student conduct code procedures when a violation of the Code is reported to a Student Conduct Administrator (SCA). Reports of violence involving students are generally directed to the DOS Office, which manage investigations, and may act as SCAs or Judicial Officers when charges are brought. Mediation, including referral to the Conflict Resolution Center for the purpose of mediation between the parties, will not be used to resolve sexual violence complaints. Sections 2-5 and 2-7 of the Code outline processes and the protection of rights of parties in the disciplinary process. Complainant and accused student(s) have certain shared or complementary rights in disciplinary hearings. The rights below apply as addenda to the protocols identified in 2-5 and 2-7.

1. In cases that a written statement alleging acts that are harassing or discriminatory by a student against the complainant or other person, the SCA may withhold the right to read accusatory information until such time as the alleged offender provides a written statement or until a formal charge(s) is made against the accused student.
2. The complainant and the accused student have the right in any meeting to be assisted by an advisor, including an advisor they choose at their own expense. The advisor may be an attorney; in such cases, note that Guidelines for Attorneys who accompany accused students are available on the Dean of Students Office website. Included in these guidelines is a requirement of a fivebusiness day notice to the University of a student’s intent to be accompanied by an attorney.
3. The complainant and the accused student have the right to access and review any information that will be used in the hearing. The complainant may read any statement provided to the SCA.
4. The complainant and the accused student will be advised of the date, time, and location of a hearing, when scheduled. Both may attend and participate.
5. The SCA may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witness during the hearing, in whatever manner and as determined in the sole judgment of a SSCA, to be appropriate.
6. The SCA shall render the decision to the accused student and the complainant student in writing within five business days.
7. The student who was adjudicated or the complainant may appeal the decision in accordance with Section 2-7 of the Code. Parties will be informed in writing of the outcome of any appeal. The Code provides for the disclosure to the alleged victim of the results of any disciplinary proceeding regarding an alleged perpetrator related to a complaint of sexual violence. The standard of proof that exists for campus disciplinary proceedings is preponderance of information (i.e., more likely than not the event(s) occurred). An anonymous complaint cannot provide satisfactory information to determine that a student has violated the Code. If a faculty or staff member is involved as the accused, the Affirmative Action Office may handle the incident. Title IX complaints, including the reporting of violence or the concerns about the compliance of UND with its or Department of Education policies, may be directed to Sally J. Page, Affirmative Action Officer, University of North Dakota, Twamley Hall Room 101, 264 Centennial Drive, Stop 7097, Grand Forks, ND 58202-7097; telephone voice/TDD (701) 777-4171; or to the Office of Civil Rights, U.S. Department of Education, 111 North Canal Street, Suite 1053, Chicago, IL 60606-7204.

4-5 RESOURCES See “Quick Reference” on pages 54-55 of the Code of Student Life.

4-6 INTERIM ARRANGEMENTS AND POST-HEARING INTERVENTION UND actively provides services for all students in sexual violation cases. UND continues a coordinated response system that attends to the complainant’s physical and emotional wellbeing as well as the safety of the community. All reports of sexual violence are treated with respect to the privacy of the involved individuals. Incidents are reported to appropriate departments and agencies in consideration of safety concerns and investigative needs. Third party reports will be investigated on a case-by-case basis. In addition, UND publishes and reports, in statistical form, annual incidents of sexual assault (see the Annual Security Report at http://und.edu/annual-security-report. Administrative Services to assist a complainant

• re-assign parking (Parking/Student Account Services)
• referral to a counselor
• escort services (UND Police)
• assistance in receiving a protection order (CVIC). The University honors valid protection orders.
• on-campus change of residence (Housing)
• alter academic schedule and/or coordinate arrangements with instructors to assist in offsetting potential academic problems (Dean of Students Office)
• withdrawal from the University (Dean of Students Office)
• On-campus disciplinary procedures (DOS Office)
• Other referrals as necessary Temporary Sanctions to promote Safety
• Accused student(s) may be directed not to have contact with a complainant Page 20
• Failure by the accused to adhere to a no-contact order may result in further disciplinary action
• Non-students who are alleged to have committed a violent act, including sexual assault, upon a student may be banned from campus and campus activities Administrative Services to assist an accused student The Dean of Students Office will assist students, including collaborating with UND Police Department and other departments, to provide:
• a counselor
• escort services (UND Police)
• assistance in receiving a protection order (UND Police)
• on-campus change of residence (Housing)
• unless Emergency Suspension (see Chapter 3-C of the Code) is invoked, work with student to alter academic schedule and/or coordinate arrangements with instructors to assist in offsetting potential academic problems (Dean of Students Office)
• withdrawal from the University (Dean of Students Office)
• on-campus judicial procedures (Dean of Students Office)
• other referrals as necessary

University Disciplinary Sanctions A Student Conduct Administrator may impose one or more UND sanctions as described below for violations of the Code. Status Sanctions • Written Reprimand — Written reprimand refers to official censure of a student’s conduct in violation of a regulation of the UND community. A written reprimand indicates no ongoing status change for the student.

• Warning Probation — Warning probation indicates that further violations of the Code will result in more severe disciplinary action. Warning probation shall be imposed for a period of not more than one year and the student shall be removed automatically from probation when the imposed period expires.
• Conduct Probation — Conduct probation indicates that further violations of the Code may result Suspension. Conduct probation may not be imposed for more than one calendar year. Restrictions or Educational Activities Sanctions Having the intent of effecting a safer campus environment and/or promoting the development of a student determined responsible for Code violations, the SCA or Judicial Body may impose additional sanctions. Such sanction may include but are not limited to:
• The VPSA will direct a disciplinary withdrawal of a student who has been suspended by the SRC.
• No Contact Directive: A directive to refrain from any intentional contact, direct or indirect, with one or more designated persons or group(s) through any means, including personal contact, email, telephone, or through third parties.
• Suspension of or restriction(s) on access to all or to specified campus facilities, buildings, or other locations; or services; or events.
• Residence hall transfer, residence hall floor transfer, restricted access within the residence halls, restricted access to dining services, and removal and/or ban from the residence hall system for a specified period of time.
• Suspension of or restriction(s) on driving on or parking in campus-controlled streets, roads, and parking lots.
• Restitution to UND for cleaning, replacing, or restoring some specific area or thing when loss or damage was a result of the student’s disciplinary violation.
• Referral for an assessment to the University Counseling Center or another mental health provider.
• Mandated community service and/or participation in campus educational programs.
• Mandated participation in one or more campus activities, lectures or workshops, and/or other activity that employs an educational purpose and accepted pedagogy.
• Enhanced Sanctions for Bias-Motivated Offenses – Violators of the regulations and policies outlined in this document whose violations are motivated by bias may face more severe or enhanced sanctions. Violations motivated by bias include the intentional selection of a person against whom the violation is committed because of the race, color, genetic information, national origin, religion, sexual orientation, gender identity, sex, age, creed, marital status, veteran’s status, political belief or affiliation, or physical, mental, or medical disability of that person. Suspension The SRC may impose one or more University sanctions listed above and/or others and/or the UND sanctions of suspension as described below. Suspension will normally be for at least the remainder of the semester in which the penalty is imposed and will normally result in the cancellation of registration of the student. Suspension may be recommended for violations involving assault, sexual assault, possession or trafficking in the sale of drugs or weapons, false emergency report, interference in UND activities (classes, administration, research, fire, police, etc.), or other serious offenses, or knowingly violating the terms of any disciplinary sanctions imposed in accordance with the Code.
• Suspension — Suspension is a temporary withdrawal of enrollment privileges and ban from campus property and activities (student) or recognition (student organization) for a specific period. Suspension notification will include conditions of the suspension and terms for reinstatement. In some cases short term suspension may be imposed depending on the nature and severity of the offense.
• Indefinite Suspension — Indefinite suspension is a suspension which involves no definite time limit and may carry conditions which must be met before the student/ student organization may request reinstatement.
• Emergency Suspension – The VPSA or designee may direct the temporary, immediate removal of a student in accordance with the Code (see Section 3 and Appendix VII-V of the Code).