Sexual Assault Policy
Sexual Misconduct
Coverage
As a matter of policy, the faculty, staff and students of the university community will not tolerate sexual misconduct.
Definition
Sexual misconduct is defined as sexual contact without consent by an acquaintance or a stranger and includes but is not limited to: intentional touching without consent, either of the victim or when the victim is forced to touch, directly or through clothing, another person’s genitals, breasts, groin, thighs, buttocks; rape (sexual intercourse without consent whether by an acquaintance or a stranger); aggravated assault; aggravated sodomy (sexual penetration with an object without consent); sodomy (anal or oral intercourse without consent); non-consensual kissing; statutory rape; child molestation; aggravated child molestation; voyeurism; and public indecency. It is a violation of this policy to engage in any form of sexual activity or conduct without the consent of the other person. Such consent may be withdrawn at any time, without regard to activity preceding the withdrawal of consent.
Consent may be found in two forms: actual consent (words, acts, or silence) or apparent consent. Apparent consent must be informed and freely given. Consent induced by fraud, a substantial mistake, or duress is not freely given. The person must act voluntarily and with knowledge of what is occurring. Intoxication, drug use or other reasons for incapacity are obstacles to consent. A person cannot freely, voluntarily, and with knowledge of the act, be deemed to have consent if she or he is intoxicated, in a drug-drug-induced state, or otherwise incapacitated. The perpetrator’s honest but unreasonable belief that the victim has consented does not constitute apparent consent.
Enforcement Procedures
Any violation of this policy needs to be reported to:
1. University Police at 678-839-6000
2. Student Health Services 678-839-6452
3. Vice President for Student Affairs and Enrollment Management 678-839-6423
4. Carroll Rape Crisis 770-834-7273
Victims of sexual assault are afforded rights that are recognized by the University of West Georgia. These rights include assistance to the victim by university personnel. See Appendix C for a full statement of the rights of victims of sexual assault.
Sexual Harassment
Policy Statement
The University of West Georgia (“the University”) is committed to maintaining a fair and respectful environment for living, working, and studying. To that end, and in accordance with federal and state law and Board of Regents' policy, the University prohibits any member of the faculty, staff, administration, student body, or visitors to campus, whether they be guests, patrons, independent contractors or clients, regardless of the sex of the other party, from sexually harassing any other member of the University community. Reports of sexual harassment will be met with appropriate disciplinary action, up to and including dismissal from the University.
Definition of Sexual Harassment
Pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972, “sexual harassment” is defined a
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
1. submission to such conduct is made either implicitly or explicitly a term or condition of an individual’s employment or status in a course, program or activity;
2. submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual; or
3. such conduct has the purpose or effect of interfering with the individual’s work or educational performance; of creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one’s ability to participate in or benefit from an educational program or activity.
Examples of Sexual Harassment
1. Threats to make an adverse employment or academic decision if another person refuses to engage in sexual activities.
2. Demands that another person engage in sexual activities in order to obtain or retain employment or academic benefits.
3. Promises, implied or direct,to give employment or academic benefits if another person engages in sexual activities.
4. Unwelcome and unnecessary touching or other sexually suggestive physical contact, or threats to engage in such conduct.
5. Indecent exposure.
6. Invasion of sexual privacy.
7. Sexual advances, requests for sexual favors, sexual comments and questions, and other sexually oriented conduct that is directed against a specific individual and persists despite its rejection.
8. Conduct, even that not specifically directed at the complainant, which is sufficiently pervasive, severe or persistent to alter the conditions of the complainant’s employment or status as a student and create a hostile working or learning environment, when viewed from the perspective of a reasonable person of the complainant’s gender.To obtain a copy of the institution’s complete policy statement on sexual harassment or to ask questions concerning sexual harassment, students should contact one of these offices:
Affirmative Action Office
Aycock Hall
Telephone 678-839-6403
Campus Extension 6403
or
V.P. for Student Affairs and Enrollment Management
Bonner House
Telephone 678-839-6423
Campus Extension 6423
or
Health Services
Telephone 678-839-6452
Campus Extension 6452
Students must be aware that they too can be charged with sexual harassment if they make unwanted sexual advances.
Policy For Victims Of Sexual Assaults
It is the policy and practice of the University of West Georgia to provide an environment that is sensitive and responsive to victims of sexual assaults. In accordance with this position, the university has established a policy for students, employees, and others who may become victims of such assaults on its campuses. Victims are entitled to the following rights:
1. To have sexual assaults treated with seriousness.
2. To be treated with dignity.
3. To have sexual assaults investigated and adjudicated by appropriate criminal and civil authorities.
4. To receive the full and prompt cooperation and assistance of university personnel in notifying the proper authorities.
5. To be free from any kind of pressure by university personnel not to report crimes, or to report crimes as lesser offenses than the victims perceive.
6. To have legal assistance, or to have others present, in any campus disciplinary proceedings in the same manner that the institution permits to the accused and to be noti0ed of the outcome of such proceedings.
7. To receive the full and prompt cooperation of campus personnel in obtaining, securing, and maintaining evidence as may be necessary to the proof of criminal sexual assaults in legal proceedings.
8. To be made aware of, and assisted in exercising, options regarding mandatory testing of sexual assault suspects for communicable diseases and to be noti0ed of the results of such testing.
9. To receive counseling from mental health services established by the university or from other victim-service agencies.
10. To be protected by campus personnel to the extent reasonably feasible from unnecessary or unwanted contact with alleged assailants.
Campus organizations that assist victims of sexual assaults shall be granted the privileges afforded all organizations registered on campus.
Victims of sexual assault may contact the following offices for assistance:
University Police 678-839-6000
Health Services 678-839-6452
Student Development 678-839-6428
Carroll Rape Crisis 770-834-7273