Sexual Misconduct Prevention & Response

Sexual misconduct includes sexual assault, domestic violence, dating violence, and stalking.  The University strictly prohibits these offenses and offers educational and informational primary prevention and awareness programs dealing with sexual misconduct, high-risk behavior, and related topics during new student and new employee orientation sessions and workshops.

The Department of Human Resources in conjunction with the Department of Public Safety provides an overview of self-defense training, education programs, and employee assistance resources to new employees during the introductory orientation process.  This overview includes primary prevention and awareness programs which focus on the topic of sexual misconduct.  In addition, this overview provides safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against another person.

The following programs and workshops are conducted prior to new student arrival on campus and during new student orientation:

  • Campus Clarity:  Campus Clarity is a one-stop-shop training for students, staff, and faculty.  Since 2013, Campus Clarity has helped nearly 200 schools comply with the SaVE Act and Title IX through interactive and engaging online training.  Incoming new students are required to complete the online course “Think About It”, prior to their arrival on campus.  “Think About It” is an ongoing online alcohol/substance use and sexual abuse training program that prepares students to confront and prevent serious campus problems such as domestic violence, dating violence, sexual assault, and stalking.  This program delivers the Title IX and Campus SaVE Act training in a non-judgmental approach to effectively reach the audience.  Students are monitored for their level of completion and non-compliance results in a monetary fine, and a student’s inability to register for spring classes.
  • Active Bystander Training:  During the first day of orientation week, which is mandatory for all new students, participants are required to attend the program “Becoming An Active Bystander”.  This InterACT Sexual Assault Prevention Program is an interactive theatre performance that actively engages participants in learning bystander interventions.  Students have the opportunity to join the actors and propose solutions to various scenarios.  Attendees leave having learned skills and tools that can be used in difficult situations at college and beyond.  Attendance is monitored to ensure all first year and transfer students receive this training which is part of ongoing education surrounding sexual assault on campus.  Additional information about the InterACT Program is available at: http://www.cla.csulb.edu/departments/communicationstudies/interact/.  InterACT is one of the few bystander intervention programs for which several quantitative and qualitative studies have been published. These studies document the effectiveness of the InterACT model. The pilot study in ‘Communication Activism’ was the first quantitative study of proactive performance, and a 2011 study published in ‘Violence against Women’ is the first longitudinal study of this interactive model.
  • Orientation Mentors:  Orientation Mentors (OM), are upper-class students charged with running individualized groups for all new students during orientation week.  Each OM has a group of new students ranging from 12 – 16 participants.  OM’s receive extensive training and are required to have various educational sessions with their student groups. The programs range from “ice breakers and meet & greets to discussions regarding the University’s policies for parties on campus, alcohol consumption, and sexual violence prevention.  OM’s are trained to facilitate open-ended discussions regarding expectations on students with respect to sexual activity, sexual violence and consumption of alcohol.

Throughout the academic year, the following programs addressing sexual misconduct are offered to students, in an effort to decrease the likelihood of sexual misconduct occurring on the campus or to our students:

  • Sisters Standing Together:Sisters Standing Together is a peer education initiative, where student members work to educate other students on campus about violence against women. Leaders of the organization have developed a series of four presentations that cover topics including general information on sexual assault and the appropriate procedures for asking and receiving consent. Some of the programs are presented to both male and female students in classroom settings. Other programs are designed specifically for women. Students must attend an extensive training before they are approved to become presenters for this program. Training sessions for new members are generally offered at the beginning of each semester.
  • One in Four:There is research that shows that one in four women will be subject to some form of sexual assault within their lifetime. The One in Four organization was established to help raise awareness and increase understanding of the realities of sexual assault. The organization assists with a number of public awareness events, both on campus and in the general community. The organization is open to all male students who are concerned about sexual assault.
  • New Member Education:  Each semester, all new members from any one of the many clubs/organizations on campus can voluntarily take an Educational Class on Sexual Violence Prevention.  The program is not a requirement or mandated for all students, however, it is mandated for all new members who belong to a Fraternity or Sorority.  The Educational Class on Sexual Assault Prevention covers the topics of: Title IX, definitions of consent and sexual assault, discussions about healthy sexuality, domestic violence, dating violence, stalking, University resources in case of sexual assault, and ideas for prevention generated by the participants.
  • On-Demand Educational Sessions:  On-Demand Sessions are available for all residence halls, clubs and organizations, or classes on an as-needed basis.  Residence Life and Housing staff (including student Community Assistants) have extensive training in the area of sexual assault response and prevention.  Individual Community Assistants work together with professional staff to create programming appropriate to each residential community.
  • Speaker Series:  Each year, inspirational and educational speakers come to the campus to talk about sexual assault prevention, as well as awareness and prevention issues that are of importance to the student community.  These speakers range from sports figures and scholars to celebrities.
  • Peer Education:  Various educational and awareness raising events are sponsored throughout the year through the University’s Women’s Center, as well as student-led clubs and organizations. Events and programs include the following:

                           RAINN Week:  Since 1997, at the University of Redlands, RAINN Week has continued to provide up-to-                           date statistics and information about sexual assault while facilitating a safe space for those dealing with this                            issue on campus.

                           Sexual Violence Awareness Week: The events held on campus during the first week in April, focus                             raising awareness about sexual assault, its causes and what can be done to decrease rates on college                             campuses. Events include topic discussions on sexual violence and sexual misconduct, as well as the                            annual Take Back the Night March.

                           Men’s Programming:Men’s programming initiatives have a number of learning outcomes, the majority                           of which focus on sexual violence prevention.The following is a list of men’s programming initiatives on                           campus:

                                     D.U.D.E.S. Resource Center:  Dudes Understanding Diversity and Ending Stereotypes                                     (D.U.D.E.S.) is a traveling Men’s Center, housed in the Campus Diversity and Inclusion Center for                                      students who identify as men, as well as women, transgendered students, and male allies.  It provides                                     support for students who would like a safe space to talk about men’s issues, get involved more on                                      campus, and discuss issues regarding masculinity, media, gender roles, etc. It also acts as a resource                                     center for scholarships and men’s social well-being on campus. D.U.D.E.S. serves as an umbrella                                     organization for all the various men’s initiatives on campus, thus centralizing information and services                                     for students interested in men’s initiatives. The D.U.D.E.S. acting committee is comprised of the                                     Men’s Programming Intern and administrators on the men’s retention committee.Student initiatives                                     and organizations that operate out of the DUDES Center include:

 

                                                               The League of Extraordinary Gentlemen (LXG):  LXG is designed for men who are                                                                 interested in deconstructing stereotypes of what it means to be a man. This group                                                                focuses on diversity, leadership, discussion, and bringing awareness to issues                                                                   regarding men and masculinity.

                                                                Rangi Ya Giza (RYG):  RYG is designed for male students interested in advancing                                                                social justice for all on the University of Redlands campus and beyond.  The group is a                                                                  brotherhood that focuses on diversity, leadership and service at the local, national, and                                                                international levels.

                                                                Personal Development Workshops:  The D.U.D.E.S. committee offers sexual                                                                assault prevention training sessions throughout the semester. These training sessions                                                                educate students in how to be active bystanders in sexual assault situations, how to                                                                practice affirmative consent, and how to abide by Title IX regulations. Additionally,                                                                other workshops are offered, that focus on developing character and excellence in our                                                                students.

                                                                Men’s Retreat:  Each year, a two day retreat is held in the surrounding natural                                                                 landscape, where students discuss socialization processes of masculinity, learn about                                                                one another through interactive games, cook meals together, set goals for their career                                                                and personal development, discuss interpersonal relationships and current trends                                                                relevant to college students.

                                                                M.A.L.E.S. (Men Achieving Leadership Excellence and Success) Institute:  The                                                                  M.A.L.E.S. Institute is a leadership opportunity for all men on campus to be a part of a                                                                 program that seeks to foster personal awareness and development.  Those who                                                                   participate are able to earn credits towards D.U.D.E.S. raffles and also have the                                                                   opportunity to receive a M.A.L.E.S. Institute certification.

 

Sexual assault includes forcible acts of rape, and forcible fondling; as well as non-forcible offenses of incest, and statutory rape.

In California, the law defines consent to sexual activity as:

  • All parties must be 18 years of age or older;
  • All parties must provide an affirmative “Yes” consent response to engage in sexual activity.“Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity;
  • All parties must be physically capable of understanding their decision regarding affirmative consent, and not be incapacitated from the influence of drugs, alcohol, or medication.
  • It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other, or others, to engage in the sexual activity.Lack of protest or resistance does not mean consent, nor does silence mean consent;
  • Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time;
  • The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

In the evaluation of complaints of non-consensual sexual activity in any University disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the respondent believed that the complainant consented to the sexual activity under the following circumstances:

  • The respondent’s belief in affirmative consent arose from the intoxication or recklessness of the respondent;
  • The respondent did not take reasonable steps, in the circumstances known to them at the time, to ascertain whether the complainant affirmatively consented;
  • The respondent knew or should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:

                         The complainant was asleep or unconscious;

                         The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the                           complainant could not understand the fact, nature, or extent of the sexual activity;

                         The complainant was unable to communicate due to a mental or physical condition.

Domestic violence is defined as: A “felony or misdemeanor crime of violence committed by –

  • A current or former spouse or intimate partner of the victim,
  • A person with whom the victim shares a child in common,
  • A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
  • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or,
  • Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.”

Dating violence is defined as: “Violence committed by a person –

  • Who is or has been in a social relationship of a romantic or intimate nature with the victim:
  • The existence of such a relationship shall be determined based the reporting party’s statement with consideration of the following factors:

                                              The length of the relationship;

                                              The type of relationship; and

                                              The frequency of interaction between the persons involved in the relationship.”

 Stalking is defined as: “Engaging in a course of conduct directed at a specific person that would cause a reasonable person to –

  • Fear for his or her safety or the safety of others; or
  • Suffer substantial emotional distress.”

 

A resource guide dealing with sexual violence is available at the Student Life Office.  This brochure contains definitions of sexual misconduct, information for complainants and respondents, disciplinary procedures and guidance for prevention of sexual misconduct.

The University takes very seriously, every reported case of sexual misconduct.  If a member of the University community feels that they have experienced an act of sexual misconduct, they should contact the Department of Public Safety or the University Title IX Coordinator immediately.  Based upon the desires of the complainant, Public Safety may notify or assist the complainant in notifying the Redlands Police Department which will conduct a criminal investigation of the incident.  In all instances, the University will comply with the complainant’s request for assistance in notifying the desired authorities.

The timely reporting of an incident will enable law enforcement to conduct a thorough investigation and collect and preserve potential items of evidence.  Even though the police will take a report, they will strongly consider the complainant’s desires when deciding whether or not to file criminal charges.

Public Safety or a complainant can also contact San Bernardino Sexual Assault Services, which provides an advocate who can give the complainant advice on counseling and medical assistance if so desired.  The University Title IX Coordinator may also be notified to assist complainants in contacting professionals, family or friends that they may need for emotional support.  When requested by the complainant and/or respondent, the University Title IX Coordinator will readily assist in changing academic, housing, student employment, and University related transportation arrangements when reasonably available, regardless of whether the complainant chooses to report the crime to Public Safety or the Redlands Police Department.  The Title IX Coordinator will work closely with multiple departments on campus to ensure the requested accommodations are met.  For example, Academic Advisors will readily be consulted regarding complainant and respondent course schedules to ensure no courses are taken at the same time.

An official complaint filed with Student Life will begin campus disciplinary proceedings designed to provide a prompt, fair, and impartial investigation and resolution of the matter utilizing the preponderance of evidence (more likely than not) standard of evidence rule.  The officials conducting these proceedings receive annual training on the issues of sexual misconduct and how to conduct an investigation and hearing process that protects the safety of complainants and promotes accountability.

The first step in all disciplinary proceedings used to address cases of alleged dating violence, domestic violence, sexual assault, and stalking is investigation. The University will investigate when it receives a report of alleged dating violence, domestic violence, sexual assault, and stalking when a complainant requests a formal disciplinary proceeding or the University determines a formal disciplinary proceeding is necessary for the overall safety of the campus community.  When an investigation takes place, the University will attempt to complete it within 45 calendar days from the date the report is received. The investigation will include, whenever possible, an interview with the reporter, complainant, respondent, and any relevant witness(es). Written statements may be requested. Any other available evidence will also be sought. The investigator will document the investigation as appropriate. While every effort will be made to be sensitive to the confidentiality concerns of all people who participate in the investigation, privacy cannot be guaranteed.

At the conclusion of the investigation, respondents have the option to resolve their case via an Administrative Hearing, or a Critical Issues Board Hearing.

In all Administrative Hearings, a respondent will be given the opportunity to accept responsibility for violation(s).  If they do not accept responsibility, the student(s) will then have the opportunity to respond to any information or jurisdiction pertaining to the complaint.  The Administrator, or designee, will determine if it is more likely than not that, the information indicates a violation.  If the student(s) accepts responsibility, or are deemed responsible, appropriate sanctions will be administered.

Students will be provided with written notice of alleged misconduct at least three (3) business days prior to the scheduled Administrative Hearing, reasonable access to the complaint files before and during the Administrative Hearing, and an opportunity to respond to information and investigation findings.  Within five (5) days after holding the Administrative Hearing, the Administrator will deliver to the parties, a letter informing them of the finding of “responsible” or “not responsible” and the sanction(s) imposed.  The delivery of this letter will be accompanied by an in-person meeting whenever possible. 

Critical Issues Boards will be composed of three administrative members plus the non-voting Ex-officio (a permanent member).  The hearing before the Board will commence within ten (10) business days of the date on which the Administrator refers a complaint to the Presiding Officer, unless an extension is granted, with notice to the parties.  All parties will be given written notice of the hearing date and the specific complaints against them at least five (5) business days in advance of the hearing.  If the totality of the information, supplied by any party or witness or other means, indicates a violation of the Code of Student Conduct is “more likely than not,” the  respondent will be found responsible for the violation.  If the information does not make a violation “more likely than not,” the respondent must be found not responsible.

More information on both proceedings is contained in the Code of Student Conduct.

In all of the disciplinary proceedings described above, complainant and the respondent are entitled to the same opportunities to have others present during a disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice.

Both the complainant and the respondent will be simultaneously informed in writing of:

  • The outcome of any institutional disciplinary proceeding resulting from a report of sexual misconduct;
  • The University’s procedures for the respondent and complainant to appeal the results of the institutional disciplinary proceeding;
  • Any changes to the results of the disciplinary proceeding prior to the time that such results become final, and;
  • When such results will become final.

 

A student found responsible for violating the University sexual misconduct policy could be criminally prosecuted.  Sanctions that may be imposed by the University disciplinary proceedings in cases of alleged dating violence, domestic violence, sexual assault and stalking are: degree revocation, expulsion, suspension, conduct probation, conduct reprimand, restitution,  and other sanctions (including loss of on-campus driving or dining privileges, removal from on campus residence facilities, restrictions from representing the University or participating in any extracurricular activity, restriction from campus facilities or areas, confiscation, referral to a recognized professional practitioner for evaluation of behavior, or other educational programs or interventions).

Any student or employee who reports to the University that they have been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of their rights and options associated with the act of sexual misconduct.  Where applicable, the University will assist victims of sexual misconduct by ensuring they are aware of and understand their rights, direct them to campus and community resources, and assist them in obtaining orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.  Upon securing such a court order, students and employees should provide a copy to the Department of Public Safety as soon as possible.  Following receipt of the court order, the Department of Public Safety will assist students and employees in enforcing the provisions of the order on campus and coordinating the applicable law enforcement resources for issues arising at off campus locations. All such accommodations or protective measures will be maintained as confidential to the extent to which providing the requested services would not be impaired.

In addition to notifying the Department of Public Safety regarding a protective court order, students should also provide notification to the Title IX Coordinator in Student Life.  The Title IX Coordinator in conjunction with the Director of Student Conduct may further assist parties of sexual misconduct with University issued no contact orders when appropriate, and when the other party to the action is also a student at the University of Redlands.  Employees receiving a protective court order should notify the Title IX Coordinator in the Department of Human Resources, in conjunction with the Department of Public Safety.

Remember, reporting the crime does not lock you into a course of action, but it does preserve your rights.  You have the right to change your mind about participating in criminal or University proceedings at any time.