Policy regarding rights and possible disciplinary action in response to sexual assault

Sexual assault is a criminal violation of state law and a violation of the university's student conduct code. Therefore, a student charged with sexual assault can be prosecuted under Massachusetts criminal statutes and disciplined under the university student conduct process. Under Massachusetts law, rape is a felony offense, punishable by imprisonment in a state prison. If found responsible under the university's student conduct code, the student could be removed from university residence halls and/or suspended or expelled from the university.

Even if criminal justice authorities choose not to prosecute an alleged assailant, university student conduct action may be pursued if the university believes that sexual assault has occurred. Definitions of terms such as sexual assault, sexual harassment, rape and date rape can be found in the Right-To-Know Information section of this handbook. If the university has a strong suspicion to believe that a sexual assault or rape was committed by an enrolled Bridgewater State University student, the Vice President of Student Affairs, or designee, may immediately suspend the alleged perpetrator from the residential facility and/or university pending the outcome of a hearing. A hearing will be scheduled within the 10 class days following the report of the incident. Alternative academic or living arrangements for the accused and/or the survivor may also be made by the vice president, or designee, if appropriate and reasonably available.

IF YOU ARE RAPED OR SEXUALLY ASSAULTED:

• Go to a safe place.
• Don't wash, douche or change clothes before getting help.
• Don't touch any evidence of struggle or disarray. If you choose to report the incident to the police (then or later), this evidence is very important.
• Seek medical attention. Try to engage the help of someone you trust to go with you.
• Seek professional counseling for support and to help prevent post-traumatic stress disorder.
• Don't isolate yourself.
• Be patient with yourself, it takes time to recover and trust again.

Don't blame yourself. The person who committed the assault is responsible. Sexual penetration without your consent (even with a date) is RAPE.

Where to get confidential help:

A New Day 508.588.8255
Llamanos 800.223.5001
BSU Health Services 508.531.1252
BSU Counseling Center 508.531.1331

BSU Office of Student Conduct 508.531.6177
BSU Police Department 911 or 508.531.1212
BSU Residence Life and Housing or 508.531.1277
Brockton Hospital Emergency Room 508.941.7400
New Hope 800.323.4673

Men's violence against women constitutes very serious crimes committed on university campuses. Women in universities are at high risk for this type of criminal violence. Several recent studies looking at the incidence of gender violence on university campuses have been conducted. However, their findings continue to support the conclusions of the seminal 1987 study of more than 6,000 students from 32 colleges and universities representing higher education institutions in the United States. That study found that one of every four female students surveyed reported having been a survivor of rape or attempted rape. Most of these incidents were not committed by the stereotypical stranger in the dark alley, but by friends and acquaintances of the women. Of the men surveyed, one of every 15 reported having committed behaviors that met the legal definition of rape and most men reported that they knew their victims.

Many survivors of violent crimes, and especially survivors of sexual assaults, experience emotional distress. Victims become survivors by taking control of their lives again. The process of surviving begins by making sure you receive the physical and emotional care you need. Also, it's important to learn about your rights.

Survivors of rape or sexual assault have the following rights:

• To determine whether or not you want to cooperate with law enforcement authorities
• To pursue disciplinary action against the perpetrator through the BSU student conduct system
• To seek confidential counseling services by a trained therapist
• To receive confidential support and information regarding the choices that are available to you
• To receive confidential medical treatment
• To seek academic support from faculty and administrators
• To request a change in your on-campus housing if you feel that you are not safe in your current residencee
• To determine whether or not your parents will be notified
• Not to be harassed by the perpetrator or the perpetrator's friends

Survivors are also entitled to the additional rights within the university student conduct system:

• To have a person of the student's choice accompany her/him throughout the student conduct hearing, which may take an extended period of time
• To give testimony in the presence of the accused at the hearing or to give evidence to the Hearing Board without physically appearing before the board through the use of a speaker telephone.
• To remain present during the entire proceeding.
• Not to have the student's irrelevant past sexual history discussed during the hearing.
• To be informed of the outcome of the hearing.

Accused persons have the following rights under the university student conduct system:

• To have an immediate review of the suspension decision if applicable.
• To have a person of the student's choice accompany him or her throughout the hearing, which may take an extended period of time
• To have access to information in a timely fashion so as to prepare appropriately for the hearing.
• To ask questions after the case has been presented in a hearing.
• Not to have the student's irrelevant past sexual history discussed during the hearing.
• To be informed of the outcome of the hearing.

Relationship violence: When a person intentionally causes bodily injury to someone, makes offensive contact with a person or physically harms that person, they have committed battery. Battery requires that the perpetrator has touched the person or made contact with that person through a weapon or other device.

Violence is not confined to heterosexual relationships. It also exists within same-sex relationships. Relationship violence affects everyone regardless of ethnicity, socioeconomic class, race, sexual orientation, education, occupation, gender or age. No group is exempt. There is nothing acceptable or "fair" about being the object of another person's abusive anger, threats, continual criticism, physical abuse, or having that person continually checking up on you. Size does not dictate who becomes the batterer or who becomes the victim. The bottom line is that violence in an intimate relationship is an abuse of power and control. No one deserves to be treated abusively or controlled by another person.

When one person maintains power and control over another by using physical, verbal, emotional or sexual violence, that's an abusive relationship. A court "abuse prevention order," commonly known as a "restraining order," is granted to survivors of domestic or relationship violence. A restraining order prohibits continuing abuse and can mandate no contact and/or other restrictions. Violation of a restraining order is considered a criminal offense and police are required to respond by making an arrest.

A restraining order can be obtained by appearing at a district, municipal, probate or superior court or by requesting the assistance of the BSU police. Emergency (temporary) restraining orders may also be obtained on weekends, holidays or weeknights by contacting the police.

In addition, you also have the legal right to ask the police for the following kinds of assistance:

• For help with filing a criminal complaint for threats, assault and battery, assault with a deadly weapon, assault with intent to kill or other related offenses.
• To request that an officer drive you to the nearest hospital or otherwise assist you in obtaining medical treatment.
• If you believe that police protection is needed for your physical safety, to request that an officer remain at the scene until you can leave or until your safety is otherwise ensured. You may also request that the officer assist you in locating and taking you to a safe place, including but not limited to, a designated meeting place for a shelter or similar place of safety.
• You may request a copy of the police incident report at no cost. The BSU police may also be able to assist you by delivering a criminally enforceable no-trespass order to your abuser, by invoking the university judicial system and through other means.

SIGNS THAT YOU ARE IN AN ABUSIVE RELATIONSHIP

Does your partner:

• Express anger that seems out of proportion to what you said or did?
• Seem to just be looking for an excuse to start a fight?
• Make you feel like decisions are being made for you, that you have no choices?
• Constantly call you names or criticize you?
• Control where you go as a couple on dates and decide what other friends or family you are allowed to see?
• Hit, slap, shove or bite you? Pull your hair, follow you around during a fight, throw things or punch walls?
• Embarrass you in front of other people?
• Accuse you of flirting with someone when you were not?
• Threaten to hurt you? Threaten to leave the relationship? Threaten to seek sex from someone else? Threaten to commit suicide if you do not do what they want?

What is a healthy relationship? A nonviolent, healthy relationship based upon equality and partnership includes:

• Negotiation and fairness: seeking mutually satisfying resolutions to conflict, accepting change and being willing to compromise.
• Nonthreatening behavior: talking and acting so that there is safety and comfort for expressing thoughts and doing things.
• Respect: listening nonjudgmentally, being emotionally affirming and understanding and valuing opinions.
• Trust and support: supporting each other's goals, respecting the other person's right to her/his own feelings, friends, activities and opinions.
• Honesty and accountability: accepting responsibility for self, acknowledging and addressing past use of violence, admitting being wrong and communication openly and truthfully.
• Shared responsibility: making decisions together.