Introduction:
The University of North Dakota will not tolerate sexual offense(s) in the work of academic setting. Offenders may be subject to appropriate campus adjudication processes, disciplinary action, and/or criminal proceedings. The University of North Dakota's sexual assault policy is designed to specifically address "the public well being" of UND's students, faculty and staff. To meet this dimension of UND's mission statement and as an ongoing goal, we must strive to create a campus community which is intolerant of sexual harassment and all forms of abuse, including sexual assault. In sexual assault instances, the University is committed to the following threefold process: (1) To provide crisis intervention measures and a campus judicial response for the accuser and the accused; (2) To refer students to criminal authorities; and (3) To educate and promote discussion on interpersonal abuse and violence issues. The University's process does not preclude adjudication under the North Dakota Century Code.
Definition:
Sexual assault is any sexual behavior between individuals to which one person does not or cannot give full and free consent. Gross sexual imposition is much broader than the traditional concept of rape. Gross sexual imposition involves: (a) sexual act(s) or contact(s) with another which can involve compelling a person to submit by force or threat of force; (b) use of intoxicants to substantially impair a person's power to give consent; (c) engaging in such act(s) when there is reasonable belief that the other person suffers from a mental state which renders him or her incapable of understanding the nature of the contact; (d) when the person is under fifteen years of age; or (e) when the person is unaware a sexual act is being committed.
The abuse of alcohol or other drugs does not relieve individuals of their responsibilities to themselves or others. However, it is unlikely an accuser reporting an assault will be charged with lesser offenses involving drug and alcohol use and possession which occurred in conjunction with the assault.
Prevention:
The University of North Dakota attempts to foster a safe learning and living environment on campus for all members of the UND 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, availability of legal services, the University discipline system, academic schedules, living arrangement, etc.), and the campus response to sexual assault.
The University continually reviews and modifies its physical surroundings to enhance security and safety, such as campus lighting, locking procedures, signage, etc. For further safety information, contact the University of North Dakota Campus Police Department at 777-3491.
The University of North Dakota 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. For further information about campus educational programs concerning sexual assault, contact the UND Counseling Center, the Women's Center, CVIV Campus Advocate, or the Housing Office.
Response:
The University of North Dakota's response to sexual assault may involve a number of individuals and agencies, i.e., University Police, campus crisis team, medical and counseling services personnel, and the Community Violence Intervention Center Campus Advocate, etc. In addition, for on-campus cases, there is a timely campus based investigation which is confidential and thorough and protects individual rights and due process. The accuser is presented with options about how s/he wants to pursue the complaint.
Reporting:
The guiding principle in the report of a sexual assault is to avoid possible re-victimizing the accuser by forcing the individual into any plan of action. A student who has been sexually assaulted has several options. The available options are:
STUDENT OPTIONS:
Students can be assured that, when they share assault information with medical, police, and/or University officials, confidentiality will exist within the framework of each agency's governing body (i.e. state law, licensing, FERPA, etc.) and follow a "need-to-know concept".
UND ADMINISTRATIVE REFERRALS:
The accuser who chooses to contact a UND representative (or a UND representative who may have been notified by other means) has the following referral options:
* Off-campus cases are handled by the City Police Department and Office of the State's Attorney. A positive and collaborative working relationship exists among state, local, and tribal law enforcement agencies and the University of North Dakota Police Department.
ASSISTANCE:
Resources for the accuser/accused.
EMERGENCY
Police, Ambulance, Fire.....................................................................................................................911
Altru Hospital................................................................................................................911 or 780-5280UND CAMPUS RESOURCES
Affirmative Action...................................................................................777-4171 (Daytime/Weekdays)
Community Violence Intervention Center (CVIC)
On-Campus Advocate............................................................................777-9003 (Daytime/Weekdays)
Counseling Center...................................................................................777-2127 (Daytime/Weekdays)
Crisis Coordination Team........................................................................777-3491 (Evenings/Weekends)
Dean of Students Office...........................................................................777-2664 (Daytime/Weekdays)
Housing...................................................................................................777-4251 (Daytime/Weekdays)
................................................................................................................777-2591 (Evenings/Weekends)
Police, UND............................................................................................777-3491 (24 Hours)
Residence Halls........................................................................................777-2497 (Daytime/Weekends)
Student Health..........................................................................................777-3963 (Daytime/Weekends)COMMUNITY RESOURCES
Community Violence Intervention Center, Inc............................................746-0405 (Daytime)
Abuse and Rape Crisis Line......................................................................746-8900 (24 Hours)
Grand Forks Police...................................................................................746-2500 (24 Hours)
Grand Forks State's Attorney....................................................................780-8281
County Sheriff...........................................................................................780-8280ADA Hotline for Voice or Hearing Impaired to leave a message for a campus office or Relay North Dakota (text) 1-800-366-6888; (voice) 1-800-676-3777 (TDD capability) 777-2796.
Process:
1. In the event of a medical and/or police emergency, medical response personnel and/or police should be contacted by calling 911. The accuser is encouraged to seek medical attention. A medical exam will treat physical problems and may answer other medical issues.
2. The accuser is encouraged not to destroy evidence by bathing, douching, changing clothes or cleaning up in any way. The accuser is encouraged to preserve evidence in a paper bag should a report be filed. A report to the police can empower the accuser by exercising her/his legal rights and can aid in the protection of others.
3. If the accuser wants to report the assault to the Campus Police, a Community Violence Intervention Center volunteer may be notified for immediate emergency assistance. Additionally, an on-campus advocate from CVIC is also available during daytime/weekday hours. A UND crisis team member could be available to offer support to the accuser who may be experiencing possible conflicting feelings and thoughts and will aid the accuser in developing options. Once those options have been determined, the accuser is entitled to timely responses from the representatives of those agencies chosen.
4. The accuser and the accused may seek assistance at any time from the UND Counseling Center at no charge. Referrals may be made upon request for relatives, partners and friends of either the accuser or the accused to various support agencies.
5. If the accuser has decided not to report the assault at this time, other alternatives may include:
A. Making a blind report to the police. (A report that notifies the police that a sexual assault has occurred, but gives no names or identification.)
B. Making the decision to report at a later date. However, early reports may improve the preparation of a viable prosecution. Filing a police report immediately following the incident does not force the accuser to file charges and prosecute the accused; however, it does aid in the preservation of valuable evidence if the accuser decides to prosecute at a later date.
C. At any time, the accuser may contact any of the referral agencies previously mentioned for help.
6. The accuser may choose to contact the Dean of Students Office. Initially the student making an accusation can expect the following from the Dean of Students Office (Note: The accuser's options may include, but are not limited to, on-campus judicial proceedings, civil suits and criminal prosecutions. The accuser will be referred to other agencies if appropriate.):
A. The accuser will be encouraged to file a police report. The police will then advise the accuser of the legal process. The accuser may also be encouraged to seek assistance at the UND Counseling Center and/or the UND Women's Center. If the accuser does not choose to file a police report, the accuser may still file an administrative (judicial) complaint through the Dean of Students Office, for an on-campus assault as well as seeking support from Student Health, UND CVIC Representative, UND Counseling Center, UND Women's Center, the Affirmative Action Office, and/or various community resources.
B. On-campus adjudication for students is conducted through the Dean of Students Office. Off-campus cases are usually handled by the Grand Forks Police Department and Community Violence Intervention Center. Although legal processes may be occurring with the Grand Forks Police Department, services are still available through the university including academic accommodations, counseling services and student health services.
C. Dean of Students Office will proceed as outlined in the Code of Student Life ensuring due process and protection of rights of both parties. The standard of proof that exists for campus judicial proceedings is preponderance of the evidence, i.e. more likely than not the event(s) occurred.
D. Both the accuser and the accused may have an individual present at judicial hearings to provide support. Other accommodations may be provided to enhance safety and security of parties involved.
E. The accuser and the accused will be notified of investigation and/or hearing results.
F. If a faculty or staff member is involved, the Affirmative Action Office may handle the incident.
7. The Dean of Students Office and the UND Police Department, along with other departments, can provide the following services to assist an accuser:
A. Reassign parking (Traffic Division)
B. Can be assigned a counselor.
C. Escort services (UND Police).
D. Assistance in receiving a protection order (Legal Aid and CVIC campus advocate).
E. The accused may be directed not to have contact with the accuser and failure to adhere to this by the accused may result in further disciplinary action.
F. Non-students who are alleged to have committed a sexual assault on-campus will likely be banned from campus and campus activities.
G. On-campus change of residence, phone number (Housing).
H. Alter academic schedule and/or coordinate arrangements with instructors to assist in offsetting potential academic problems (Dean of Students Office).
I. Withdrawal from the University (Dean of Students Office).
J. On-campus judicial procedures (Dean of Students Office).
K. Other referrals as necessary.
8. The Dean of Students Office and the UND Police Department, along with other departments, can provide services to assist the accused:
A. Can be assigned a counselor.
B. Escort services (UND Police).
C. Assistance in receiving a protection order (Legal Aid and CVIC campus advocate).
D. On-campus change of residence, phone number (Housing).
E. Alter academic schedule and/or coordinate arrangements with instructors to assist in offsetting potential academic problems (Dean of Students Office).
F. Withdrawal from the University (Dean of Students Office).
G. Judicial procedures (Dean of Students Office).
H. Other referrals as necessary.
9. Other general protective and preventative services are offered by the police. These include:
A. Offering educational programs, on request.
B. Checking all campus lighting.
C. Patrolling the campus 24 hours per day.
D. Posting notices in appropriate areas when a sexual assault has occurred.
E. Emergency phones located throughout the campus.
Intervention:
As a matter of official policy, UND actively provides services for all parties in sexual assault cases. The University continues a coordinated response system that attends to the accuser's physical and emotional well-being as well as the safety of the community.
All reports of sexual assault 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. In addition, UND publishes and reports, in statistical form, annual incidents of sexual assault.
Judicial:
The rights of both the accuser and the accused will be respected. UND imposes sanctions upon persons or groups found to be violators of the sexual assault policy. These sanctions vary and can include, but are not limited to, indefinite suspension. See UND Code of Student Life section 2-4. In addition, an individual charged may be subject to prosecution under the North Dakota Century Code. See N.D. Century Code 12.1-20-07.
Note: The University of North Dakota is concerned about the role that drugs and alcohol play in contributing to a setting where vulnerability for sexual assault increases. Responsible consumption of alcohol and adhering to the law and campus policy is critical to any crime prevention or safety program. In addition, one should be aware of the so-called "rape drugs" such as rohypnol, GHB, etc. that often cause the victim to be rendered unconscious and unable to remember what happened to them while under the influences of these drugs. These drugs are often given to the victim without their knowledge to allow the perpetrator an easier opportunity to assault the victim and get away with it. To avoid vulnerability, one should not accept an open drink from anyone under any circumstances. Ask for a can or bottle or observe the can or bottle being opened. Do not leave your drink unattended for any reason. If you suspect that you have been drugged, seek medical assistance immediately, not only to decrease medical risks but to also have a blood test administered that may confirm the drug in your system. This test should be administered as soon as possible since the drugs will metabolize and be untraceable within several hours.
REFERENCES
A. UND Code of Student Life, sections 2-1, 2-2, 2-3, 2-4, 2-5, 2-6.
B. North Dakota Criminal Code, North Dakota Century Code Title 12.1.
C. Crime Awareness and Campus Security Act of 1990, as amended in 1998.
