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The Lowdown
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The University of South Alabama is committed to creating a community which is free from violence in all forms, including, but not limited to, physical assaults, and bias motivated actions based on gender, race, sexual orientation or disability. Sex offenses are prominent issues throughout the country. Such incidents cause enormous pain to individuals who are directly involved and to the community whose peace is shattered. A sex attack is an attack not only on a person’s body, but on one's dignity; an attack not only on the individual, but on the community.
Sexual assault is a violation of the University Code of Student Conduct involving physical contact of a sexual nature which is against one’s will or without one’s consent, and which occurs on University premises, or at University related or sponsored activities, whether on or off University premises. Consent is defined as freely given agreement by a competent person; that is, a person that is not incapacitated physically or mentally (including being under the influence of a narcotic or intoxicating substance administered to them with or without their permission). Sex offenses can be divided into two major categories: (l) sexual offenses against individuals, and (2) offenses against public decency. Sex offenses include, but are not limited to, the following:

SEX OFFENSES AGAINST AN INDIVIDUAL:
SEX OFFENSES (FORCIBLE): Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.
FORCIBLE RAPE: The carnal knowledge (sexual intercourse) of a person, forcibly and/ or against the person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity, or because of youth.
FORCIBLE SODOMY: Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly against the person’s will where the victim is incapable of giving consent because of youth or because of temporary or permanent mental or physical incapacity.
SEXUAL ASSAULT WITH AN OBJECT: The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of youth or because of temporary or permanent mental or physical incapacity.
FORCIBLE FONDLING: The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or, not forcibly or against the person’s will where the victim is incapable of giving consent because of youth or because of temporary or permanent mental incapacity.
SEX OFFENSES (NONFORCIBLE): Unlawful, nonforcible sexual intercourse.
INCEST: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
STATUTORY RAPE: Nonforcible sexual intercourse with a person who is under the statutory age of consent.

OFFENSES AGAINST PUBLIC DECENCY:
SEXUAL HARASSMENT: Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature with the intent to threaten or insinuate that lack of sexual submission will adversely affect the victim’s employment, wages, advancement, assigned duties or shifts, academic standing, or other conditions that affect the victim’s livelihood or academic advancement.
INDECENT EXPOSURE: Any exposing of genitals under circumstances which an individual knows their conduct will cause affront or alarm in any public place or on private property, so as to be seen from such premises with the intent to arouse or satisfy sexual desire of one's self or of any person (not a spouse).
PUBLIC LEWDNESS: Any exposing of genitals, or anus in a public place and recklessness about whether another may be present who will be offended or alarmed; or any lewd act done in a public place which one knows is likely to be observed by others who would be affronted or alarmed.
PROSTITUTION: Any persons engaging in or promoting sexual intercourse with the intent to profit financially or otherwise from a person engaging in sexual intercourse or deviate sexual intercourse.

FACTS ABOUT SEXUAL ASSAULT
Although the legal definition of rape may vary slightly from state to state, it is generally defined as forced sexual intercourse that is perpetrated against the will of the victim. The same definition applies regardless of whether the assailant is a stranger or an acquaintance. The type of force employed may involve physical violence, coercion, or the implied threat of harm to the victim.
The most prevalent form of rape on college campuses is acquaintance rape. The acquaintance may be a date or friend of the victim, or someone the victim knows only casually, from the residence halls, a class, through mutual friends or any other way. Regardless of the relationship between them, if one person threatens or uses force to coerce another into submitting to sexual intercourse, the act is defined as rape. The same criminal laws and penalties apply in cases of acquaintance rape as in cases of stranger rape. Many of the acquaintance rapes committed on college campuses follow similar patterns. College campuses throughout the United States have reported acquaintance rapes occurring at parties, in student residence halls and in offcampus apartments. Further, it is reported that often the students involved in these assaults have been drinking heavily or under the influence of drugs. Every student must remember that an attacker can be anyone!
A rape is reported about once every six minutes in the United States (FBI,1986). Nevertheless, reported rapes represent only a fraction of the number that actually occur. Victimization surveys estimate that 10 times as many rapes are committed as are reported (FBI,1979). More than half of all reported rapes are acquaintance rapes. And, underreporting is much more common among victims of acquaintance rape than victims of stranger rape. Therefore, the actual incidence of acquaintance rape probably far exceeds that of stranger rape.
College students are more vulnerable to rape than any other age group. Nationally, the majority of reported victims and offenders are of college age, with the rate of rapevictimization highest among 16-19 year olds. The second highest victimization rate is experienced by women between 20 and 24 years of age.

ASSAULT RESPONSE
If a sexual assault occurs, the University recommends the following procedures be followed including who should be contacted, the importance of preserving evidence as may be necessary to the proof of criminal assault and to whom the alleged offense should be reported. The decision to report the sexual assault of a member of the University community by another member of the University community rests solely with the victim. However, the University strongly encourages the reporting of sexual assaults to the proper University officials. Reporting is the only way that action can be taken against the alleged attacker or that the University community can be protected from future attacks.
IF AN ASSAULT OCCURS THE VICTIM SHOULD:

    a. go to a safe place as soon as possible.
    b. try to preserve all physical evidence—do not bathe, use the toilet, rinse one’s mouth or change clothing, if it can be avoided. If it is necessary, put all clothing that was worn at the time of the attack in a paper bag, not a plastic one.
    c. contact University police by calling 511 if the assault occurred on campus or the local police by calling 911 if the assault occurred off campus.
    d. get medical attention - all medical injuries are not immediately apparent. This is also necessary to collect evidence in case the victim decides to press charges. USA Medical Center Emergency Room and USA Knollwood Hospital Emergency Room have the evidence collection kits necessary for criminal prosecution if that option is selected.
    e. contact someone the victim trusts such as a friend, family member, or Resident Advisor for support.
    f. call the Assault Hotline at 460-7151, 24 hours a day, seven days a week. A certified Victim’s Advocate will contact the victim to offer any assistance to make recovery as smooth as possible.
    g. talk with a counselor who will maintain confidentiality, help explain options, give information, and provide emotional support.
    h. explore legal avenues for either criminal or civil action as well as utilize on- campus grievance procedures, including the University student disciplinary system.

UNIVERSITY RESPONSE IN THE CASE OF SEXUAL ASSAULT: In the event a sexual assault is perpetrated against a member of the student community on the University campus and is reported to a University department or official, the following procedures are to be followed for the well-being and safety of the victim, and also for a quick apprehension of the perpetrator. If the assault occurs off campus, the victim will be encouraged to contact the appropriate law enforcement agency. At every stage, the victim must be assured that participation is voluntary and any and all information is confidential.
CAMPUS POLICE:
    1. Police dispatcher responds by:
      a. relaying information to responding police officer, and calls the Chief of Police and Sexual Assault Investigator.
      b. contacting the on-duty Victim’s Advocate.
      c. contacting friends or family of victim if requested to do so.
      d. contacting the Area-Coordinator-On-Call if the victim lives on campus.
    2. Responding officer and/or Sexual Assault Investigator respond by:
      a. conducting an investigation.
      b. recommending the victim obtain medical assistance.
      c. recommending the victim seek counseling.
      d. contacting the Dean of Student Services when appropriate.
DEPARTMENT OF HOUSING RESIDENCE LIFE: If the victim lives on campus and the assault is reported to a Resident Advisor (RA), that student is required to report the assault to an Area Coordinator and to keep the assault in the strictest confidence. The RA will give the student the option of reporting the assault directly to the Area Coordinator. The RA or Area Coordinator will respond by:
    1. assuring the victim that all contacts are voluntary and kept in confidence. 2. making sure the victim has a safe place to go.
    3. encouraging the victim to seek medical attention at a USA Hospital Emergency Room or at the Student Health Center.
    4. apprising the victim of procedures to preserve physical evidence.
    5. encouraging the victim to contact a Victim’s Advocate and assisting in that contact if so desired.
    6. expediting housing relocation if requested and reasonably available.
    7. encouraging the victim to notify University of South Alabama Police Department (USAPD) Sexual Assault Investigator if the assault occurred on campus or to notify the local police if the assault occurred off campus.
    8. encouraging the victim to take advantage of University Counseling Services.
    9. informing the victim that a University disciplinary process exists and suggesting the victim contact the Dean of Student Services for more information.
    10. filing a confidential anonymous sexual assault report with the Sexual Assault Response Coordinator.
STUDENT HEALTH CENTER: The Student Health Center staff will respond by:
    a. assuring the victim that all contacts are voluntary and kept in confidence.
    b. making sure the victim has a safe place to go.
    c. encouraging the student to go to a USA Hospital for medical evaluation, treatment, and evidence collection.
    d. apprising the victim of procedures to preserve physical evidence.
    e. recommending the victim have a follow-up medical exam and tests for sexually transmitted diseases and pregnancy which are typically conducted 7-14 days after the assault. These are available through the Student Health Center, personal physician or local hospitals.
    f. encouraging the victim to contact a Victim's Advocate and assisting the victim make that contact if so desired.
    g. encouraging the victim to file a report with the USAPD Sexual Assault Investigator if the assault occurred on campus or to notify the local police if the assault occurred off campus.
    h. encouraging the victim to seek counseling through the University Counseling Service.
    i. informing the victim that there is a University disciplinary process and suggesting the victim contact the Dean of Student Services for more information.
    j. filing a confidential anonymous sexual assault report with the Sexual Assault Response Coordinator.
UNIVERSITY COUNSELING SERVICES: University Counseling Services provides a Rape Crisis trained therapist free of charge to students who are sexually assaulted. Counseling is available to provide assistance in addressing issues including, but not limited to, the following: shock, guilt, adjustment, depression, anger, trust, resolution, and withdrawal. A victim may prefer to initiate counseling weeks or months after the sexual assault occurs since immediate support and advice are provided by the Sexual Assault Investigator and the Victim’s Advocate. The University Counseling Services staff will respond by:
    a. assuring the victim that all contacts are voluntary and kept in confidence.
    b. providing counseling including emotional support and exploration of options.
    c. apprising victim of procedures to preserve physical evidence and helping victim
    arrange for medical attention at a USA Hospital or Student Health Center if desired.
    d. encouraging the victim to contact a Victim's Advocate and assisting in that contact, if desired.
    e. encouraging the victim to contact the USAPD Sexual Assault Investigator if the assault occurred on campus, or the local police if the assault occurred elsewhere.
    f. encouraging the victim to contact the Dean of Student Services office regarding the University disciplinary process.
    g. notifying the victim of options for, and available assistance in changing academic and living situations, if so requested by the victim and if such changes are reasonably available.
    h. filing a confidential anonymous sexual assault report with the Sexual Assault Response Coordinator.
DEAN OF STUDENTS: All discussions with the Dean of Students Office are confidential, except for the anonymous sexual assault report that will be filed immediately by the office. Any reports of sexual assault are not kept in the victim’s permanent academic record. The Dean of Students Office will respond by:
    a. making sure the victim has a safe place to go and making any necessary arrangements.
    b. offering the victim a variety of services including helping to reschedule classes or tests, providing information on course withdrawals, and changing living arrangements, if requested by the victim, and if such changes are reasonably available.
    c. encouraging the victim to go to the Student Health Center or the Emergency room for medical services.
    d. encouraging the victim to take advantage of the Victim's Advocate program and contacting the advocate for the victim, if desired.
    e. encouraging the victim to report the assault to the USAPD Sexual Assault Investigator or to the local police.
    f. encouraging the victim to take advantage of the services of the University Counseling Service.
    g. offering information regarding the University disciplinary process and the victim’s option to file charges.
    h. reminding the victim that criminal charges may also be filed in state court no matter what action is taken within the University.
    i. notifying the University community if it is determined that a threat to public safety exists, while respecting the victim’s anonymity.
    j. filing a confidential anonymous sexual assault report with the Sexual Assault Response Coordinator.

VICTIM’S ADVOCATES: The Victim's Advocate's goal is to enhance the victim's recovery and help to return to the pre-crisis state, provide emotional support, and provide appropriate information and referrals on court proceedings, disciplinary processes, alternative housing assignments, academic assistance alternatives, and medical procedures. The Victim's Advocate will respond by:
    a. making every effort to meet with victim within 30 minutes of assault or time of notification of advocate.
    b. assuring the victim that any contact is voluntary and confidential.
    c. making sure the victim has a safe place to go and assist in making any necessary arrangements.
    d. encouraging victim to seek medical attention and accompanying victim to hospital, if necessary.
    e. contacting friend or family member of victim, if requested.
    f. offering support to victim in any and all ways possible including seeking alternative housing and academic alternatives, if such changes are reasonably available.
    g. giving victim an information packet.
    h. encouraging victim to report the assault to the USAPD Sexual Assault Investigator
    or the local police.
    i. encouraging the victim and significant others to seek counseling regarding the assault.
    j. following up with victim 24 hours after initial contact.
    k. apprising victim of options regarding criminal or civil charges and or the University disciplinary process.
    l. accompanying victim to any court proceedings or disciplinary hearings, if victim so desires.
    m. filing a confidential anonymous sexual assault report with the Sexual Assault Response Coordinator.

UNIVERSITY COMMUNITY: In the event a victim contacts a member of the University Community (i.e., faculty, staff, or other students) not previously listed, the individual will respond by:
    a. encouraging the victim to contact the USAPD Sexual Assault Investigator if the assault occurred on campus or the local police if the assault occurred elsewhere.
    b. encouraging the victim to contact a Victim's Advocate through the University Rape Hotline and assisting in that contact if desired.
    c. assuring the victim that all subsequent contacts are voluntary and confidential.
SEXUAL ASSAULT RESPONSE COORDINATOR: The Coordinator acts as the clearinghouse for information regarding sexual assault incidents that occur on campus. Each department will file an anonymous sexual assault incident report with the Coordinator immediately, but no later than 24 hours after initial contact with the victim. The Coordinator will be responsible for contacting the departments to follow-up on the services they provided for each incident without them disclosing the victim's name. Such follow-up will help ensure consistent implementation of the policy and generate feedback necessary for future revisions of the policy. Such follow-up will also help departments stay informed about evolving services available in the University and general community. The Coordinator will respond by:
    a. overseeing the implementation of the Sexual Offense Policy.
    b. assigning a common identification number to the reports received from the departments the victim has contacted and open a file to track the incident.
    c. determining if the reported incident represents a potential danger to the campus community, and if so, contacting the Dean of Student Services and the Sexual Assault Investigator. A potential danger to the community might include a pattern of acquaintance sexual assaults, a stranger assault, a violent or sadistic assault, or a gang rape.
    d. notify the University Police Department on a monthly basis of the number of assaults that were reported to the Coordinator.
THE CRIMINAL CODE OF THE STATE OF ALABAMA REGARDING SEXUAL OFFENSES (AS OF 2005) A person commits the crime of rape in the first degree if:
    1 He engages in sexual intercourse with a member of the opposite sex by forcible compulsion; OR
    2. He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; OR
    3. He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old.
Rape in the first degree is a Class A Felony (13A-6-61; Acts 1977) and carries a sentence of 10-99 years or life.
A person commits the crime of rape in the second degree if:
    1. Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two (2) years older than the member of the opposite sex, OR
    2. He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective. Rape in the second degree is a Class B Felony (13A-6-62; Acts 1977,79,87) and carries a sentence of 2-20 years.
A person commits the crime of sodomy in the first degree if:
    1. He engages in deviate sexual intercourse with another person by forcible compulsion; OR
    2. He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitated; OR
    3. He, being 16 years old or older, engages in deviate sexual intercourse with a person who is less than 12 years old.
    Sodomy in the first degree is a Class A Felony (13A-6-63; Acts 1977) and carries a sentence of 10-99 years.
A person commits the crime of sodomy in the second degree if:
    1 . He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 years and more than 12 years old, OR
    2. He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective.
    Sodomy in the second degree is a Class B Felony (13A-6-64; Acts 1977, 79, 87) and carries a sentence of 2 to 20 years.
A person commits the crime of sexual misconduct if:
    1. Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by sections 13A-6-61 and 13A-6- 62; or if her consent was obtained by the use of any fraud or artifice; OR
    2. Being a female, she engages in sexual intercourse with a male without his consent; OR
    3. He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by sections 13A-6-63 and 13A-6-64. Consent is no defense to a prosecution under this subdivision. Sexual misconduct is a Class A Misdemeanor (13A-6-65; Act 1977) and carries a sentence of up to 1 year.
A person commits the crime of sexual abuse in the first degree if:
    1. He subjects another person to sexual contact by forcible compulsion; OR
    2. He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated; OR
    3. He being 16 years old or older, subjects another person to sexual contact who is less than 12 years old.
Sexual abuse in the first degree is a Class C Felony (13A-6-66; Acts 1977) and carries a sentence of 1 to 10 years.

A person commits the crime of sexual abuse in the second degree if:
    1. He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; OR
    2. He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.
    Sexual abuse in the second degree is a Class A Misdemeanor, except that when a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C Felony (13-A-6-67; Acts 1977, 2000) and carries a sentence of up to 1 year.
A person commits the crime of indecent exposure if, with intent to arouse or gratify sexual desire of himself or of any person other than his spouse, he exposes his genitals under circumstances in which he knows his conduct is likely to cause affront or alarm in any public place or on the private premises of another or so near thereto as to be seen from such private premises. Indecent exposure is a Class A Misdemeanor (13A- 6-68; Acts 1977) and carries a sentence of up to 1 year.

A person commits the crime of public lewdness if:
    1. He exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; OR
    2. He does any lewd act in a public place which he knows is likely to be observed by others who would be affronted or alarmed. Public lewdness is a Class C Misdemeanor (13A-12-130; Acts 1977).
A person commits the crime of promoting prostitution in the first degree if knowingly:
    1. Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from such coercive conduct by another; OR
    2. Advances or profits from prostitution of a person less than 16 years of age. Promoting prostitution in the first degree is a Class B Felony (13A-12-111, Acts 1977) and carries a sentence of 2 to 20 years.
A person commits the crime of promoting prostitution in the second degree if knowingly:
    1. Advances or profits from prostitution by managing, supervising, controlling, or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes other than the defendant; OR
    2. Advances or profits from prostitution of a person less than 18 years of age. Promoting prostitution in the second degree is a Class C Felony (13A- 12- 112; Acts 1977) and carries a sentence of up to 10 years.
A person commits the crime of promoting prostitution in the third degree if knowingly advances or profits from prostitution. Promoting prostitution in the third degree is a Class A Misdemeanor (13A-12-113; Acts 1977) and carries a sentence of up to I year.

BILL OF VICTIMS RIGHTS
The University of South Alabama has given the following rights to each student victim of any assault committed against them while on University premises, or at University related or sponsored activities, whether on or off University premises. Proper reporting of the assault to the University Police Department will better enable University officials to assist in the exercise of these rights:
    a. The right to be present during the disciplinary process. However, if the victim fails to appear at the hearing, the hearing may be held in their absence.
    b. The right to present evidence by witness, or by affidavit or deposition if a witness is unable to attend the hearing.
    c. The right to bring an advisor to the hearing. The advisor, however, may not participate in examination of witnesses or presentation of materials or information to the hearing official, unless asked to do so by the hearing official.
    d. The right to question all witnesses.
    e. The right to appeal.
Victims of Sexual Assault will be offered the following considerations whenever possible and when reasonably available:
    a. Full legal process according to the law of the State of Alabama, if the victim seeks this. The disciplinary process is not established to provide all of the requirements and rights of the judicial process in State Court. The victim has the option of also proceeding in State Court.
    b. As established by state criminal codes, the victim's irrelevant past sexual history will not be discussed during the disciplinary hearing.
    c. The victim will be allowed to make a 'victim impact statement' regarding how the event has changed their life if the accused is found in violation of the Code of Student Conduct.
    d. The assistance of a Victim's Advocate.
    e. When requested, assistance will be rendered in changing on campus living arrangements given that the change is reasonably available.
    f. Free on-campus counseling.
    g. Immunity from disciplinary charges stemming from the use of a narcotic or intoxicating substance administered with or without consent at the time of the assault.

CAMPUS AND COMMUNITY RESOURCES
The following is a list of campus and community counseling, mental, legal and student services for victims of sexual assault.
    a. University Counseling Service - 460-7051
    b. Student Health Center - 460-7151
    c. Victim’s Advocates - 460-7151 or 460-6312
    d. Sexual Assault Officer (Campus Police) - 460-6312
    e. Rape Crisis Center of Mobile - 473-7273
    f. Dean of Student Services - 460-6172
    g. Department of Housing Residence Life - 460-6185
    h. Alabama Crime Victims Compensation Commission - 800-541-9388
    i. Campus Ministers c/o Dean of Student Services office - 460-6172.
    j. Sexual Assault Recovery Group - 473-7273
    k. USA Children's & Women's Hospital Emergency Room - 415-1620

EDUCATION PROGRAMS
The University commits itself to the provision of a variety of educational programs and services to all members of the University community. As an educational institution we must not neglect the importance of education as it pertains to sexual assault. The following departments provide awareness and prevention programs for the entire University community.
    a. Student Health Center
    b. University Police Crime Prevention Office
    c. Department of Housing/Residence Life
    d. Counseling Service
    e. University Programs/Jaguar Productions
    f. Panhellenic Council
    g. USA Children's & Women's Hospital
For more information concerning this Sexual Offense Policy, contact the Dean of Students Office at 460-6172, Student Center Room 270.
 
     
 
 
University of South Alabama