K-State Policy Prohibiting Sexual Violence

Sexual violence is antithetical to the University's mission of education, research, and service because the aim of all these efforts is to foster individual growth in a climate of civilized action rather than brute force and violence. In addition to this basic philosophical reason for prohibiting sexual violence, there are other reasons. Sexual violence and concern about potential violence interfere with and obstruct the working and learning processes which we value and desire to promote for all members of the University community, and the psychological damage caused by an act of sexual violence continues long after physical evidence vanishes. Such damage is extremely costly not only to an individual victim but also to the community and society as a whole: fear replaces trust, doubt replaces confidence, distraction replaces concentration, wasted effort replaces focused productivity, and a void replaces the contributions that might have come from the victims.

No form of sexual violence will be tolerated or condoned at Kansas State University. This policy thus prohibits not only those acts commonly understood to constitute "sexual assault," but all attempts to coerce certain sexual acts as defined by this policy.

Although the University cannot assure protection from sexual violence, it can state expectations of conduct and, in some instances, can impose sanctions on any University student who fails to meet those expectations. The purpose of this policy is therefore two-fold: 1) to educate members of the University community so that they learn unequivocally what actions are unacceptable, and 2) to take action against those who violate this policy.

Education Programs

The KSU Police Department sponsors crime prevention programs to stress community awareness and interaction. The Women's Center also offers sexual violence and rape prevention programs in several formats adaptable to group size and composition. Education programs to promote awareness of rape, acquaintance rape and other sex offenses are offered regularly as a part of freshman orientation courses available in the College of Arts and Sciences, the College of Business Administration, and the College of Education. The Women's Center staff also will prepare and present sex offense prevention programs for any class.

Educational sex offense prevention programs also are provided by the Women's Center staff to student groups, organizations, residence halls, and Greek houses. In addition, self-defense courses for students are offered monthly, free of charge, at the Center.

Campus and Community Services

Kansas State University offers confidential assistance to any student following a sexual assault. Assistance is available through the Women's Center, 206 Holton Hall, 532-6444. (After hours and on the weekend, the KSU Police Department will put the student in touch with the staff member on-call with no questions asked.) Center staff will help the student explore available options while respecting students' needs and rights. Assistance by the Center's staff is available in reporting the assault to law enforcement.

Counseling and mental health services are provided by the Community Crisis Center, University Counseling Services, and Lafene Health Center.

On-Campus Disciplinary Procedures and Possible Sanctions

The University encourages students to report complaints of sexual violence to the appropriate law enforcement agency. For complaints of sexual violence reported to the Office of Student Life, the University will investigate the reported acts of sexual violence allegedly perpetrated by students and will respond with appropriate action. Sanctions for violations of this policy will be imposed in accordance with the seriousness of the behavior, and may include suspension or dismissal.

Excessive use of alcohol and other drugs precedes incidents of sexual violence. Use of these substances may interfere with one's capability either to consent to or to refuse sexual activity, and taking advantage of that vulnerability is unacceptable. Under no circumstances does the use of alcohol or other drugs diminish personal responsibility for aggressive or other socially unacceptable behavior.

1. The acts described in this policy are prohibited only when they are forced on another person. An act is forced if the victim does not verbally or otherwise indicate refusal but:

a. is overcome by force or fear;

b. is unconscious or physically powerless;

c. is incapable of refusing because of mental deficiency or disease; or

d. is incapable of refusing because of the effects of alcohol, narcotics, drugs, or any other substances.

2. The following acts are covered by this policy, whether attempted or completed:

a. any penetration, however slight, of the female sex organ by a finger, the male sex organ, or any object;

b. oral or anal copulation or any penetration, however slight, of the anal opening by any body part or object;

c. touching another person with any body part, substance, or object in a sexual context or in a sexual way or to arouse or satisfy the sexual desires of the offender or another;

d. disrobing oneself, disrobing another or causing another to disrobe in a sexual context or a sexual way or to arouse or satisfy the sexual desires of the offender or if the acts would arouse fear in the victim.

Procedures Students Should Follow if a Sexual Assault Occurs

KSU strongly urges that all incidents of sexual assault be reported quickly to the appropriate law enforcement agency. To report a crime:

If the assault occurred on campus, contact the KSU Police Department, 532-6400.

If the assault occurred elsewhere, contact the Riley County Police Department, 911.

Students who believe they have been sexually assaulted can assist law enforcement by preserving evidence. Students who believe they have been sexually assaulted should immediately report the incident to law enforcement authorities or go directly to a hospital emergency room. Do not bathe or change clothes. Physicians and nurses will retrieve the physical evidence of sexual assault in the course of an examination. They are trained to preserve and document that evidence.

Medical attention should be sought even if criminal prosecution is not desired. Exposure to a sexually transmitted disease or possible pregnancy could result from a sexual assault, in addition to other physical injuries. Prompt medical attention is important whether or not the attacker is known. A thorough examination by skilled medical personnel is critical to the health and safety of a victim of sexual assault.

Women's Center staff will provide a full range of support services to any K-State student who reports a sexual assault.

Sexual Violence Adjudication

Resolution of complaints of sexual violence against students will be adjudicated in the following manner.

A. Administrative Review Process

1. Report the incident to the Director of the Women's Center. The Women's Center staff may assist the complainant in preparing a written complaint which will be forwarded to the Dean of Student Life Office. A written complaint must be made within 90 days of reporting to the Women's Center.

2. With or without a written complaint, the Dean of Student Life or designee may convene a panel to review a report of a possible violation of this policy. The Dean of Student Life or designee will be responsible for selecting a panel consisting of four members: The Dean of Student Life or designee, a faculty or staff member and two students currently serving in the judicial branch of the Student Governing Association. It is expected that the members selected will not have knowledge of the case or of an individual involved that would bias them.

3. If the substance of a report or complaint warrants review, an administrative review will be conducted in the following manner:

(a) An interview will be conducted with the complainant to acquire a thorough understanding of the complaint.

(b) The review panel will determine if the University has jurisdiction in the case as delineated in KSU SGA By-Laws Article VI, Section 6b.

(c) A determination will be made as to whether the complaint, as reported alleges sexual violence in accordance with the Kansas State University Policy Prohibiting Sexual Violence." If so, a copy of the written complaint will be provided to the person(s) accused of the assault and the person(s) accused will be provided an opportunity to respond. The complainant and the person accused shall have the same right to have other persons present during the review and to provide to the panel a list of witness that the panel may interview.

(d) A determination will be made, after gathering and reviewing of all the evidence, as to whether a violation of the "Policy Prohibiting Sexual Violence" has occurred.

(e) If the panel does not determine that a violation of the policy has occurred, both the complainant and the person accused of the sexual violence will receive letters stating the steps that have been taken in the review process and an explanation of the outcome of the review.

(f) If it is determined that sexual violence has occurred, the following measures will be taken:

1. Sanctions will be devised in accord with the seriousness of the behavior. Sanctions may range from admonishment to dismissal.

2. Both the complainant and the person accused of sexual violence will receive letters from the administrators involved in the review outlining the steps taken in the review process, an explanation of the determination made and the sanctions to be imposed.

(g) Throughout the review, both the complainant and the person against whom the complaint is brought will be fully informed and will have a full opportunity to be heard.

B. Confidentiality

It is the obligation of administrators and students who serve on the review panel to maintain confidentiality to the greatest extent possible consistent with

(a) preventing future acts of sexual violence;

(b) providing a remedy to persons injured by sexual violence;

(c) allowing persons accused of sexual violence to reply to a complaint if any action is anticipated.

C. Appeal Beyond the Administrative Process

Complainants and respondents who believe that a satisfactory resolution of the alleged incident has not been reached by the administrative process described above may appeal the administrative decision directly to the University President. Respondents who have been found guilty and whose sanction is suspension or dismissal from the University may appeal the decision under the KSU Judicial Code. The initial appeal will be made directly to the Student Tribunal and any further appeal will go directly to the University President.

Contacting Law Enforcement Authorities

Rape, acquaintance rape and other sexual offenses are crimes punishable under Kansas Law. Local law enforcement authorities must be notified to commence a criminal action. Students are encouraged to contact the KSU Police Department or the Riley County Police Department to report any incident of sexual assault. Confidential assistance by the staff at the Women's Center in notifying such authorities is available, if the student desires such assistance.

Changes in Academic and Living Arrangements Following a Sexual Assault

The Office of Student Life and KSU Housing and Dining Services may provide assistance with changing academic and living situations after an alleged sexual assault, if such assistance is requested by the complainant and if these changes are reasonably available.