Campus Against Violence Program

 

Holloway Hall

Policies

 

Salisbury University prohibits sexual violence in all of its forms. The policies below are from the 2010-2011 Student Code of Conduct. Students are expected to be familiarize themselves with these policies. Ignorance of the policy is not a legitimate defense.

Sexual Misconduct Policy

Stalking Policy

                  

Sexual Misconduct Policy

"Salisbury University does not tolerate sexual misconduct or abuse, including, but not limited to, sexual assault, rape (by acquaintance or stranger) or other forms of non-consensual sexual activity. Any and all activity of a sexual nature that violates another individual’s physical or emotional well being or personal space is prohibited. Any and all non-consensual sexual activity and any non-consensual behavior of a sexual nature constitute a violation of the University’s Sexual Misconduct Policy.Sexual misconduct encompasses any nonconsensual physical contact of a sexual nature that is committed either by force or intimidation or through the use of the victim’s mental or physical incapacity, including through consumption of drugs or alcohol. Sexual misconduct consists of a range of behaviors or attempted behavior including, but not limited to:

1. Non-consensual sexual contact – is any sexual touching, however slight, with any object by a man or a woman upon a man or a woman without effective consent; the touching of an unwilling person or non-consensual person’s intimate parts (such as genitalia, groin, breast, buttocks, mouth, and/or clothing covering them); touching an unwilling person with one’s own intimate parts; or forcing an unwilling person to touch another’s intimate parts.

2. Non-consensual sexual intercourse – is any sexual intercourse (anal, oral or vaginal), however slight, with any object by a man or a woman upon a man or a woman without effective consent; unwilling or nonconsensual penetration of any bodily opening with any object or body part. This includes but not limited to penetration of a bodily opening without consent through the use of coercion.

3. Forced sexual intercourse – is forced sexual intercourse (anal, oral or vaginal) with any object using force, threat, or intimidation by a man or a woman upon a man or a woman; unwilling or non-consensual penetration of any bodily opening with any object or body part that is committed either by force, threat, intimidation or through exploitation of another’s mental or physical condition of which the assailant was aware or should have been aware.

4 .Sexual harassment – refer to sexual harassment policy as listed in the StudentCode of Conduct.

5. Sexual exploitation – is when a student takes non-consensual, unjust or abusive sexual advantage of another; for his/her own advantage or benefit; or to benefit or advantage anyone other than the one being exploited; and that behavior does otherwise constitute non-consensual sexual contact, non-consensual sexual intercourse or sexual harassment. This includes but is not limited to utilizing any video or recording devise for the purpose of posting or publishing and/or capturing images of a sexual act without the consent or knowledge of the involved parties; intentionally or unintentionally publish, recreate or reproduce images of a sexual act without the knowledge or consent of the parties involved; peeping tommery/ voyeurism; inducing incapacitation for the purpose of having sex with the incapacitatedperson regardless if sexual activity actually takes place; transmission of HIV or STD; prostitution.

For the purpose of this policy, the following definitions apply:

1. Intercourse – includes vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue or finger; and oral copulation (mouth to genital contact or genital to mouth contact)

2. Sexual touching – is any contact with the breast, buttocks, groin, genitals, mouth or other bodily orifice of another, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

3. Effective consent – is informed; freely and actively given; mutually understandable words or actions; which indicate a willingness to engage in mutually agreed upon sexual activity. Alcohol intoxication or being under the influence of another drug or substance may produce a state of mental or physical incapacitation. Furthermore, one may not engage in sexual activity with another who one knows or should reasonably know to be mentally and or physically incapacitated.

Because of the serious nature of acts of sexual misconduct, the SU judicial procedures maybe modified to ensure that such cases are pursued with sensitivity as well as fairness.

Additionally, victims of sexual misconduct will be afforded an opportunity to appeal the outcome of their hearing. If the victim chooses to not be a part of the hearing process, the University reserves the right to bring charges against the accused on behalf of the institution.

Any student found responsible for a violation of the Non-Consensual Sexual Contact statement of the Sexual Misconduct Policy will typically face, at a minimum, a sanction of suspension from the University. Any student found responsible for violation of the Non-Consensual Sexual Intercourse, Forced Sexual Intercourse, or the Sexual Exploitation statement of the Sexual Misconduct Policy or the Sexual Harassment Policy will typically face a sanction of permanent dismissal from the University.

University regulations specifically prohibit the harassment, abuse, threat or intimidation of any witnesses or party to an incident (see “Harassment Policy”). As a matter of policy, the institution encourages the accuser in these cases to also pursue appropriate remedies in the state judicial system.

Victims or anyone with knowledge of sexual misconduct should contact the Campus Against Violence Program Coordinator, Counseling Center, Student Health Services and/or the Dean of Students. An individual can speak confidentially with certain persons in legally protected roles. They include Counseling Center, Student Health Services, Campus Against Violence Program Coordinator, clergy, or off campus rape crisis resources. While all other University officials are committed to protecting the privacy of victims of violence and sexual assault, in instances where there is a need to preserve the health and safety of the victim and other members of the University community, information may be shared on a need to know basis."

Stalking Policy

Salisbury University's stalking policy is a subset of the Harassment policy. For the complete Harassment policy, consult the 2010-2011 Student Code of Conduct.

"C. Stalking: Stalking is defined as repetitive, menacing pursuit, following, harassment and/or interference with the peace and /or safety of a member of the community or the safety of any of the immediate family of members of the community.

Examples of repeated conduct include, but are not limited to:

  • following that person

  • acts that harass that person

  • contacting witnesses or any other party to an incident to intimidate them or to get them to change their testimony

  • unwanted obscene, abusive or repetitive telephone calls

  • telephones messages, electronic mail, instant messages using electronic mail programs, social networking sites or similar communications with intent to harass;

  • intentional or unintentional contribution to creating an intimidating, hostile or offensive environment

  • damage to property or any other form of indirect destruction"