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Plan for Responding to Incidents of Sexual Assault

1. INTRODUCTION
It has been widely recognized that rape, sexual assault and other forms of sexual violence can be a devastating, painful experience for college students, profoundly impacting their well being as well as their ability to thrive and succeed in the academic environment. The University of Kansas is committed to providing consistent, compassionate, comprehensive support to students who are survivors of these crimes to assist in their recovery and maximize their opportunity to achieve their academic goals. While education is the key to changing attitudes and beliefs that perpetuate these crimes, policies can also play a major role. Institutional procedures dealing with sexual assault and its aftermath can have a powerful effect in lessening its occurrence, in part, by increasing reporting and creating a climate in which sexual assault and other forms of sexual violence are not tolerated.

Students who have been sexually assaulted may have many needs as a result of the experience. It is essential that these needs be addressed in a centralized, coordinated manner to alleviate distress and suffering as well as to ensure that appropriate, comprehensive assistance is provided. This Response Plan establishes a cooperative course of action for the campus to follow in assisting a student who has been sexually assaulted. It is important to note that there are university and community services that are available to the accused as well (see 1.1 for further information). It is also important to note that, while this plan is focused on students who have been raped or sexually assaulted, the services listed in this document are also available to students who have experienced other forms of sexual violence.

1.1 Definition of Terms
The terms "rape" and "sexual assault" refer to a range of specific behaviors that are predominantly directed against women but can be directed against men, as well. An understanding of the following terms and their implications will provide the framework for a more comprehensive understanding of the issues.

"Rape", as defined by the Kansas Statutes Annotated, includes the following behaviors: a) sexual intercourse against an individual's will where the individual is overcome by force or fear; b) sexual intercourse with an individual who is unconscious or physically powerless; or c) sexual intercourse where the person is incapable of giving consent, including situations in which the individual is under the influence of alcohol or drugs and this condition was or should have reasonably been known to the offender.

"Sexual Assault" refers to a range of sexual offenses identified in the Kansas Statutes Annotated. This includes forced sodomy (anal intercourse); forced oral copulation (oral-genital contact); and sexual battery (the unwanted touching of an intimate part of another person for the purpose of sexual arousal). It includes situations in which the accused engages in the sexual behaviors described above with a complainant who is incapable of giving consent. This includes situations where the complainant is unable to resist due to alcohol or drugs.

It is important to keep in mind that forced intercourse or other unwanted sexual contact is defined as rape or sexual assault whether the assailant is a stranger to or an acquaintance of the complainant. In addition, intoxication of the assailant does not diminish the assailant's responsibility for sexual assault.

For purposes of brevity, the term "sexual assault" will generally be used throughout this document to refer to all the offenses described above. In addition, reports of sexual assault incidents and individuals accused of committing the offense are considered allegations prior to official findings by campus disciplinary or criminal justice proceedings in accordance with procedural due process.

"Survivor" refers to an individual who has been raped or sexually assaulted. Unlike the term "victim", which can imply powerlessness and weakness, the term "survivor" is a term associated with empowerment and the assumption of control for one's life after a trauma.

"Accused" refers to the individual(s) named as possibly committing the offense. Members of the campus community who are accused of sexual assault can receive information, assistance and referrals from campus and community agencies, including Counseling and Psychological Services, Department of Student Housing, Dean of Students Office, Organizations and Leadership Development Office, KU Info. and Student Legal Service, to name a few.

"Notification" of rape or sexual assault refers to the process in which a student tells a campus or community representative about an on- or off-campus incident, regardless of the date of occurrence. Unlike "formal reporting", in which the goal is to pursue disciplinary or legal action against the alleged assailant, "notification" is a mechanism for students who have been sexually assaulted to obtain information, support and assistance. It is important to note that an individual who notifies a university representative of an incident will not be required to pursue the matter further. (For more information about formal reporting options, see sec. 3.1, Step 6).

"Campus representative" refers to individuals who have significant responsibility for student and campus activities and, in the course of their duties as a University employee, are in the position to assist a student who has been assaulted. This would also include any undergraduate or graduate student employed by a campus department, whose job is to provide assistance to students (e.g., teaching assistant, resident assistant).

Goals of the Campus Plan

The procedures outlined in this document were created to achieve the following goals: 1. Provide prompt and compassionate support services to reduce the survivor's trauma and promote the healing process.

2. Provide a comprehensive framework in which the needs and decisions of the survivor are central in determining further administrative response and assistance.

3. Create a campus environment that both facilitates and expedites the prompt reporting of sexual assaults, thereby enhancing campus safety.

4. Establish and cultivate a climate of community empowerment and education, in which behaviors that contribute to sexual violence are recognized, understood and will not be tolerated.

5. Protect the rights of the survivor, the accused and other parties involved in or affected by the case.

2. SERVICES FOR SURVIVORS
2.1 Philosophy of Service Delivery
One of the most frightening, traumatic aspects of being sexually assaulted is the feeling of total helplessness and lack of control that survivors commonly experience. With this in mind, it is essential that campus representatives assist survivors in regaining control of their lives. Sexual assault survivors should be encouraged as much as possible to make their own decisions and choices following a sexual assault. It is not the function of any campus representative to urge a particular course of action upon the survivor of a sexual assault. Instead, the duties of the representative are to make the survivor aware of the available options and alternatives, to aid the survivor in making an informed decision as to a course of action, and to provide resources to assist the survivor in following through on decisions. Representatives should not take any action based upon a subjective evaluation as to the merit of any charges made, nor should they attempt to convince the survivor that any course of action is preferable to another. Campus and community services are available to survivors regardless of whether or not they choose to report the incident to law enforcement officials.

Confidentiality: Guidelines and Limitations

In the handling of sexual assault cases, every effort is made to maintain confidentiality. While it is essential that campus representatives honor the choices of the survivor, there are instances where it is the University's ethical and legal responsibility to disclose information regarding the circumstances related to a specific incident. Disclosure of this information is made in accordance with law, University policy and the provisions of the federal Family Educational Rights and Privacy Act relating to the privacy of student records. Following these guidelines, information of a generic nature may be shared with campus officials to protect the safety of the campus and its members. Questions regarding confidentiality should be referred to the KU Office of the General Counsel (785/864-3276).

2.3 About the KU Sexual Assault Services Coordination Team
The KU Sexual Assault Services Coordination Team, consisting of Sexual Assault Services Coordinators (SASCs) and the Coordination Team Leader (CTL), provides assistance, information, resources and support to ensure that members of the KU community who have been sexually assaulted have been informed of the critical services and resources available to facilitate the recovery process. SASCs are KU professional-level staff who are primarily from the Emily Taylor Women’s Resource Center but may also be chosen by the CTL from other campus units based on the needs of the campus as well as the individual’s ability to serve in this role. SASC’s are expected to possess a sensitivity to and understanding of issues related to sexual violence and a knowledge of and familiarity with campus policies, procedures and resources. The Coordination Team Leader, the Program Director for the Emily Taylor Women’s Resource Center, is responsible for ensuring that the SASC’s meet the required qualifications as stated above.

The SASC assists in identifying appropriate resources, discussing options, facilitating connections with agencies/services with which the student may need to interact and assisting the student in negotiating campus policies and procedures. The purpose for providing this centralized coordinating function is to ensure that survivors receive accurate, up-to-date information, the process for obtaining assistance is efficient and streamlined and the need to repeat the telling of one’s experiences to a large number of university and/or community representatives is limited.

The primary role of the SASC is to ensure that KU students who have been sexually assaulted have been informed of the critical services and resources available to facilitate the recovery process. SASC’s work collaboratively with the Rape Victim Survivor Service (RVSS) to provide a full range of services to the survivor. RVSS, a community agency funded by the United Way and KU Student Senate, provides no-cost, confidential 24-hour hotline counseling; hospital, law enforcement and court accompaniment and advocacy services; and individual assistance.

Specifically, the SASC:
1. Provides emotional support and assistance in helping a survivor to identify existing needs (e.g., medical, legal, psychological, academic assistance).

2. Identifies appropriate campus and/or community services to provide necessary assistance and serve as a liaison to those services as requested by the survivor.

3. Explains the options and alternatives available to the survivor including: obtaining medical and counseling assistance; obtaining a trained advocate; filing a police report and/or pursuing legal remedies; pursuing disciplinary actions available within the University; and obtaining academic assistance.

4. Provide follow-up with the survivor to determine if services have been obtained and have met the survivor's needs.

5. Act as an educator about rape and sexual assault.

6. Provide information, support, and referrals to significant others, family and friends when requested in order to address their concerns and facilitate the survivor's recovery process. (Note that specific information related to a case will not be shared.)

The SASC is intended as a central referral source for information relating to the rights, options and services available to a sexual assault survivor. It is not the role of the SASC to provide specific or detailed legal, medical, or psychological guidance to a survivor. In addition, the SASC will be mindful of the unique role provided by the SASC and RVSS and will make efforts to complement rather than duplicate services.

To protect the privacy of sexual assault survivors, written information and records regarding the case are of a generic (non-specific, non-identifiable) nature only.

2.4 Campus Sexual Assault Prevention Task Force
A task force will be convened to discuss current initiatives, preventative efforts and concerns related to sexual assault as they impact the KU community. This group will be chaired by a member of the staff of the Dean of Students and will report to the Dean. Meetings will be held no less than three times per semester.

The task force will discuss current trends and concerns on campus; issues arising related to service delivery and assistance to survivors; and mechanisms for enhancing collaboration on educational programs related to these issues. The group will consist of student, staff, faculty and community representatives and will not exceed 15 members. Task force members will include those who are primary service providers to students who are survivors of sexual violence (e.g., Emily Taylor Women's Resource Center, Rape Victim Survivor Service, Counseling and Psychological Services, KU Public Safety Office, Department of Student Housing; Organizations and Leadership Development Office, Ombudsman's Office) and/or have expressed an interest in working on these issues.

In addition, the task force is responsible for conducting an annual review to assess the effectiveness of the "Procedures for Responding to Incidents of Sexual Assault."

3. STEPS FOR RESPONDING TO INITIAL SEXUAL ASSAULT DISCLOSURES
3.1 Specific Steps for CAMPUS REPRESENTATIVES to Follow:

Step 1: A student discloses to you that she (or he) was raped or sexually assaulted.

The incident may have occurred on- or off-campus, recently or in the past.

Step 2: Determine the survivor's specific needs regarding the incident.

(Note: If the individual is in a medical and/or psychological crisis warranting immediate intervention, follow your departmental emergency procedures and/or call 911.)

Step 3: Communicate that there are individuals on campus referred to as Sexual Assault Services Coordinators (SASCs) who can provide assistance.

SASCs have expertise in working with sexual assault survivors and can assist in coordinating appropriate on- and off-campus resources and services. They can discuss options and alternatives, help identify the most appropriate resources, assist in referring to an RVSS advocate, and answer any questions that may arise. SASCs can be reached by contacting the Emily Taylor Women's Resource Center, Room 22, Strong Hall, (785) 864-3552.

If the survivor is interested in obtaining assistance from a SASC, connect the survivor with a SASC by calling (785) 864-3552 OR obtain the survivor's number to pass on to the SASC Team Leader at a later time OR provide the number for the individual to contact a SASC directly.

If the survivor does NOT wish to contact a SASC, the campus representative should contact a SASC directly for consultation and referrals. In addition, the SASC will discuss the parameters of the information that may need to be reported to campus officials (such as date, time, place and circumstances surrounding the incident) in the interest of protecting campus safety. (See Section 2.2 for further information regarding confidentiality.)

Step 4: Communicate the importance of medical attention and discuss if assistance is needed at this time.

Medical attention for sexual assault survivors is vital for detecting and treating a range of medical concerns, including sexually transmitted diseases, pregnancy, and external/internal injuries. For initial medical assistance following a sexual assault, refer individuals to Watkins Health Center during daytime hours or Lawrence Memorial Hospital after 5 p.m. and on weekends.

It is important to note that when an assault has occurred within 72 hours of disclosure to the campus representative, it is essential that the survivor be aware of the option for emergency medical care and/or collection of evidence (to assist in judicial procedures). If the survivor wishes to receive assistance, a SASC can assist in coordinating services during business hours (Monday through Friday, 8 a.m. to 5 p.m.). An RVSS staff/advocate can accompany an individual for medical treatment as well as provide assistance on a 24-hr. basis. If the survivor does not want immediate medical assistance, provide printed referral information to the individual. (Step 7).

Step 5: Communicate the importance of psychological support and discuss if assistance is needed at this time.

If the survivor needs or requests assistance for that business day, she (or he) may be referred directly to Counseling and Psychological Services (785-864-2277). In addition, she (or he) may be referred to the Rape Victim Survivor Service (crisis counseling, support and advocacy - -contact through Headquarters at 785-841-2345 or KU Info. at 785-864-3506). Services that provide 24-hour assistance include Headquarters (paraprofessional phone counseling and crisis line - - 785-841-2345) and Bert Nash Community Mental Health Center (785-843-9192). When requested, the SASC can facilitate this process.

If immediate intervention appears necessary (due to extreme distress or concerns raised about the individual's safety or the safety of others, including suicide threats and difficulty controlling anger), call the following numbers:

Counseling and Psychological Services at (785) 864-2277 during business hours. In an emergency or after business hours, contact KUPSO at 911 or (785) 864-5900. If immediate assistance is not needed or requested, a SASC can assist in coordinating services or printed referral information can be provided (Step 7).

Step 6: Communicate the importance of reporting the crime.

The SASC is knowledgeable about various reporting options and can inform the survivor of those that are available for her/his particular situation as well as appropriate contact information.

The following are existing options for notifying officials about the incident:

Filing a criminal report involves filing a formal charge with a campus or local law enforcement agency for the purpose of taking action and/or seeking redress through the criminal legal process/justice system. Crimes that are committed on campus property are reported to the KU Public Safety Office (KUPSO) and crimes that occur off-campus are reported to the Lawrence Police Department (LPD). Formal reports of crime to KUPSO are logged daily in the police log, which may be accessed by area media. Information regarding the identification of the survivor will be withheld from the media.

Filing a confidential report involves notifying the KUPSO about an incident for informational purposes without taking action. Converting a confidential report to a criminal report can be done within the statutory limits.

Filing a grievance involves reporting the incident to Dean of Students Office and/or the Department of Student Housing as a possible violation of the University Code of Student Rights and Responsibilities and/or an individual's housing contract.

Filing an anonymous report involves completing a form, available through a Rape Victim Survivor Service (RVSS) advocate/staff or the Lawrence Police Dept., detailing an on or off-campus sexual assault incident, regardless of the date of occurrence. For specific information on this process, contact RVSS.

Step 7: Provide printed information containing referrals.

Supplies of printed information are available through the Emily Taylor Women's Resource Center and are available at many campus locations.

Campus Notification Process

When it is determined that university officials need to be notified of the incident to protect the safety of the individual(s) involved and/or the campus community, notifications will proceed in the following manner.

a. Notification Based on Initial Contact

1) If the survivor initially contacts the KU Public Safety Office, officers and staff will follow KUPSO notification procedures and will immediately notify the Dean of Students. The Dean will contact the SASC Team Leader and other units on a need-to-know basis. Confidentiality of the survivor will be respected, and only necessary information will be provided. 2) If the survivor initially contacts the SASC, the SASC will contact the SASC Team Leader, who, in collaboration, will determine necessary and appropriate notifications, including KUPSO and the Dean of Students. The Dean will proceed as described in 1) above and determine the necessity of notifying university officials about the incident. 3) If the survivor initially contacts a Campus Representative other than those listed above, the campus representative will contact the SASC and/or KUPSO to provide the information necessary to protect the safety of the individual(s) involved as well as the campus community. The SASC or KUPSO representative will provide necessary information (of a generic nature only) to the Dean of Students Office for record-keeping purposes (for more information on record keeping, see 3.3 below). b. Notification to Campus

1) When notification to the campus community regarding the incident is considered essential to protect the safety of campus community members, the KU Public Safety Office will initiate and coordinate these efforts. The name of the survivor, the accused and/or specific details of the assault may be released to university representatives only when it is essential to the health and safety of the survivor or that of other members of the campus community. In addition, no identifying information regarding the survivor will be released to the public or the media.

When an official police report is filed with the KU Public Safety Office, KUPSO officials will coordinate communication mechanisms and distribute information to notify the campus community in accordance with existing Federal and State laws and policies.
When an official police report is not registered, KUPSO will make determinations regarding the appropriate communication mechanisms necessary for the situation. Whenever possible, survivors will be notified if information will be distributed or posted to protect the campus and its members.

2) The campus community will be notified on a yearly basis of the number of sexual assaults formally reported to the KU Public Safety Office, as well as other crimes reported. This information is also available online at www.ku.edu/~kucops. Crime statistics are also submitted to the KBI in accordance with existing procedures. 3.3 Campus Reporting Process
Federal law mandates that KU report statistics concerning some criminal offenses, including those of forcible and non-forcible sexual assault. This includes offenses that occur on or adjacent to campus or occur at university-sponsored events. The University’s mechanism allows for university representatives to anonymously report an incident through the Crime Statistics Report Form. Information collected is of a generic (non-specific, non-identifiable) nature only. The Form is available electronically at the Dean of Student’s Web page (www.ku.edu/~stlife/clery.html). Reporting incidents as they occur is most helpful. However, if this is not possible, reports for the current calendar year are due by January 30^th of the following year.