Student Development

SEXUAL ASSAULT AT KALAMAZOO COLLEGE

Sexual assault is a difficult issue on college campuses everywhere. The very personal nature of the issue, along with many other important factors, combine to cause sexual assault to be under-reported on almost all college campuses.

Students who survive sexual assault may face a range of challenging personal, emotional, and interpersonal issues. Students accused of sexual assault may also face a range of difficult concerns.

Kalamazoo College is committed to creating an environment in which students are well informed about sexual assault and take action to prevent it. The College is also prepared to respond appropriately to allegations of sexual assault.

This resource guide is designed to provide accurate information about Kalamazoo College's definition of, efforts to prevent, and responses to sexual assault.

THE POLICY

Sexual assault is defined as sexual contact without consent.

Further Information

Consent is defined as the act of freely, actively, and willingly agreeing to engage in sexual behavior. Silence or non-communication does not constitute consent, and a person in a state of diminished judgment cannot be considered to consent. Consent requires that a person be able to freely choose between two options: yes and no. A person is considered to be incapable of giving consent if she/he is asleep, unconscious, or otherwise unable to communicate. No one who has been threatened, coerced or drugged can be considered to consent. A person is usually considered to be unable to give consent when she/he is under the influence of alcohol and/or drugs, or is mentally handicapped. A current or prior sexual or dating relationship does not constitute consent. A person can withdraw consent at any time during the course of a sexual encounter.

Sexual contact without consent could, theoretically, constitute everything from a manipulation of clothing to a violent encounter, including rape. Kalamazoo College's policy is intentionally broad to address a wide array of behaviors. The key issue is that of consent. No student should be subjected to sexual contact without his or her consent, and no student should pursue such contact without the partner's clear consent.

LOWERING THE RISK OF SEXUAL ASSAULT

It is the responsibility of every student at Kalamazoo College to lower the risk of sexual assault. Sexual assault occurs most often on college campuses between acquaintances and when alcohol or other drugs are involved. It can occur between people who are dating or as part of a casual sexual encounter which starts out as consensual. Peer pressure and concerns about the reaction of others can make it difficult for survivors of sexual assault to come forward, and can sometimes make it hard to understand if sexual assault may really have occurred. Sexual assault can occur on campus or off, and it can affect both men and women. Some estimates suggest that up to 25% of college women and up to 10% of college men are sexually assaulted during their time in college.

The following factors can place students at risk for being sexually assaulted:

• Use of alcohol or other drugs that impair judgment
• Casual sexual encounters with unfamiliar persons
• Feeling pressured to engage in sexual activity or feeling like everyone else is doing it
• Feeling lonely or depressed
• Not communicating clearly about your wishes and expectations

The following factors can place students at risk for perpetrating sexual assault:

• Use of alcohol or other drugs that impair judgment
• Casual sexual encounters with unfamiliar persons
• Not communicating clearly about your wishes and expectations
• Not seeking clear, unambiguous consent for specific activities
• Ignoring verbal and non-verbal "stop" signs during a sexual encounter
• Assuming consent when none is given

Prevention of sexual assault is the ultimate goal, and individual students are in the best position to lower the risk for most forms of sexual assault. It is essential to communicate assertively and clearly about your wishes and expectations, to seek and/or give unambiguous (yes or no) consent, and to avoid sexual encounters when your judgment is impaired in any way.

Positive action to lower the risk of sexual assault is imperative, and is a responsibility shared by every single student. Programs related to sexual assault (its prevention, its effects, and ways of responding) will be provided by the College periodically.

ROLE OF THE COLLEGE

The College has a clear interest in taking reasonable and appropriate measures to ensure that our environment is conducive to living and learning, and free from sexual assault. In the case of sexual assault, we make efforts to educate the community about the issue and available resources, and have developed protocols to respond to allegations of sexual assault.

The College has several key responsibilities in responding to allegations of sexual assault:

• We will be fair, neutral, and unbiased to all parties, including accused students. All students are entitled to use relevant campus resources, including staff members in the Counseling Center, the Office of the Chaplain, and the Office of the Dean of Students.
• To the extent possible to permit effective investigation and as allowed by law, we treat reports of sexual assault as confidential. The Chaplain and the Counseling Center staff are the only strictly confidential sources of support on campus; other staff and faculty members are required to share allegations of sexual assault with the Dean of Students.
• In the case of an alleged felony, the College is required to share information with the Kalamazoo Department of Public Safety.
• We will provide students with accurate information about the College's response to sexual assault.
• A campus announcement may be made if an allegation suggests that the community's safety is at risk (for example, if the alleged assailant is unknown to the student making the report).
• We will meet our legal obligations to report campus crime statistics (without personally identifying information) to the community.
  

Options for Responding to Sexual Assault

Knowing what to do in the wake of an incident of sexual assault is challenging. There may be multiple, conflicting ideas and impulses. The most important point in determining what to do is to find the right course of action for the survivor. Friends, loved ones, and family members often have strong feeling about what a survivor "should" do. Each person needs to make the decisions that are best for him or her, regardless of what others might hope.

The College will do everything possible to respect and abide by the options selected by survivors of sexual assault. In rare cases, typically involving concerns about campus safety and security, the College reserves the right to pursue investigation and action that may differ from what the student chooses.

No matter what option(s) a student chooses, the College's confidential supportive resources (counseling, chaplain), as well as non-confidential resources (Student Development staff) are available. We strongly encourage their use. Official reporting of an incident entails talking with a member of the Dean of Students' Staff or with a member of the Security staff. A report may, if requested by the survivor and if such changes are reasonably available, result in a change in academic or living situations.

A. Student may wish to notify the College of the alleged incident and pursue no other official action.

The student reports information about the alleged incident to a college official, sharing as much detail as they wish, and doesn't wish to take any formal action. This may be a temporary or final decision, and can serve to alert the College in case another student makes an allegation about the same alleged perpetrator. In some cases, this may entail an investigation and follow-up action by the College.

B. Student may wish to pursue informal action to resolve the matter.

The informal action might include a structured meeting with the alleged perpetrator and the survivor, a meeting with a member of the Dean of Students' staff and the alleged perpetrator, or other methods. This may be a temporary or final decision, and can serve to clarify and discuss the incident in a structured and safe environment.

Such an informal action does not constitute a formal disciplinary proceeding. The essential elements of this process include taking action that is most likely to achieve the desired outcomes as determined by the student, while ensuring that none of the participants is placed at significant risk in doing so. If an informal action does not succeed, formal disciplinary action remains an option.

C. Student may wish to pursue formal disciplinary action to resolve the matter.

Following an investigation, the alleged perpetrator would be charged with violating the Student Code of Conduct and a formal hearing would occur (please refer to the Student Code of Conduct, Article IV, for specific procedures). The hearing would determine whether the Code had been violated and, if so, would determine the appropriate sanction. This requires the participation of the survivor (a formal written report). It is the most significant College action a student can take. Sanctions for students found responsible for sexual assault range from a Warning to Expulsion, and will likely result in Suspension or Expulsion from the College. Please refer to the Student Code of Conduct for more information.

The student making the complaint (complainant) will provide a written account of the incident(s), resulting in formal charges against the accused student. The Student Conduct Board will hear the case and the complainant will most likely participate in the hearing as a witness. Both the complainant and the accused student may have one advisor with them during the process. Material witnesses may also be called. The complainant and accused students have the opportunity to question each other and each witness. If the accused student is found responsible for violating the Code of Conduct, it will become part of his or her formal disciplinary file. The accused student has the right to appeal a finding. Whatever the finding, the accusing student will be notified of the outcome of the hearing. More detailed information about disciplinary hearings can be found in the Student Code of Conduct.

D. Student may wish to pursue legal action.

Legal action involves the survivor reporting the incident to the Kalamazoo Department of Public Safety. A police investigation usually follows. This option can be pursued simultaneously with or separate from any College resolution processes, and College staff will help facilitate this reporting if requested by the student. The College will cooperate with legal investigations.

RESOURCES IF YOU HAVE SURVIVED SEXUAL ASSAULT

If you are a survivor of sexual assault, you are likely to have many concerns. Among the most common concerns for survivors are physical health and safety, mental and emotional health, medical issues such as sexually transmitted diseases (for women, this may include concerns about pregnancy), and options for response to the issue.

With respect to your response, it is most important to do what is right for you. There are no right or wrong ways to handle sexual assault. Friends, loved ones, and family members often have strong feeling about what a survivor "should" do. Each person needs to make the decisions that are best for him or her, regardless of what others might hope.

If you have just been sexually assaulted:

• Get to a safe place and contact someone who can help you (a friend, RA, college counselor, family member, Security, the Police, the YWCA). Your support person can be with you at every step of the way.
• Do not change clothes, bathe, eat or drink. These activities can destroy important physical evidence if you decide to press legal charges.
• Get medical attention at the YWCA or the emergency rooms of Borgess Hospital, Bronson Hospital, (contact information is below).
• If you wish to make a police report, contact Kalamazoo Public Safety (contact information is below).
• Contact the YWCA, Gryphon Place Help Line, or the National Domestic Violence Hotline (contact information is below) for immediate crisis support.
• If you are able, write down your account of the incident. Though difficult, this will be helpful if you choose to pursue College or legal action against the alleged perpetrator.

Personal and emotional support are essential to recovering from sexual assault. We encourage you to avail yourself of all relevant campus and community resources listed below. Whether you were subjected to sexual assault recently or in the past, all resources can be helpful to you.

Campus Security: 269.337.7321
Kalamazoo Public Safety: 269.337.8994

Medical Treatment

You can seek medical treatment in a variety of locations. The Health Center and your private doctor will be able to provide care for injuries, testing for sexually transmitted diseases, and, if applicable, provide emergency contraception. To be effective, emergency contraception must be started within 72 hours of an incident. The Health Center and your private physician will not collect legal evidence as part of their exam protocol.

An exam which includes gathering legal evidence must be conducted at Bronson Methodist Hospital, Borgess Hospital, or the local YWCA. It is recommended that those seeking treatment at any of these places refrain from changing clothes, bathing, brushing teeth, drinking, or urinating (if possible) before the exam. This will provide the best chance of collecting evidence. This type of exam enables a survivor to press legal charges against an alleged perpetrator if they wish to do so. Completing the exam does not require that the survivor press charges.

Important phone numbers for medical assistance:

YWCA (free, confidential counseling and advocacy services as well as medical exams)
Phone: 269.385-3587 (24 hours a day-Crisis Line)
Phone: 269-385-2869 (Business Line)
Location: 353 E. Michigan

Borgess Hospital (Trauma Services)
Phone: 269.226.6917 (24 hours a day)
Location: 1521 Gull Road

Bronson Methodist Hospital (Trauma and Emergency Center)
Phone: 269. 341.6386 (24 hours a day)
Location: 601 John Street

Kalamazoo College Student Health Center (will not collect legal evidence)
Phone: 269.337.7200 (9:00 am - 5:00 pm, Monday - Friday)
Location: Hicks Center

Support and Information

Survivors often need confidential support and information. Confidential on-campus support includes:

The Counseling Center
Phone: 269.377.7224 (24 hours a day)

The Chaplain
Phone: 269.337.7362
Stetson Chapel

Off-campus confidential resources include:

YWCA (free, confidential counseling and advocacy services as well as medical exams)
Phone: 269.345.3036 (24 hours a day)
Location: 353 E. Michigan

Gryphon Place (confidential, 24-hour crisis and information)
Phone: 269.381.4357

National Domestic Violence Hotline (confidential, 24-hour crisis and information)
Phone: 800.799.7233

Questions about Kalamazoo College's sexual assault policy should be addressed to the Office of the Vice President for Student Development and Dean of Students.