Sexual assault
Rape, sexual assault and attempted rape or sexual assault are violations of Reed policy and the Honor Principle that can warrant suspension, expulsion or termination from the college and criminal prosecution. Note: Because most incidents concern sexual assaults of women by men, in these procedures we refer to the survivor as "she." The college's goal is to provide prompt, effective, sensitive assistance to survivors of sexual assault and to protect other members of the community from harm. The college strives to empower the survivor giving her as much control over decisions about notification, medical or other treatment, filing of criminal charges, and other matters as the law and individual circumstances allow. The procedures outlined below describe the options to be considered in case of a sexual assault, with particular attention given to describing the roles of the deans, counselors, and community safety officers when the assault is on a student. Confidentiality issues involved in reporting sexual assaults are provided to allow assault survivors to understand their options. The college recognizes that students will most likely speak to a friend or other acquaintance first. What follows is a description of the professional resources available on campus. These procedures are intended to provide prompt, effective, sensitive assistance to survivors of sexual assault and to protect other members of the community from harm. The college's first priority is protection of the victim and other community members from further harm. Call a friend, family member, or someone of trust to stay with; consider calling the police or community safety. In the event of an assault, an immediate, crucial consideration is that of preserving evidence. Should a survivor be even remotely considering the possibility of eventually pursuing criminal sexual assault charges, evidence found on or in the body must be collected by trained medical personnel (see section on Following Notification for more details). While this can feel like adding trauma to trauma, at the very least the student should consider not immediately taking a shower or washing or destroying the clothes associated with the assault. A. Reed's health services B. Additional campus contacts and resources C. Off-campus resources A. If the survivor needs or wants immediate medical attention beyond what health services can provide, or health services is closed, either 911 will be called (if emergency care is needed) or transportation to the Oregon Health and Science University (OHSU) hospital emergency room will be arranged (a female taxi driver can be requested if a taxi is used). The OHSU triage nurse is notified that a rape survivor is coming. At the emergency room the survivor should expect the following: i. A counselor from the Rape Victims Advocacy Project accompanies the survivor through the procedures and informs her about counseling options available through OHSU and the services available through the Portland Women's Crisis Line. B. If the survivor is not in need of immediate medical attention, the counselor, student services staff, or CSO offers support and explains the resources available as outlined above and including: i. Students living on campus can request a change of housing; students living off campus can request a move onto campus. C. At the discretion of the survivor, the counselor or CSO may assist in filing a report with the Portland Police Bureau. The survivor may request that the Portland Police Bureau investigate the crime and gather evidence at the time of the incident. The survivor should realize that delay in reporting a crime usually results in the loss or destruction of important evidence. Moreover, it is important to have a timely incident report on file if the survivor later decides that she would like to take further action. The survivor may request that the Police Bureau not investigate the crime itself but rather maintain the information of the crime and its particulars in its regular reservoir of crime data. D. In the case of student-student assaults, the survivor should consider discussing with a member of the honor council or a designated officer of the college the procedure for filing a formal complaint. The survivor should file the formal complaint as quickly as possible after the events giving rise to the complaint, since failure to do so may make it difficult or impossible to resolve the matter. A formal complaint should be filed according to the procedures of the Student Judicial Board Code. Complaints against staff employees of the College should be filed with the director of human resources or the vice-president/treasurer according to the procedures of the staff handbook. Complaints against faculty members should be filed with the dean of the faculty or his or her designee, under Sections F and G of the Rules of Procedure of the Faculty. These procedures are in addition to, and not a replacement for, civil or criminal remedies that may be available. Furthermore, the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding; and both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding brought alleging a sexual assault. Silence, previous sexual relationships, and/or current relationship with the respondent (or anyone else) may not, in themselves, be taken to imply consent. Consent cannot be implied by attire, or inferred from the buying of dinner or the spending of money on a date. Intentional use of alcohol/drugs by the respondent may not, in itself, be taken to imply consent. Consent to sexual activity may be withdrawn at any time, and all sexual activity must cease. Consent has an expiration date. Consent lasts for a reasonable time, depending on the circumstances. Mentally disabled persons cannot give consent to sexual activity if they cannot appreciate the fact, nature, or extent of the sexual situation in which they find themselves. The mental disability of the party must be known or reasonably knowable to the non-disabled sexual partner, in order to hold them responsible for the violation. Therefore, when mentally disabled parties engage in sexual activity with each other, such knowledge may not be possible. Consent cannot be obtained through the use of fraud or force (actual or implied) whether that force be physical force, threats, intimidation, or coercion. Physical force exists, for example, when someone acts upon you physically, such as hitting, kicking, restraining or otherwise exerting their physical control over you through violence. Threats exists where a reasonable person would have been compelled by the words or actions of another to give permission to sexual contact they would not otherwise have given, absent the threat. For example, threats to kill or harm you, or to harm someone you care for, are sufficient to constitute threats. Intimidation exists where someone uses their physical presence to menace you, though no physical contact occurs, or where your knowledge of prior violent behavior by an assailant, coupled with menacing behavior, places you in fear as an implied threat. Coercion exists when a sexual initiator engages in sexually pressuring and/or oppressive behavior that violates norms of respect in the community, such that the application of such pressure or oppression causes the object of the behavior to engage in unwanted sexual behavior. Coercion may be differentiated from seduction by the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, and the initiator's knowledge that the pressure is unwanted. A person who is the object of sexual aggression is not required to physically or otherwise resist a sexual aggressor.Goal
Procedures
1. Go to a safe place
2. Preserving the evidence
3. Notification
In the case of an assault on campus or involving Reed community members, the student's next decision is about whom they should inform about the assault or seek assistance from. Reed encourages students to contact Reed's health service and speak immediately with a college counselor. Counselors can assist the survivor in locating immediate treatment, as well as follow-up and related care. The medical and counseling staff can also advise the survivor on reporting procedures, both on-campus and local law enforcement actions, as well as any confidentiality or privacy considerations. The role of the counselor is to support and empower the survivor to retake control of the situation.
Weekdays: x 7349 , or off-campus, dial 503-771-1112 x 7349
Weekends: x 0, or off-campus, dial 503-771-1112 x 0
A counselor from health services can be called directly (dial 7349 from campus; 503/771-1112, extension 7349 from off campus) on weekdays. On weekends and evenings, counselors can be reached by calling the switchboard (dial "0" from campus; 503/771-1112 from off campus). College health services counselors have legal responsibility to maintain the confidentiality of a survivor's call, and only those whom the survivor wishes are notified. The only exception to this strict confidentiality is in cases where the survivor is a minor, judged to be potentially dangerous to herself, or there is an immediate perceived danger to others in the community.
Under such exceptions, the counselor is required to speak with the dean of student services.
Note that only conversations with the college professional health care staff may be kept strictly confidential, as described above. The following resources may be required by law to disclose or investigate the incident. See "Confidentiality" below for more information.
1. Student services --- dial 0
Any member of the student services staff can be called in the daytime and in the evenings or weekends by calling the switchboard (dial "0" from campus; 503/771-1112 from off campus) and asking for a student services staff member.
2. Community safety office --- dial 0
A community safety officer (CSO) can be reached through the switchboard (dial 0 or 7533 from campus, 503/771-1112 from off-campus). The CSO switchboard operator does not ask for personally identifying information when responding to a request for help with a sexual assault situation.
CAMPUS CONFIDENTIALITY
When a survivor talks to a faculty or staff member, including a CSO, about what actually happened (as opposed to describing a hypothetical incident), that staff or faculty member is required, by law, to "act" on the report. Acting will usually involve consulting with the dean of student services. If, in the dean's judgment, there exists the possibility of repeat assaults and/or danger to other community members, an investigation and possible legal and/or campus judicial action is considered. The survivor is consulted regarding this possibility, and effort is made to protect her and preserve her confidentiality throughout.
The survivor's name and/or details about the assault are released only when necessary to protect her and/or other members of the community. The dean also makes decisions regarding notification of people such as other officers of the college, community members in general, the police, and parents (based again on an estimation of the likelihood of repeat assaults and/or danger to the survivor and/or others). The survivor's wishes regarding such notification are respected as much as possible, and she is consulted and informed about every aspect of her situation.
The campus faculty or staff member also contacts the counselor on call, if the survivor has not already done so. The counselor may assist the survivor in locating treatment and understanding law enforcement and campus discipline options.
A. Local Law enforcement --- 911
The survivor is encouraged, but not required, to report the incident as soon as possible to local law enforcement. Campus counselors can assist a student survivor in understanding the legal and campus-wide options available as a result of the incident.
B. The Portland Women's Crisis Line - 503-235-5333
The Portland Women's Crisis Line (503/235-5333) is a 24-hour crisis line. A survivor can remain anonymous, and the crisis line has no duty to report.4. Following notification
The counselor, student services staff, or CSO explains the survivor's options:
ii. If the survivor wishes, or if the survivor is a minor (below the age of 18), the hospital notifies the Portland police when sexual assault cases come in. A patrol officer is dispatched and does the initial investigation. (If a counselor from Rape Victims Advocacy has not yet been secured, the officer sees that one is present.) The officer's initial report is then turned over to a detective with the Sex Crimes Division.
iii. Return transportation to the survivor's residence or to a safe place is provided. The counselor should ensure that the survivor feels safe.
iv. The counselor should offer resources and follow-up care and counseling.
ii. Counseling resources are available on and off campus.
iii. Guidance and resources are available to assist the survivor with the decision to file a police report, police procedures, and other legal options.
iv. Advice and guidance is available to assist the survivor with decisions about Reed College judicial options.
v. Assistance is available to the survivor regarding academic problems that may arise in relation with the assault.SANCTIONS
In the case of student assaults, potential actions may include immediate suspension of the alleged perpetrator by the dean of student services (pending a judicial board hearing) or an honor case brought to the judicial board by or on behalf of the survivor. In the case of faculty assault, proceedings are outlined in the faculty grievance procedures in the faculty constitution. In the case of staff assault, proceedings are described in the staff handbook.
APPENDIX
These explanations are provided to assist students in understanding the circumstances surrounding a potential sexual assault.
Rape
is any sexual intercourse (anal, oral or vaginal), however slight, with any object, by a man or a woman, without effective consent.
Sexual assault
is any sexual touching, however slight, with any object, by a man or a woman, without effective consent.
Attempted Rape or Sexual Assault
Attempts to commit sexual assault or rape are also prohibited under this policy, as is aiding the commission of sexual misconduct as an accomplice.
Sexual harassment
occurs through sexual advances, requests for sexual favors, sexually directed remarks, or other conduct of a sexual nature, which may include rape or sexual assault, as defined above. This behavior constitutes sexual harassment when:
1. such conduct occurs under circumstances implying that one's response might affect academic or personnel decisions that are subject to the influence of the person engaging in the conduct; or
2. such conduct directed against an individual persists despite its rejection; or such conduct directed against an individual is unwelcome, and the person engaging in the conduct knew or should have known the conduct to be unwelcome; or
3. such conduct has the purpose or effect of substantially interfering with an individual's academic or work performance or is so pervasive or severe that it creates an intimidating, hostile, or offensive environment.
Since rape and sexual assault are also considered harassment, students are advised to refer to the Sexual Harassment policy for additional information.
Effective consent
is informed; freely and actively given; mutually understandable words or actions; which indicate a willingness to do the same thing, at the same time, in the same way, with each other. Students are strongly encouraged to talk with each other before engaging in sexual behavior, and to communicate as clearly and verbally as possible with each other. In the absence of mutually understandable words or actions (a meeting of the minds on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity to make sure that he or she has consent. Consent to some form of sexual activity does not necessarily imply consent to other forms of sexual activity. Mutually understandable consent must be obtained by the initiator at every stage of sexual interaction. Mutually understandable consent is almost always an objective standard. Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested a mutually understandable agreement between them to do the same thing, in the same way, at the same time, with one another. The only context in which mutually understandable consent may be considered in its subjective sense is in the context of long-term relationships where couples have established patterns of communicating consent that alter/replace the definition elaborated here.
Ineffective consent
Incapacitated persons cannot give consent. One who is incapacitated as a result of alcohol or other drug consumption (voluntarily and involuntarily), or who is unconscious, unaware, or otherwise helpless, is incapable of giving consent. One must not engage in sexual activity with another whom one knows or should reasonably know to be incapacitated. Physically incapacitated persons are considered incapable of giving effective consent when they lack the ability to appreciate the fact that the situation is sexual, and/or cannot rationally and reasonably appreciate the nature and extent of that situation.
Consent may never be given by a minor to an adult.