Policy for Handling Sexual Offenses                                   UPPS No. 07.09.03
Issue No. 4
Effective Date: 10/19/2005
Review: July 1 E2Y

                                                                                                Attachment I

  

 

01.       POLICY STATEMENTS

 

01.01  This UPPS sets forth Texas State’s policy regarding sexual offenses. Its purpose is to inform students, faculty, staff and others about the University's sexual offense programs and the procedures followed once a sex offense has occurred. Texas State condemns sexual offenses and will not tolerate them.

 

01.02  University officials affected by this policy, including the Dean of Students, Residence Life officials, Student Health Center officials, and Counseling Center staff, will develop and administer office procedures for implementing this policy, for preventing sex offenses, and for informing students and others in more detail about the University's sexual offense programs and the procedures followed once a sexual offense has occurred.

 

01.03  University Police and medical personnel have extensive training in handling sexual offenses, therefore they are authorized to use professional judgment, which may vary from the procedures in this UPPS.

 

02.       DEFINITION OF SEXUAL OFFENSE

 

02.01 The definition of sexual offense can be found in Chapters 21 and 22 of the Texas Penal Code.

 

03.       EDUCATION PROGRAMS

 

03.01 Texas State’s Counseling Center, Alcohol and Drug Resource Center, Student Health Center, Residence Life staff, and University Police Department will provide students and employees with programs designed to promote the awareness of rape, acquaintance rape, and other sexual offenses.

 

03.02 The University Police Department's Community Awareness and Resource Team unit will conduct sexual offense programs for students and employees aimed at preventing and reporting sexual offenses, preserving evidence, and identifying special services to assist victims of sex offenses.

 

04.       PROCEDURES STUDENTS AND OTHERS SHOULD FOLLOW IN THE CASE OF A SEXUAL OFFENSE

 

04.01 Persons with knowledge of sexual offenses (whether the victim or a third party) should report them to the University Police Department or the Dean of Students.

 

04.02 Persons aware of sexual offenses may contact any of the university departments listed below. Attachment I contains guidelines for assisting sexual offense victims.

 

a.   Victims or witnesses of sexual offenses should call the appropriate law enforcement agency, such as the University Police Department (911 or 245-2805), the San Marcos Police Department (either 911 or 753-2108) or the Hays County Sheriff's Office (393-7896). Law enforcement agencies may assign a pseudonym to the victim of a sex offense in order to assure the victim's anonymity.

 

b.   Victims or witnesses may also contact a medical facility, such as Texas State’s Student Health Center (245-2161), the Central Texas Medical Center (353-8979), or EMS (353-5115).

 

c.   Victims or witnesses may also call the Counseling Center (245-2208), the Dean of Students (245-2124), or Residence Life (245-3705). Employees in these offices are trained to respond appropriately to such calls.

 

04.03 Preserving evidence as may be necessary for the proof of sex offenses, including sexual assault, is important. Persons with knowledge of a sexual offense should preserve evidence, such as clothing, and not disturb the scene of the incident. Preserving the evidence means not tampering with the evidence or otherwise inadvertently destroying critical evidence and allowing only trained law enforcement personnel to collect the evidence.

 

05.       DISCIPLINARY PROCEDURES

 

05.01 The student handbook includes procedures for disciplinary actions used with Texas State students. The faculty handbook and the staff handbook contain procedures for disciplinary actions applied to faculty and staff employees.

 

a.   Students: Following a final determination of campus disciplinary procedure regarding sexual assault, acquaintance based sexual assault, or other sex offenses, forcible or non-forcible, the University may impose any of the disciplinary sanctions in the code of student conduct listed in the student handbook. These sanctions include expulsion or permanent separation from the University.

 

b.   Faculty and Staff employees: The University may impose any sanction, including termination of employment, outlined in the faculty handbook and the staff handbook, respectively, against a faculty or staff employee for sexual assault or other sexual offenses, forcible or non-forcible.

 

05.02 The accuser and the accused are entitled to the same rights to have others present during a campus disciplinary proceeding relating to a sexual offense.

 

05.03 The Coordinator of Student Justice or the appropriate vice president will notify both the accuser and the accused of the outcome of any campus disciplinary proceeding brought alleging a sexual assault.

 

06.       OPTIONS FOR NOTIFYING LAW ENFORCEMENT AUTHORITIES

 

06.01 Victims of sexual offenses are not required by law to report the offense or to pursue legal action. However, it is recommended that victims report the offense immediately to the University Police Department or the local law enforcement authority in order to facilitate the collection of important evidence and to preserve their option for pursuing legal action at a later time. A pseudonym can be requested if the victim wishes to maintain anonymity during the process. University officials will provide the victim with assistance in notifying the proper authorities of a sexual offense.

 

06.02 Any person may request assistance from campus officials in notifying law enforcement authorities. University officials will provide full assistance to persons who request help in notifying authorities of a sexual offense.

 

07.       ASSISTANCE FOR VICTIMS OF SEXUAL OFFENSE

 

07.01 Texas State provides counseling and other services for victims of a sexual offense:

 

a.   The University's Counseling Center provides psychological counseling and a referral service for victims who request treatment.

 

b.   The Alcohol and Drug Resource Center provides educational, counseling, and referral services in sexual offenses and cases that involve alcohol or substance abuse.

 

c.   The Student Health Center provides counseling and medical treatment.

 

d.   Residence Life provides support and services for student residents.

 

07.02 The Hays-Caldwell Women's Center (396-4357), a community-based organization, provides sexual offense counseling and support for victims.

 

08.       OPTIONS FOR CHANGES IN ACADEMIC AND LIVING SITUATIONS

 

08.01 Students who reside on campus have the option to change their living situations after an alleged sexual offense incident, upon request to Residence Life, provided such changes are reasonably available.

 

08.02 Students have the option to change their academic schedules after an alleged sexual offense incident upon request to the proper academic dean, provided such changes are reasonably available.

 

09.       REVIEWERS OF THIS UPPS

 

09.01 Reviewers of this UPPS include the following:

 

Position                                                                      Date

 

Coordinator, Student Justice                                   July 1 E2Y

 

Director, Counseling Center                                    July 1 E2Y

 

Director, Student Health Center                              July 1 E2Y

 

Director, University Police                                       July 1 E2Y

 

Dean, University College                                         July 1 E2Y

 

 

10.       CERTIFICATION STATEMENT

 

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

 

Coordinator of Student Justice; senior reviewer of this UPPS

 

Dean of Students

 

Vice President for Student Affairs

 

President