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Things To Know

Policy

CSC's Sexual Violence or Sex Harassment Reporting, Policies and Procedures provides the exclusive mechanism for managing the non-criminal reporting, processing, investigation, and resolution of complaints of sexual misconduct filed internally. At CSC, Sexual Misconduct is defined as:

  • Sexual Harassment
  • Non-Consensual Sexual Contact
  • Sexual Assault
  • Sexual Exploitation
  • Intimate Partner Violence (Domestic and Dating Violence)
  • Stalking

What is Consent?

Consent is agreeing to an action based on your knowledge of what that action involves, the consequences of that action, and having the option of saying no. In a sexual situation, consent works the same way – before engaging in a specific sexual activity, an agreement must be made between the partners.

The problem some students have with this concept is that some forms of consent are more effective than others. Thus, EFFECTIVE CONSENT IS…

  • Unambiguous: Effective consent is when partners demonstrate a clear and mutual understanding of exactly what they are consenting to and permit that activity to happen
  • Freely given: Consent cannot be coerced or gained by trickery, intimidation, threats or acts of violence. Any form of sexual activity attempted or committed by a student at any component within the Chadron State College system (“CSC”) with another without their consent is sexual assault, a possible violation of, and perhaps the law
  • Active: A person can give consent and then change his or her mind. Therefore, the best practice would be that you ask your partner for consent at every stage of the sexual experience; if you want to move to the next level of sexual intimacy, ask your partner if that’s what he or she wants to do. If you do not ask for consent, you are at risk of doing something the other person does not want you to do. You might disrespect and/or hurt someone. Worse yet, you might put yourself at risk of breaking the policy or the law by committing a sexual assault
  • Unassuming: Consent cannot be implied or assumed, meaning, someone’s silence does not equal consent or a “YES!” Moreover, someone “freezing” – or failing to fight to keep the person from performing an unwanted sexual act is also not consent. To make sure you and your partner are safe, make sure you don’t assume anything and get the “YES!” before you make your move.

Are there circumstances when a person cannot give effective consent?

Circumstances in which a person CANNOT give effective consent (no matter what they might verbalize):

  • When coercion, trickery, intimidation, threats or acts of violence are used
  • The person is asleep or unaware that a sexual assault is occurring
  • The person does not have the legal capacity to consent (such as being underage)
  • The person is “out of it” or incapacitated due to the influence of drugs, alcohol, or medication.

First Get Help

If you are a victim of sexual assault, please consider the following:

Calling the police. If you are in danger call police immediately by dialing 911. You can call the police in the where the violence occurred, you can contact the CSC campus security, or the Chadron Police Department. By calling the police you may receive information regarding your rights as well as information regarding the preservation of evidence necessary to the proof of sexual violence.

Getting medical attention. Even if you don't want to file a police report, consider receiving medical attention at a doctor’s office, urgent care clinic or a hospital as soon as possible. Even though you may not feel any pain, you may be injured. Also, if you are a victim of sexual assault, a sexual assault forensic exam may be performed by a medical professional certified in this area at no cost to you. A person who has been the victim of rape or other sexual assault is encouraged to request collection of medical-legal evidence through what is called a Sexual Assault Forensic Exam (SAFE) performed within 4 days of the incident. Collection of evidence entails interaction with police and a police report. Prompt collection of physical evidence is essential should a person later decide to pursue criminal prosecution and/or a civil action. If the sexual assault occurred outside of 72 hours, a free and confidential exam still can be administered at local hospitals; however, the sooner a rape or sexual assault is reported, the more likely evidence will remain. To help preserve evidence, the victim is encouraged to avoid:

  • bathing or douching;
  • washing hands or face;
  • urinating;
  • drinking any liquids;
  • smoking, eating, or brushing their teeth;
  • if clothes are changed, soiled clothes should be placed in a paper bag (plastic can destroy crucial evidence). For more information about the sexual assault forensic exam see http://hopelaws.org/.
  • Consulting a confidential resource such as a licensed professional counselor, medical professional or a member of the clergy. These trained professionals can provide counseling, information, and support under legally protected confidentiality. Because these relationships involve privileged conversations, these confidential resources will not share information with the Title IX Coordinator or any other employee of the College without the individual’s express permission. They may, however, submit non-identifying information about the incident for purposes of making a statistical report under federal law.
  • Contacting your campus Title IX Coordinator. That person will be able to provide you with the various options available to you and can help you secure any accommodations you might need like an adjustment to your housing or your class schedule.
  • To find more information on getting help, please click the on the Resources tab.

Reporting by the Victim

If you choose to report these issues, here is some information that might be helpful to you.

  • The College strongly encourages individuals to access services, such as counseling and medical help, that can respond to the immediate mental and physical impact of an act of Sexual Assault. Individuals can access these services regardless of whether they report what happened.
  • The College strongly encourages reporting as soon as possible. Prompt reporting may preserve options that delayed reporting does not, including immediate police response and the preservation of physical evidence that may be necessary to prove an alleged criminal offense or to obtain a protective order.
  • Once an individual alerts the College of a violation of the Policy 3020, they will be provided with information including the Policy 3020, their rights, reporting options, and support resources.

Anonymous Reporting

The College offers an anonymous reporting site for all violations of Chadron State College policy including sexual assault, rape, stalking, relationship violence and sexual harassment. If a potential Title IX violation has been reported, this report will be sent to the Title IX Coordinator for investigation and follow-up, all other policy violation reports will be reviewed by the Senior Director of Student Affairs. Please note, by filing an anonymous report, limitations in information provided may prevent the College from completing a thorough investigation.

Confidential Reporting

At CSC some resources are confidential meaning these persons will respect your privacy by not disclosing anything revealed to them by you except under agreed upon conditions. Confidential resources include college staff of campus counseling or health centers, individuals operating in the role of a pastoral counselor, other College employees whose job is to provide medical and mental health care and College Athletic trainers. These resources do not report any information about an incident to the Title IX Coordinator without a victim’s permission. Community-based programs not affiliated with the College may also be confidential resources and would follow their own policies and procedures regarding reporting duties. However, these resources may have reporting obligations under state or federal law. For example, healthcare providers and certain other individuals are required to notify law enforcement when a victim seeks treatment for injuries related to a violent crime, including sexual assault. Similarly, all persons are required to notify law enforcement when they receive a report of sexual abuse of a minor.

Required Reporting

All employees, students, and third parties are strongly encouraged to immediately report any incidents alleged sexual assault to the Title IX Coordinator.

All Responsible Employees who receive a report of Sexual Assault must share that information with the Title IX Coordinator and cannot maintain confidentiality with the exception of:

  1. The staff of a counseling or health center
  2. Individuals who are associated with the College in the role of a pastoral counselor

How to Respond to Someone Who May Have Experienced Sexual Assault

Remember, everyone in the Chadron State College community cares. If you see someone in need, you should help them. With that said, because you are a member of this community, you may find yourself in the position of responding to a direct disclosure of sexual assault from another member. And if that happens, here is how you can help them.

Step 1: Care for that Person

  • Prior to a Disclosure.
    If you believe the person (reporter) is about to tell you about and incident of sexual assault, explain your reporting duties before they make the disclosure. If the reporter wants to talk to someone WITHOUT any information being reported, refer them to the confidential resources listed in the resources section of this website. Also, here is a sample script you could use:

    “I need to tell you that if I become aware that sexual assault has occurred, I am required to inform College staff who are specially trained to respond, so that steps can be taken to ensure your safety and the safety of our community. Your privacy will be respected, but if you prefer to talk to someone who does not have an obligation to report, there are other options. On campus, you can talk to someone in our counseling center.”
     
  • During the disclosure: Listen with empathy.
    Listening is the single most important thing that you can do. No one deserves to be a victim of violence, regardless of the circumstances. Let the victim know they are not to blame for the assault. Avoid asking questions that imply fault, such as “How much were you drinking?” or “Why didn’t you call the police?” Instead, say something simple and kind, like:

    “I’m sorry that this happened to you.” or “Thank you for telling me.”
     
  • During the disclosure: Provide Non-Judgmental Support and Respect Their Decisions
    One of the most important ways to provide support is to listen without judging or blaming. Remember that no matter the circumstances, no one deserves to be subjected to sexual assault. Allow the victim to talk about their experience. The person may not know what to call what happened; do not define the experience for them. Follow their lead; do not take control of the situation or try and do something to “fix” it. Having experienced sexual assault can cause the person to feel a loss of control; let the victim make their own decisions, and support their decisions. Also understand that everyone responds uniquely to sexual assault. Some common reactions may include shock, fear, embarrassment, guilt, anger, depression, and/or feeling overwhelmed. This is okay. Remember, you are not an investigator; you are someone the victim trusts. Avoid telling the victim what they “should” or “must” do. One of the most important things you can do is help the victim take back the power that they have lost. Try phrases like:

    What kind of help do you need?” or “When you are ready, there is help available.”

Step 2: Get the Student Help

  • Ensuring the student is safe. If there is immediate danger, contact your campus security or local police department. Remember, it is always the victim’s choice whether or not to report to the police.
  • Connecting the Victim with Resources. If the reporter is a victim of sexual assault, you should provide the victim with additional information for contacting on-and-off campus resources. You could start by making them aware of this website if they are not aware of it already.

Step 3: Contact Your Title IX Coordinator

Contacting the Title IX Coordinator. At the earliest possible time (no later than 24 hours) after you receive information that a student has experienced sexual assault, you must report it to your College’s Title IX Coordinator. You will need to report all relevant details about the incident(s) disclosed by the reporter. This includes the names of the reporter, the accused, and any witnesses, as well as any other relevant facts, including the date, time, and specific location of the incident. Once you have reported to your College’s Title IX Coordinator, you do not need to take further action. Understand, however, that you may be contacted for follow-up information as the College proceeds to respond to the report.

Retaliation

The College takes reports of Sexual Assault very seriously and will not tolerate retaliation against those who make such reports or participate in the investigation or adjudication process. Retaliation includes, but is not limited to, any adverse employment or educational action taken for making a report of Sexual Assault, or otherwise participating under Policy 3020.

Any actual or threatened retaliation, or any act of intimidation to prevent or otherwise obstruct the reporting of a violation of Policy 3020, or the participation in proceedings relating to a report of Sexual Assault, may be considered a separate violation of the Sexual Assault Policy 3020 and may result in disciplinary sanctions.

Any person who believes that they have been subjected to retaliation should immediately report this concern to their Title IX Coordinator.

International Students

It is important to note that the process of responding to reports of sexual assault protects all members of the campus community regardless of their citizenship status.

If you have any questions or concerns, please refer to the Contact Information tab on the left.

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