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Sexual Misconduct Policy and Protocol

Policy Statement
Central Connecticut State University (CCSU) will not tolerate sexual misconduct against students, staff, faculty, or visitors, whether it comes in the form of sexual assault, sexual exploitation or sexual harassment, as defined in this policy. In an ongoing effort to prevent sexual misconduct on the CCSU campus, the University provides education and prevention programs for the CCSU community and pursues all criminal and administrative remedies for complaints of sexual misconduct.

Reason for the Policy
CCSU is a community dependent upon trust and respect for its constituent members: students, faculty, staff and those visiting or under temporary contract. As noted in CCSU’s Violence Free Campus Policy, members of the University community have the right to a safe and welcoming campus environment. Acts of sexual misconduct threaten personal safety and violate the standards of conduct expected of community members.

Individuals and Entities Affected by this Policy
This policy applies to anyone on the property of Central Connecticut State University, as well as anyone present at CCSU-sponsored programs or events. This policy extends to off-campus violations of both students and employees in limited circumstances as noted below:

Students: “Off-campus misconduct may be subject to the jurisdiction of the University and addressed through its disciplinary procedures if one of the following conditions is met: (i) a student engages in prohibited conduct at an official University event, at a University-sanctioned event, or at an event sponsored by a recognized student organization; or (ii) a student engages in prohibited conduct under such circumstances that reasonable grounds exist for believing that the accused student poses a threat to the life, health or safety of any member of the University community or to the property of the University. ” CCSU Student Code of Conduct, Part B

Employees: The decision of whether to investigate and discipline employees for off-campus misconduct will be made by the appropriate university administrator on a case-by-case basis in accordance with collective bargaining agreements, CSU/university policies, and state regulations.

Who Should Read this Policy?
All members of the CCSU community.

Definitions

Consent
Consent is the equal approval, given freely, willingly, and knowingly of each participant to desired sexual involvement. Consent is an affirmative, conscious decision – indicated clearly by words or actions – to engage in mutually accepted sexual contact. A person forced to engage in sexual contact by force, threat of force, or coercion has not consented to contact. Lack of mutual consent is the crucial factor in any sexual assault. Consent CANNOT be given if a person’s ability to resist or consent is substantially impaired because of a mental or physical condition. Examples of such mental or physical
conditions include, but are not limited to: unconsciousness; physical force; substantial impairment because of a psychological health condition; substantial impairment because of voluntary intoxication; or substantial impairment because of the deceptive administration of any drug, intoxicant or controlled substance.

Sexual Assault
Any non-consensual sexual contact [contact with the intimate parts of a person not married to the perpetrator for the purpose of sexual gratification of the perpetrator or for the purpose of degrading or humiliating the victim] with the victim’s intimate parts [the genital area or any substance emitted there from; groin, anus or any substance emitted there from; inner thighs; buttocks or breasts. whether by an acquaintance or by a stranger], is a sexual assault. Physical resistance need not occur to fulfill the definition of sexual assault. Consent can NEVER be given by anyone under the age of sixteen. Sexual assault includes, but is not limited to the following: Rape; acquaintance rape (e.g. friend, classmate, peer, co-worker, partner, etc.); incest; sexual assault with an object; forcible sodomy; forcible oral sex; and forcible fondling.

Sexual Exploitation
Sexual exploitation is also prohibited at CCSU. Sexual exploitation occurs when a person takes non‐consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute sexual assault. Examples of sexual exploitation include, but are not limited to: prostituting another person; non‐consensual video or audio‐taping of sexual activity; non-consensual sharing of obscene sexually explicit photographs or images by whatever means, electronically or otherwise (e.g., via the internet); going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); engaging in Peeping Tommery; or, knowingly transmitting a sexually transmitted infection (STI) or HIV to another.

Sexual Harassment
CCSU’s policy on sexual harassment defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education, evaluation of a student's academic performance, or term or condition of participation in student activities or in other events or activities sanctioned by the university; or,

2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions or other decisions about participation in student activities or other events or activities sanctioned by the university; or

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance; or creating an intimidating, hostile, or offensive work or educational environment.”

Sexual Misconduct
Sexual misconduct refers to sexual assault, sexual exploitation and sexual harassment as described in the Policy.

1. Contact with the intimate parts of a person not married to the perpetrator for the purpose of sexual gratification of the perpetrator or for the purpose of degrading or humiliating the victim.

2. “Intimate parts” means the genital area or any substance emitted there from; groin, anus or any substance emitted there from; inner thighs; buttocks or breasts.


Responsibilities

CCSU Police
The CCSU Police have a responsibility to uphold and enforce the law even if the victim does not want to make a complaint and/or participate in the process. As a result, once a report is made to the police, they have a duty to investigate the matter to the extent possible. This does not mean that a victim will be forced to participate in either a police investigation or a criminal prosecution. In addition, the CCSU Police will notify appropriate campus officials such as Student Affairs, the Human Resources Department and the Office of Diversity and Equity.

Human Resources Department
Human Resources is the department responsible for carrying out investigations regarding allegations of employee misconduct that violate University and/or State policy and making recommendations for appropriate administrative action. If required, the accuser and the accused will be afforded due process rights.

Office of Diversity and Equity
One of the roles of the Chief Diversity Officer is to investigate complaints of discrimination and sexual misconduct when these complaints are brought to the attention of University officials. The Chief Diversity Officer serves as the Title IX coordinator. If the person accused is a student, the incident will be reported to the Office of Student Conduct that has the responsibility for administering the Student Code of Conduct.

Student Affairs
Student Affairs is responsible for the administration of the non-academic misconduct portion of the Student Code of Conduct as detailed in the Student Handbook. This responsibility includes the investigation of allegations of student misconduct that violates University policy, and taking appropriate administrative action. If required, the accuser and the accused will be afforded due process rights.

Sexual Misconduct Protocol  (pdf)

Sexual Misconduct Procedure Checklist for Faculty & Staff (pdf)

Complaint Form (pdf)

 

Date of Adoption: October 25, 2011
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