Responding to Incidents of Sexual Misconduct

    Oklahoma State University     
Student Judicial Affairs
326 Student Union
405-744-5470

Oklahoma State University does not tolerate nor condone rape and other forms of sexual assault, whether by a stranger or by an acquaintance, whether against women or men. Sexual assault includes, but is not limited to, stranger rape, date rape, acquaintance rape, gang rape, rape by a foreign object, forced sodomy, forced oral copulation, sexual battery, or threat of sexual assault. These actions are violations of law for which criminal charges can be filed and civil remedies sought. They are also violations of University policy for which disciplinary action can be taken, including suspension or expulsion from the University. OSU will provide assistance and support for student survivors of sexual assault. If the alleged offender is a student and a complaint is filed, the University will follow established disciplinary procedures to process the case.

Definitions:

Sexual Misconduct includes any sexual act that occurs without the “effective” consent of the other party and includes the following:

1.  Sexual intercourse (vaginal, anal, or oral penetration)

2.  Other sexual contact

3. “Effective Consent” is:

·        Initiators of sexual activity are responsible for obtaining effective consent.

·        Silence or passivity is not effective consent.

·        The use of intimidation, coercion, threats, force or violence negates any consent obtained.

·        Consent is not considered effective if obtained from an individual who is incapable of giving consent due to the following:

·        a mental, developmental, or physical disability; or

·        s/he is under the legal age to give consent; or

·        s/he is intoxicated by alcohol, beer or under the influence of  drugs.


 

Procedure for Students to Follow If a Sex Offense Occurs:

The Stillwater community is very fortunate to have a Sexual Assault Nurse Examiner (SANE) program at Stillwater Medical Center. This special service assures a victim of sexual assault some degree of privacy and treatment by a specially trained nurse. The nurse will perform the examination and stay with the victim throughout the treatment process. Stillwater Medical Center, Stillwater Domestic Violence Services, and law enforcement collaborate to provide service and care to survivors of sexual assault. The OSU Student Health Center does not have the SANE program and does not provide emergency care.

If you become a victim of a sexual assault, the following procedures are recommended: 

1.Do what you need to do to feel safe; get to a safe place or contact someone with whom you are comfortable. Stillwater has a 24-hour Rape Crisis Line (624-3020) to meet these needs. The Rape Hotline worker will give advice and discuss options about how to proceed. The following are recommended:

  1. Do not shower, bathe, douche, change or destroy clothes; do not eat, drink, smoke or chew gum; do not take any medications. Preserving evidence is critical for criminal prosecution. Although an individual may not want to prosecute immediately after the incident, that choice will not be available without credible evidence. The evidence collected can also be useful in the campus disciplinary process.
  2. Do not straighten the room or place of the incident.
2.The Rape Hotline worker will encourage you to go to Stillwater Medical Center to receive care for any physical injuries that may have occurred. While in the emergency room, treatment will be provided for sexually transmitted diseases and medication will be given to prevent pregnancy.
3.The Rape Hotline worker will dispatch the sexual assault nurse examiner (SANE), a police officer, and a rape volunteer advocate to the exam site. They should all arrive at about the same time.
4.Upon arrival at SMC you will be taken to a private exam area. The nurse, the advocate, and police officer will be directed to this same location.

5.The rape advocate will support you throughout the entire exam, which will be performed by the nurse. The advocate will give you a packet of toiletries. You may clean up in the exam suite. A change of clothing will be provided if your clothing is kept for evidence.

6.If a family member or significant other comes to the hospital, the advocate may call a backup advocate to support this person while you undergo the exam.

7.The advocate will provide a packet of written materials to you. This material contains information about common reactions to rape, follow-up medical needs, and support services. The advocate will strongly encourage that you and your loved ones use counseling services available from Stillwater Domestic Violence Services (SDVS), the University Counseling Service, or other community resources.

8.Reporting the Rape:

  1. It is strongly encouraged that you report the rape to police (OSU: 744-6523 for on-campus incidents; Stillwater: 372-4171) . This does not commit you to prosecute but will allow the gathering of information and evidence. The information and evidence maintain future options regarding criminal prosecution, University disciplinary actions, and/or civil actions against the perpetrator. Your information can be helpful in supporting other reports and/or preventing further rapes (even anonymous reports are somewhat useful). Names of rape victims are not voluntarily released to the media.
  2. If you contact police, an officer can meet you at the scene or at another designated location to take your initial statement. (If you get yourself to Stillwater Medical Center or call the Rape Crisis line, the police will be called for you.) The police officer’s first concern will be your physical and emotional health. The police will ask you for a description of the offender, the scene of the rape, the direction of travel, and a description of the vehicle used by the offender, if any. 
9.Reporting an incident and choosing to prosecute, filing a complaint through the University discipline process, or filing a civil action are separate steps. When you file a report with the police or with Student Judicial Affairs, you are not obligated to continue with legal proceedings or University disciplinary action. University staff can assist a student in notifying authorities or appropriate University personnel if a student wishes to pursue charges.

Educational Programs Promoting Awareness of Rape and Acquaintance Rape and Other Forcible and Non-Forcible Sex Offenses:

Oklahoma State University’s sexual assault (including rape) prevention efforts involve staff members from the entire community. Individuals representing the OSU Police Department, Residential Life Department, University Counseling Service, OSU Faculty, Greek Life, Student Judicial Affairs, and the OSU Student Health Center, individually and collectively, provide training programs, presentations, and workshops to any interested individuals or groups. Members of the OSU community also work closely with off-campus agencies such as the District Attorney’s Office and Stillwater Domestic Violence Services. Program topics generally include stranger rape, date and acquaintance rape, rapist characteristics, rape trauma syndrome, and victim recovery. An increasing number of presentations, explaining the male’s role in sexual assaults, are directed to all-male audiences such as fraternities and athletic teams.

Resources for Counseling:

A rape or other sexual assault experience can be very emotionally disruptive and it takes time to come to terms with such a major stress. In addition to support that may be found in family and friends, the following agencies have professional counselors who can be of assistance, provide further information on the subject of rape, and make referrals to private clinicians in the community. 





University Counseling Services

·320 Student Union - 744-5472

 
Psychological Services Center

·118 North Murray -744-5975

 
Stillwater Domestic Violence Services

24-Hour Crisis Line – 624-3020 

115 E. 4th – 377-2344
The above-listed resources offer counseling and referral services to private clinicians in the community. Private clinicians are listed in the yellow pages under Psychologists.

Campus Living Accommodations:

At the request of the victim, Oklahoma State University will attempt to arrange for the victim to change his/her living situation or switch academic course sections if such accommodations are reasonably available.

Campus Disciplinary Procedures:

If the offender is a student, and the alleged assault took place on or off campus in the Stillwater community, a complaint can be filed with Student Judicial Affairs, 326 Student Union, 744-5470.Such complaint should be filed as soon as possible, preferably within 60 days of the incident. The time period for filing such a complaint may be extended by the Vice President for Student Affairs or designee. Such complaint shall:

1.Be in writing and be signed by the complainant;

2.Include the date, time, place, name(s) of person(s) involved and the circumstances of the alleged violation;

3.Include the names of any witnesses to the alleged violation. 

When a sexual misconduct complaint is filed, the student will meet with the Coordinator of Student Judicial Affairs to clarify information, to receive an explanation of the process and procedures available, and to determine the outcome desired by the complainant. Complaints of sexual misconduct can be handled informally or formally. Informal proceedings involve each party meeting separately with the Coordinator of Student Judicial Affairs to provide information about the incident. If suspension from the University is the desired outcome or a possible outcome, formal proceedings are usually invoked. Formal proceedings involve a hearing before a Hearing Panel of five people who will listen to all the evidence, ask necessary questions, and make a decision. During the formal process, both parties have the opportunity to ask and answer questions. At anytime during either the informal or formal process, both parties may be accompanied by an advisor. The advisor may assist in preparation for the hearing, he/she can take notes, whisper suggestions, etc., but he/she is not allowed to speak or directly participate in the hearing. 

Both parties are entitled to be notified of the outcome of either an informal or a formal discipline proceeding. The information is limited to the final decision and sanction(s), if any.

Possible Sanctions:

Sanctions can include the entire range of sanctions listed in Student Rights and Responsibilities Governing Student Behavior. Where it is determined that sexual misconduct is more likely than not to have occurred, disciplinary action can include suspension or expulsion from the University. 

Updated 2/08  through Student Judicial Affairs,, Division of Student Affairs at Oklahoma State University

326 Student Union - (405) 744-5470