Purpose
Morgan State University asserts that sexual assault represents a reprehensible act in violation of basic human rights which will not be tolerated. This policy affirms the University’s responsibility to establish a policy prohibiting sexual assault which contains procedures to be followed when sexual offenses occur at the University. This policy is consistent with and responsive to Section 485(f) of the Higher Education Act of 1965, as amended by Section 486 (c)(2) of the Higher Education Amendments of 1992 and Section 11-601 of the Education Article of the Annotated Code of Maryland. This policy applies to all employees (faculty and non-faculty), and students of Morgan State University.
Definitions
“Sexual Assault” is defined as any form of sexual contact with another person without his or her consent. For the purposes of this policy, sexual assault and sexual offense are synonymous.
Procedures and Programs
The President or his designee shall develop procedures for reporting sexual assaults and programs to promote sexual assault awareness. The procedures and programs shall be set forth in writing and made available to the campus community. That document, as amended periodically to reflect amendments to the procedures and/or programs, is incorporated herein by reference.
Educational Programs to Promote Awareness of Sexual Assault
The University shall make available to its students, faculty and employees programs to promote awareness of what constitutes sexual assault, how to prevent it, and the University’s procedures for handling reports of alleged sexual assault. In addition to general educational programs for the campus community, the University shall provide specialized training on the topic of sexual assault and the provisions of sexual assault procedures to individuals who may be involved in providing services to or interacting with alleged victims so as to ensure timely, accurate and sensitive assistance to ad students, faculty and employees and shall be posted in appropriate locations on campus and published in appropriate University publications.
Procedures for Reporting a Sexual Assault
When a report of sexual assault is made to the University Police Department, the alleged victim will be encouraged to file criminal charges with the appropriate law enforcement and/or medical personnel as soon as possible. At the request of the alleged victim, University authorities will promptly assist the alleged victim in notifying the appropriate law enforcement officials and disciplinary authorities. University personnel will also assist the alleged victim with obtaining medical attention, if desired, including providing the alleged victim with transportation to the hospital or other emergency medical facility.
Disciplinary Procedures
Student Disciplinary Procedures
Violations of laws and University policy regarding sexual assault may be subject to prosecution through the criminal justice system and civil authorities, and the campus judicial system. The range of University penalties shall include, but not be limited to, one or more of the following: alteration of class schedule, disciplinary reprimand, removal from campus housing, loss of privilege, restitution, disciplinary dismissal, and disciplinary expulsion.
The on-campus procedures shall provide that (1) the accuser and the accused are afforded the same opportunities to have others present during a campus disciplinary proceeding, (2) both the accuser and the accused are informed of the outcome of any campus disciplinary proceeding brought alleging a sexual assault, (3) the accuser and the accused will be treated with dignity, courtesy and professionalism, and (4) that while the offense must be reported according to federal reporting mandates and Maryland State law, the victim’s right to choose the course of action to be taken or not to be taken is upheld.
Faculty and Employee Disciplinary Procedures
No disciplinary actions will be rendered until a thorough investigation of the alleged offense has been completed. However, the President may place the accused faculty member or employee on administrative leave pending the outcome of the investigation.
Violations of laws and University policy regarding sexual assault may be subject to prosecution through both criminal and civil authorities, and the appropriate4acuIty~ arid/or employee disciplinary procedure. The range of University penalties shall include, but not be limited to, one or more of the following: counseling, reprimand, suspension, or termination.
Faculty and employees accused of sexual assault are entitled to avail themselves of the appropriate grievance process for their category of employment. The University procedures shall provide that (1) both the accuser and the accused are informed of the disposition of the sexual assault complaint, (2) the accuser and the accused will be treated with dignity, courtesy, and professionalism, and (3) that while the offense must be reported according to federal reporting mandate and Maryland State law, the victim’s right to choose the course of action to be taken or not to be taken is upheld.
Services for Victims
Faculty, employees and students who are victims of sexual assault will be offered access to counseling through mental health services available at the institution, other victim service entities in the surrounding community, or the nearest state designated rape crisis program.
Upon the request of the alleged sexual assault victim, the University will provide information regarding options for, and available assistance in changing academic and on-campus housing after an alleged sexual assault incident, if such changes are reasonably available and feasible.
Procedures and Programs Related to Sexual Assault
Introduction
Morgan State University is committed to educating its faculty, staff, and students about the nature and consequences of sexual assault. Although the University’s primary focus is on prevention, the University has established programs to provide information about sexual assault, to make referrals to the criminal justice system and/or campus disciplinary systems and to assist persons who have been sexually assaulted on campus.
Procedures for Reporting Sexual Offenses
University Police Department
Any person who is sexually assaulted on campus should contact the University Police Department immediately. The University Police Department shag advise the person of their option to file criminal charges with the appropriate law enforcement officials. The University Police Department shall also provide assistance in obtaining appropriate medical attention, including transportation to the nearest designated hospital. The Sexual Assault Center at Mercy Hospital, located on St Paul Street, Baltimore, Maryland, is the nearest State-designated rape crisis center and is equipped with the Maryland State Police Sexual Assault evidence collection kit.
If a Sexual Assault Occurs
A medical examination is always recommended even if the sexual assault victim decides not to officially report the crime. Medical care is important to assess physical trauma, to diagnose sexually transmitted disease and to provide emergency contraception. Ideally, evidence should be collected immediately in case a decision is made to pursue criminal and/or administrative sanctions. Specifically, sexual assault survivors should do everything possible to preserve the evidence of the assault. In this regard, they should:
- immediately seek medical attention
- refrain from bathing, showering, or douching
- avoid disturbing any clothing, bed linens, and/or anything around the vicinity of the assault avoid brushing teeth, eating, drinking or smoking if the assault involved oral/genital contact
- try not to urinate take a change of clothing with them; as it may be necessary to retain clothing worn during an assault.
- If the survivor changes clothes, they should be placed in a paper bag (plastic destroys evidence)
If You Decide to Report
Sexual assaults, including date/acquaintance rape, are a very serious concern If you feel you are the victim of a sexual assault on campus, your Department of Police and Public Safety strives to adhere to the following guidelines:
- We will meet with you privately, at a place of your choice in this area, to take a complaint report. You may choose to have a friend or family member with you while speaking with the officer.
- We will not release your name to the public or the press. Your identity will be protected by the Police.
- Our officers will not prejudge you, and you will not be blamed for what occurred.
- We will treat you and your particular case with sensitivity, dignity, understanding, and professionalism. If you feel more comfortable talking with a female or male officer, we will do our best to accommodate your request.
- We will assist you in arranging for any hospital treatment or other medical needs.
- We will assist you in privately contacting counseling, safety, advising, and other available resources.
- We will fully investigate your case, and will help you achieve the best outcome. This may involve the arrest and full prosecution of the suspect responsible. You will be kept up-to-date on the progress of the investigation and/or prosecution.
- We will continue to be available for you, to answer your questions, to explain the systems and processes involved (prosecutor, courts, etc.), and to be a listening ear if you wish.
- We will consider your case serious regardless of your gender or the gender of the suspect.
If you feel you are a sexual assault victim, call your Department of Police and Public Safety at (443) 885-3179, and say you want to privately make a sexual assault complaint. You may call at any time of day or night. You are encouraged to report any sexual assault, including acquaintance rape to the University Police, taking care to preserve all evidence that may be relevant. Your safety and well-being are of great concern to the University Police. The University police will normally conduct a criminal investigation and report the findings to the State’s Attorney’s Office.
The Office of Residence Life
An incident of sexual assault which occurs in a residence hall which is reported to the staff of the Office of Residence Life shall be reported to the Residence Life Director of that residence hall. The Residence Life Director shall interview the reported victim of the assault and notify the alleged victim of his or her option to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student chooses. The reported victim of the assault is encouraged to seek medical care and counseling.
Counseling and Support Services
The Counseling Center, staffed by professional counselors, offers individual counseling and support group counseling to sexual assault survivors. In addition, a counselor has been trained by the Sexual Assault Recovery Center to provide counseling and develop education and prevention programs. Further, referrals are made to other mental health services, for example, the Sexual Assault Recovery Center The Counseling Center can be reached on (443) 885-3130/3131.
Education Programs to Promote Sexual Assault Awareness
The Counseling Center
The University Counseling Center offers several educational programs to the campus community to promote the awareness of rape (including acquaintance rape) and of other sex offenses.
The Counseling Center offers counseling, mental health, and other services for victims of sexual assault. For example, both individual counseling and support groups are available for sexual assault survivors. In addition, a counselor has been trained by the Sexual Assault Recovery Center to provide counseling and develop education and prevention programs relating to sexual assault and acquaintance rape.
Upperclassmen perform a skit during the summer Introduction to The University Week Program, for new students, that depict a male and female socializing and ends in a sexual assault. Audience participation and discussion follow with additional information about available resources on campus.
The Counseling Center also does a date rape presentation, “No Means No”, for males only in the residence hall.
Each semester counselors conduct seminars and group discussions on Sexual Awareness, Sexual Assault, and Date Rape.
The Rape Aggression Defense System is a program of realistic, self-defense tactics and techniques. It is a comprehensive course for the average individual that begins with awareness, prevention, risk reduction and avoidance, while progressing on to the basics of hands-on-defense training. The Rape Aggression Defense System is sponsored by the Counseling Center and the Campus Police.
The Police Department
The Department of Police and Public Safety publishes pamphlets on various topics of Crime Prevention which are available to all students, faculty, and staff members.
Topics include: Police Protection and Security Services, General Crime Prevention Techniques, Campus Watch, Operation I.D., Rape and Sexual Assault, Date Rape, and Drug and Alcohol Abuse. The Department conducts sessions each semester on the above topics. Information on safety and security is provided to students, faculty, and staff members regularly through seminars, films, bulletins, crime alerts, posters, brochures, and University staff and student newspapers. Other education and prevention programs include the following:
- Implementation of the Help Improve Morgan’s Image (HIMI) program within the campus community. This program involves the active support and cooperation of students, student groups and work force personnel in collectively working to improve the image of the university by discouraging littering, drug and alcohol abuse and other unacceptable behavior patterns.
- Initiation of a university-wide crime prevention council. Meeting on a regular basis, the council, comprised of various student, faculty and staff representatives, discusses crime trends and public safety issues and seeks to develop strategies to reduce crime on campus.
- The department, in conjunction with the University Counseling Center, provides training in Rape Aggression Defense (RAD) to female members of the campus. The RAD program introduces female students and employees to various techniques than can be employed in reducing one’s vulnerability to hostile encounters.
- A network of “hot line” emergency call boxes/telephones across campus and in elevators that ring on the desk of the police dispatcher when assistance is required.
The Office of Residence Life
The Office of Residence Life is committed to educating residents of the residence halls regarding sexual awareness issues, including sexual assault, date rape, etc. The Office of Residence Life offers programs and lectures to raise the awareness of student residents on sexual issues. The programs offer resources for consultation, support groups, victim assistance, etc.
The Office of Resident Life has established a library of materials regarding issues associated with human sexuality.
Sanctions and Disciplinary Actions
Student Discipline
The University Code of Conduct and Disciplinary Procedures (“Code of Conduct”) prohibits rape, acquaintance rape, or any form of sexual assault or sex offense. Persons incapacitated by drugs or alcohol are not capable of giving consent to a sexual contact. University disciplinary procedures are set forth in the Code of Conduct. Persons charged with a violation of the Code of Conduct are subject to disciplinary action if the charges are sustained. Such actions may include but are not limited to suspension or expulsion from the University.
Reported student victims of sexual assault are encouraged to contact the Office of the Vice President for Student Affairs. That office will advise the student regarding the services available which may be of assistance. For example, upon the written request for alternative classes or housing by the alleged victim, the Office of the Vice President for Student Affairs will coordinate the review of the request. With regard to class changes, the Office of Student Affairs will refer the matter to the Office of the Vice President for Academic Affairs. If available, feasible, and warranted by the circumstances associated with the alleged sexual assault, alternative class and housing requests will be honored.
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