Sexual Misconduct Policy

GENERAL POLICY
Gallaudet University is committed to providing a living and learning environment free from physical intimidation and acknowledges the seriousness of sexual misconduct. Gallaudet takes the necessary steps to reduce the need for reactive intervention by providing preventive and risk education and training and by preparing and disseminating educational pamphlets, fact sheets, and articles related to sexual misconduct. Gallaudet also attempts to eliminate pressure that might lead students to suppress a sexual misconduct charge or to minimize its seriousness by providing a process whereby the parties involved are treated with dignity; privacy and confidentiality are maintained to the fullest extent possible; allegations of sexual misconduct are investigated promptly and thoroughly; and the alleged victim is provided with full support and assistance.

Sexual misconduct by any Gallaudet student occurring on University property or at a University sponsored event is a violation of the Student Code of Conduct and warrants administrative and/or disciplinary action. Incidents of sexual misconduct are addressed in accordance with the procedures. Any student found responsible of sexual misconduct may be subject to disciplinary action up to and including expulsion. Criminal prosecution may also be pursued.

DEFINITION
For the purposes of this policy, sexual misconduct is defined as sexual contact without consent or against the will of the student, including forced viewing, unwanted touching, rape, sodomy, and penetration with objects. Sexual harassment, which refers to the misuse of power to coerce sexual activity or to create an offensive working and learning environment, is covered by the University's policy on sexual harassment. Any violation of the University's policy on sexual harassment is a violation of the Sexual Misconduct Policy and is subject to the same disciplinary procedure as any other infraction of the Student Code of Conduct. Refer to the Administration and Operations Manual for a detailed definition of the Sexual Harassment Policy.

CAMPUS PROCEDURES

  1. Immediate Response
    A student who experiences sexual misconduct should first go to a place where he or she is in no immediate danger. Any student in a medical or other emergency situation should immediately call the Department of Public Safety (DPS) at 651-5444 (TTY) or 651-5555 (Voice). Students off-campus should call 911.
  2. Reporting
    Making the decision whether or not to report a sexual assault is the beginning of the process by which many students get back control over their lives. Though the reporting and disciplinary process can be difficult, it is often worth the effort. Students sometimes feel empowered by their attempt to bring the accused to justice. The decision whether or not to report has numerous economic, psychological, social, and emotional consequences. Students must make the decision which best allows them to continue a healthy and productive life.

    There are several options for students to get assistance after a sexual misconduct incident (including going to any of the offices listed under "Campus and Community Resources"). The Department of Public Safety (DPS) is the department on campus that accepts and investigates formal reports and the Office of Student Conduct is another place where students can report the incident. Students also have the option of reporting the incident to the D.C. Police Department. If a student wants to contact D.C. police, DPS can assist in making that contact, in which D.C. police will assume the lead in the investigation. A student making a report to DPS can bring a support person of her/his choice when filing. More information about external procedures and resources is described below.

    Students can also choose to file an anonymous report, either with the Coordinator of Health and Wellness Programs in Ely 103 or with any of the Campus Resources listed later in this section. The person a student talks to about a sexual misconduct policy violation is required by federal law to file an anonymous report under the Cleary Act.

    If a student is concerned about future confrontation with the accused, the University will try to help prevent any unwanted contact when requested to do so. In cases involving an imminent threat to safety and well-being of students, the University may take immediate action by having the accused removed and/or banned from the campus.
  3. Follow-up Care
    Regardless of whether or not a student chooses to formally report sexual misconduct, it is important that he or she get appropriate medical attention and emotional support. Students can contact any of the listed campus resources for confidential help in deciding what to do next or for assistance in accessing other resources. Students living off-campus and students who choose not to formally report an incident can still receive services from any of the offices listed under "Campus and Community Resources."
  4. Off-Campus Incidents
    Only sexual misconduct by a Gallaudet student occurring on University property or at a University sponsored event is a violation of the Student Code of Conduct. However, Gallaudet can still provide students with services such as counseling and referral, even if the incident occurred off-campus. Students who wish to report off-campus incidents should report to the local police in the jurisdiction where the incident occurred.
  5. Disciplinary Process
    The Student Conduct Board, which is responsible for the resolution of sexual misconduct complaints against students, is a fact-finding and decision-making body consisting of students, a faculty/staff member, a non-voting hearing coordinator, and a non-voting Coordinator of Student Conduct. The Board has responsibility for hearing complaints against students, determining whether a student is responsible for a violation of the Student Code of Conduct, and deciding on disciplinary sanctions or imposing corrective actions.

    The disciplinary hearing procedures are described in the Student Handbook and are the same as those for other offenses committed by students, except that the accuser and the accused are entitled to have a support person present during the Student Conduct Board proceeding. Because the disciplinary process is an internal review, the support person must be a full time University faculty, staff member, or student.
  6. Appeals
    As a safeguard against procedural or erroneous action, an appeal process is available. The process is described in the Student Conduct Program section in this handbook.
  7. Complaints Against a Faculty or Staff Member
    Students who wish to file a formal complaint against a faculty or staff member should contact the EEO (Equal Employment Opportunity) officer who will consult with the appropriate administrative officer to determine how the investigation will be conducted.

EXTERNAL PROCEDURES

The Sexual Misconduct Policy is part of the broader Student Code of Conduct which sets the standard of behavior for Gallaudet students. Deciding whether a student has violated this policy is made either through the disciplinary process, or, in some circumstances, through an administrative process. These are not legal processes. The purpose of campus disciplinary process is to decide if a student is responsible for violating the Student Code of Conduct, not whether a student is guilty of breaking the law.

Sexual abuse, sexual assault and rape are all common terms for acts similar to those defined as "sexual misconduct" in the Sexual Misconduct Policy. In the District of Columbia, sexual abuse is the legal term used to describe those acts which cause another person to engage in or submit to a sexual act or have sexual contact with the initiator by:

  • Using force;
  • Threatening or placing another person in reasonable fear;
  • Rendering the other person unconscious;
  • Giving the person, without their permission, a drug intoxicant, or similar substance that impairs his or her ability to appraise or control his or her conduct;
  • Where the initiator knows or has reason to know that the other person is not able to appraise the nature of the conduct, is not able to decline participation in the conduct, or is not able to communicate their unwillingness to engage in the sexual act; and/or
  • Having sexual contact or engaging in a sexual act without that other person's permission.

For a complete description of District of Columbia laws against rape and sexual abuse, see D.C. Law 10-257, the "Anti-Sexual Abuse Act of 1994."

Students interested in pursuing a legal case against another individual must bring their complaint to the District of Columbia police. DPS can assist in making this contact. Because acts in violation of D.C. Law are also violations of the Sexual Misconduct Policy and/or other policies in the Student Code of Conduct, some students choose to file both a criminal case and a campus disciplinary case. The legal process would determine if the accused is guilty of a crime beyond a reasonable doubt. The campus disciplinary system would determine whether the accused student has, more likely than not, violated the Sexual Misconduct Policy and/or other policies in the Student Code of Conduct.