BOLT - Harrassment Policy

UCA Policies & Procedures for Student-On-Student Sexual Harassment and Sexual Violence Issues

August 2013

 

The University of Central Arkansas (“UCA”) seeks to include and integrate individuals from various backgrounds and with characteristics, and promotes opportunities to work, learn and develop within a community that embraces the diversity of individuals and ideas.

 

Notice of Nondiscrimination:

The University of Central Arkansas, in making decisions regarding employment, student admission, and other functions and operations, adheres to a policy of nondiscrimination and complies with federal regulations and requirements as set forth in Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Title IV of the 1992 Amendments to the Higher Education reauthorization Act, the Rehabilitation Act of 1973, and the Americans with Disabilities Act.

 

Sexual Harassment:

Sexual harassment by any faculty member, staff member, or student is a violation of both law and university policy and will not be tolerated at the University of Central Arkansas.  Sexual harassment of employees is prohibited under Section 703 of Title VII of the Civil Rights Act of 1964, and sexual harassment of students may constitute discrimination under Title IX of the Education Amendments of 1972.

 

The purpose of this document is to outline university policies and procedures that address student-on-student sexual harassment and sexual violence issues.  Individuals who have questions or concerns about Title IX may contact the UCA Title IX Coordinator, Deputy Title IX Coordinator or the Office of Civil Rights as indicated below:

UCA Title IX Coordinator

Kandi Hughes

Wingo Hall 206

University of Central Arkansas

201 Donaghey Avenue

Conway, AR  72035

Phone – 501 450-3247

Email – khughes@uca.edu

UCA Deputy Title IX Coordinator

To be determined depending on nature of complaint

Office of Civil Rights

U.S. Department of Education

1999 Bryan Street, Suite 1620

Dallas, TX  75201-6810

Phone – (214) 661-9600

FAX  - (214) 661-9587

Email – OCR.Dallas@ed.gov

 

NOTE:  The following information addresses student-on-student sexual harassment and sexual violence issues.  The procedures listed below are subject to change depending on the circumstances. 

 

What is considered sexual harassment and sexual violence?

Sexual Harassment.  Pursuant to UCA Board of Trustee’s Policy #511, UCA defines sexual harassment as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:

  • Submission to such conduct is either explicitly or implicitly made a condition of an individual’s employment with the university or a factor in the educational program of a student;
  • Submission to or rejection of such conduct by an individual is used as the basis for an employment or academic decision affecting such individual; and/or
  • Such conduct has the purpose or effect of unreasonably interfering with an individual’s right to achieve an educational objective or to work in an environment free of intimidation, hostility or threats stemming from acts or language of a sexual nature.

 

Although sexual harassment most frequently occurs when there is an authority differential between the persons involved (e.g., faculty member and student, supervisor and staff member), it may also occur between persons of the same status (e.g., faculty and faculty, student and student, staff and staff).  Both men and women may be victims of sexual harassment and sexual harassment may occur between individuals of the same gender.

 

Sexual harassment may create a hostile, abusive, demeaning, offensive or intimidating environment.  It may be manifested by verbal and/or physical actions, including gestures and other symbolic conduct.  Sexual harassment is not always obvious and overt; it can also be subtle and covert.  A person who consents to sexual advances may nevertheless be a victim of sexual harassment if those sexual advances were unwelcome.  Previously welcomed advances may become unwelcome.

 

Examples of sexual harassment may include, but are not limited to, the following:

  • Non-sexual slurs about one’s gender;
  • Contrived work or study assignments and assigning more onerous or unpleasant tasks predominately to employees or students of one gender;
  • Repeated unwanted touching, patting or pinching;
  • Repeated inappropriate social invitations or requests for sexual favors;
  • Repeated unwanted discussions of sexual matters;
  • Use of sexual jokes, stories, analogies or images which are not related to the subject of the class or work situation;
  • Touching, fondling or deliberate brushing against another person;
  • Ogling, leering or prolonged stares at another’s body;
  • Display or use of sexual graffiti or sexually-explicit pictures or objects;
  • Sexually suggestive jokes, comments, e-mails, or other written or oral communications.

 

Sexual Violence.  Sexual violence or sexual assault is a generic term that is defined as any involuntary sexual act in which a person is threatened, coerced, or forced to engage against his/her will to include – but not limited to – rape, acquaintance rape, date rape, and gang rape.  According to the Arkansas definition of rape, a person commits rape if he/she engages in sexual intercourse or deviant sexual activity with another person:  (a) by forcible compulsion; (b) who is incapable of consent because he/she is physically helpless; (c) who is less than fourteen (14) years old (the assailant must be two years older than the victim for this to apply); or (d) where the victim is less than sixteen (16) years old and is incapable of consent because of being mentally defective or mentally incapacitated.

 

The Arkansas statute on rape is genderless, which means that both men and women can be rape victims and perpetrators.  Sexual assault can occur whenever consent is not freely given by the victim; whenever the victim fears that he/she will be injured if he/she does not submit; whenever the victim is incapable of giving consent or resisting due to alcohol or drugs; and whenever the perpetrator uses physical force, threat, coercion, or intimidation to overpower the victim.

 

Who do you notify if you have been sexually harassed or assaulted by another student?

A student who has been sexually harassed or assaulted by another student may report the incident verbally or in writing to the following individuals:

  • UCA housing staff member (if the student lives in a residence hall or UCA apartment);
  • Faculty member (if the harassment or assault occurs in class or as a part of an academic study);
  • Other university officials (outside the classroom setting);
  • Dean of Students (Student Health Center 210, 501 450-3416);
  • University Police (501 450-3111); and/or
  • Title IX Coordinator (Wingo Hall 103, 501 450-5051);

 

NOTE:  It is strongly recommended that a sexual assault or act of violence be reported immediately to:

  • UCA Police if the assault occurred on the university campus;
  • Conway Police if the assault occurred in the City of Conway;
  • Faulkner County Police if the assault occurred within Faulkner County; or
  • Other police agency that has jurisdiction for where the assault occurred.

 

The reason for reporting the assault to a police agency is to gather and preserve evidence in case the victim wishes to pursue criminal or civil charges.  If the victim waits to report an offense, evidence will be lost.  The decision to file charges is up to the victim.  The victim needs to realize that information reported to a police official is public information and is available to local media upon completion of any investigation.  It is, however, the general practice of journalists not to release names of victims of sexual assault.

 

It is also important to preserve evidence when an assault takes place.  The victim is encouraged not to shower, wash, change clothes, douche, urinate, brush teeth, or place anything in the mouth.  Do not disturb items in the area where the assault occurred.  Keep people away from the scene so evidence is not disturbed.  Finally, do not delete communication records (cell phone messages, texts, etc.) that may be provided by the suspect.

 

Sexual Harassment/Assault Complaint:

 

The University has designated Kandi Huges as its Title IX coordinator.  She is responsible for the University’s compliance with Title IX, including its obligations to investigate and respond to allegations of sexual harassment and assault.

 

Allegations of sexual assault by faculty, staff or other persons (other than students) are investigated by the Title IX coordinator and are addressed in accordance with university board policy and personal processes.

 

The Deputy Title IX coordinator is responsible for investigating allegations of sexual harassment/assault involving a student.  These allegations are addressed in accordance with the UCA Student Handbook and may be referred to the Dean of Students for appropriate disciplinary action.  The Deputy Title IX coordinator will provide information reports to the Title IX coordinator on all allegations of sexual harassment/assault.

 

Records - Confidentiality of Information:

Disciplinary and other educational records are covered by the Family Educational Rights and Privacy Act of 1974 and are basically confidential.  Individuals who have access to disciplinary records include:  (a) accused students; (b) university students, faculty and staff who are responsible for adjudicating violations of university policy; (c) faculty or staff who have legitimate educational interests; (d) other institutions in which students wish to enroll, upon institutional request; (e) prospective employers (such as law enforcement agencies), but only if permission is first granted by the accused student; (f) parents or legal guardians if the student is an entering freshman (under the age of 21) and he/she violates the UCA alcohol or drug policy; and (g) appropriate authorities when records are subpoenaed by a court of law.

 

Students need to be aware that information shared with police departments is subject to the Arkansas Freedom of Information Act and may be released to the public.  As noted earlier, it is the general practice of journalists not to release names of victims involved in sexual assault cases.  The names of the accused, however, may be released.

 

Records that address sexual harassment and sexual assault issues are kept by the Dean of Students and UCA Title IX Coordinator.

 

Off Campus Behavior:

It is the general practice of the University not to address off campus behavior unless (1) the behavior is associated with a UCA recognized student organization off campus activity, or (2) the behavior poses a serious threat to the university environment or institutional reputation. However, if the University has knowledge of any off campus student-on-student sexual harassment or sexual assault incidents, the Deputy Title IX coordinator will address those incidents.

 

 

 

Time-lines:

Most sexual harassment cases will be addressed within a three week period.  Sexual assault cases may take longer depending on the length of an investigation by police department or other university officials.  Every effort will be made to complete sexual harassment and sexual assault claims within 60 calendar days (excluding appeals).  In all cases, immediate university action will be taken to maximize the safety of students involved in sexual harassment and sexual assault situations.

 

Retaliation

Students involved in sexual harassment/assault cases are prohibited from retaliating against each other.  This applies to all parties – accused, complainant, friends or associates, family members, witnesses, etc.  Individuals who violate this policy are subject to university disciplinary action, including possible immediate removal from the University.

 

False Accusation

A grievant whose complaint is found to be both false and to have been made with malicious intent will be subject to university disciplinary action.

 

Non-Students Involved in Sexual Harassment or Sexual Assault

If a non-university student is involved in a sexual harassment or sexual assault incident, the individual will immediately be banned from the university campus by UCA Police.  The non-student does have the right to request a university disciplinary hearing.  The ban shall remain in effect, however, until the issue is fully resolved.

UCA Campus and Community of Conway

Available Resources

 

Community Action Program for Central Arkansas (C.A.P.C.A.) 501-329-3891
Conway City Attorney 501-450-6193
Conway Police 501-450-6120
Conway Regional Hospital 501-329-3831
Counseling Associates 501-336-8300
Department of Human Services (DHS) 501-730-9900
Deputy Prosecuting Attorney 501-327-3091
Domestic Abuse Hotline 800-799-7233
Faulkner County Health Department 501-450-4941
Faulkner County Sheriff's Department 501-450-4914
Faulkner County Victim Services 501-450-3051
                     For Emergencies 800-844-2066
Legal Services 800-950-5817
Prosecuting Attorney 501-450-4927
RAPE Crisis Hotline 800-813-5433
Sexual Assault Center 800-432-4368
Sexual Assault Crisis Response of Central Arkansas 866-358-2265
UCA Counseling Center 501-450-3138
UCA Police 501-450-3111
UCA Student Health 501-450-3136
Women's Shelter 501-329-2255

 

The full Harassment Training should be completed at:

http://training.newmedialearning.com/pwh/ucentralarkansas/