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Case Western Reserve University is a community dependent
upon trust and respect for its constituent members:
students, faculty, and staff. Sexual assault is a violation of
that trust and respect. It will not be tolerated.
Sexual assault is a serious crime. Any non-consensual
physical contact of a sexual nature is a sexual assault.
Rape, statutory rape, incest, sodomy, sexual assault with
an object, and fondling are examples of sexual assault.
Lack of consent is the crucial factor in any sexual assault.
Persons forced to engage in sexual contact by force,
threat of force, or coercion have not consented to contact.
Persons acting under the influence of alcohol or
other substances may be incapable of consent. Age or
mental capacity may render consent impossible.
The University strongly encourages persons who have
been sexually assaulted to report the assault, to seek assistance
and to pursue criminal charges, judicial action or
sanctions for their own protection and that of the entire
campus community.
Reporting Sexual Assault
To preserve the option of pursuing criminal sanctions
or internal Case disciplinary processes, survivors should
strongly consider reporting the sexual assault to the local
police and/or the University. Reporting an assault to
police or campus security authorities does not require
filing criminal charges; however, it allows all support
systems to be put into motion, including: police response
and crisis counseling. Reporting is best done as soon
as possible after an assault, but it may be done at any
time. Case will assist students who report sexual assault
in obtaining medical support and information regarding
available legal and judicial resources, as well as counseling
and support services.
Students who choose to notify police should be aware of
the importance of immediacy in reporting the incident
and preserving physical evidence, both at the assault
scene and on the person assaulted. Students immediately
reporting an assault should be accompanied to a health
care facility of their choice for treatment and collection
of evidence. If a sexual assault survivor chooses to report
the incident at a later time, important support systems
still are available; however, criminal investigations can be
more difficult.
Due to the sensitive and traumatic nature of sexual
assault, specially trained members of the University are
available to help anyone who has been sexually assaulted
understand the many options open to him or her. To
contact a member of the Sexual Assault Response Team,
call: 368-5872 Monday through Friday, 8:30 a.m.-5 p.m.
844-8892 After 5 p.m., weekends, & holidays. Please tell
ADDITIONAL RESOURCES
Medical and Psychological Assistance.
Emergency Room Examination: Any person who has
been sexually assaulted may go directly to the University
Hospital Emergency Room or any local hospital for
medical attention. Please note: The preservation of physical
evidence is critical in the event of criminal prosecution
and may be useful if University disciplinary action
is pursued.
University Health Services
Students can seek further treatment at the University
Health Services for any medical concerns, including
sexually transmitted diseases and pregnancy testing.
Counseling
Counseling may be pursued following a sexual assault,
no matter how much time has elapsed since the incident.
Counseling services are confidential except when
disclosure is necessary to prevent imminent harm to self
or others. Available options, on and off-campus are listed
below. To inquire about other community counseling
resources, please call 368-5872. All inquiries are confidential.
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Educational Services
The University offers courses designed to give students
the information and skills needed to help protect them
from the threat of sexual assault. The Physical Education
Department offers a Personal Safety Awareness class
every semester. This seven-week class provides guest
speakers from campus departments and various community
service agencies. Topics covered include: crime
prevention, campus and community resources and services,
victim rights, the criminal justice system and self defense.
Case Protective Services offers a self-defense class
for women only. The Rape Aggression Defense System
(RAD) class is offered periodically throughout the year
for all female students, faculty, staff and guests. This class
teaches practical skills in identifying and avoiding physical
assault as well as methods for any woman to defend
herself. For more information, call 368-6811 or visit:
http://www.case.edu/finadmin /security/protserv/rad.htm.
Additional programs providing information regarding
rape awareness and prevention are coordinated through
the Case Office of Student Affairs. Additional information
regarding these programs is available at: 368-2020.
University Disciplinary
Procedures Regarding Sexual
Assault
Students are entitled to a fair hearing under University
judicial processes. Procedural requirements are not as formal
as those existing in the civil or criminal courts of law.
Students should contact the Judicial Coordinator at 368-
2020 for more detailed information regarding the process.
To ensure fairness, the following procedures apply:
• Both the accused and the accuser may have an
advisor present to advise or support him or her.
However, the advisor may not actively participate in
the hearing.
• Both the accused and the accuser have the right to
present evidence on their own behalf, including the
right to offer witnesses.
• During the hearing, both the accused and the accuser
shall be given the opportunity to testify and present
evidence. The accused and the accuser may direct
questions at witnesses through the panel chair. The
accuser has a right to provide a statement of impact
to the hearing officer or hearing panel.
• Both the accused and accuser shall be informed of
the decision by the hearing panel or the hearing officer.
If an accused student is found in violation and
appeals the outcome, the accuser will be notified of
the pending appeals and its final outcome.
Sanctions that can be imposed are varied and depend
upon the severity of the violation.
Sanctions may
include: disciplinary warning, disciplinary probation,
disciplinary separation or expulsion. Additional sanctions
may include: community service, restitution and
rehabilitative activities.
Judicial Options in Addition
to University Procedures
In addition to bringing charges through the University
judicial system, students who are the survivors of sexual
assault have the right to initiate prosecution of an assailant
under criminal law. The University will assist survivors
by directing them to the appropriate authorities to
pursue such action.
Accommodations
In the aftermath of a sexual assault, the University will
accommodate requests for alternative living, working and
academic arrangements as available and appropriate. |
