Sexual Assault Policy


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Sexual Assault Policy

California State University, Chico endeavors to provide an environment conducive to growth in mind, spirit, and human sensibility. Any form of rape or sexual assault is an act of aggression that may he investigated for possible disciplinary and legal action regardless of whether the incident occurs on or off campus.
Definition of Terms
Sexual Assault is any involuntary sexual act in which a person is threatened, coerced, or forced to comply against his or her will regardless of whether the person knows the assailant(s) casually, intimately, or not at all.
The act of sexual assault includes forced sodomy (anal intercourse); forced oral copulation (oral-genital contact); rape by foreign object (forced penetration by a foreign object, including a finger); and sexual battery (the unwanted touching of an intimate part of another person for the purpose of sexual arousal). Force also includes situations where the complainant is prevented from resisting due to alcohol or drugs administered by or with the knowledge of the accused or the complainant otherwise is incapable of giving consent.
For the purposes of this policy, rape is defined by the California Penal Code. The Penal Code prohibits among others the following acts:

a. Sexual intercourse against a person's will accomplished by force or threat of bodily injury.
b. Sexual intercourse against a person's will where the person has reasonable fear that she (or he) or another will be injured if she (or he) does not submit to the intercourse.
c. Sexual intercourse where the person is incapable of giving consent or is prevented from resisting, which includes but is not limited to where the complainant is prevented from resisting due to alcohol or drugs administered by or with the knowledge of the accused.

Reporting to Law Enforcement

1. Local law enforcement agencies are very concerned about sexual assault incidents and will respond promptly to provide medical, safety, and investigative services. The victim of an assault that occurs on campus should call the University Police Department at 898-5372.
2. As first responders, they will assist with immediate medical aid, provide a police presence to alleviate safety concerns, and summon other caring professionals as needed. These can include paramedics, rape crisis counselors, or even a parent or close friend. With the victim's cooperation, they will conduct an investigation and make every effort to apprehend the person responsible for the assault. Prompt reporting to law enforcement is essential in achieving successful prosecution.

Informal Inquiry

1. Any person who has questions about possible incidents of sexual assault or rape may seek information and clarification from the Student Judicial Affairs Office. All advisers are designees of the President and are charged with clarifying the definitions of sexual assault and explaining the administrative mechanisms for dealing with complaints.
Student Judicial Affairs Office, Kendall Hall 110, 898-6897.
2. The functions of the designees is informal and advisory, aimed solely at aiding complainants to determine if incidents as described constitute grounds for complaint and, if so, how such complaints are to be filed. The designees will neither investigate nor adjudicate complaints of sexual assault until the victim chooses to make a formal report of the incident.
3. The person initiating the inquiry or complaint has the right to be accompanied by an advocate(s) when discussing alleged incidents.
4. Discussions at the informal inquiry are confidential.
Formal Campus Reporting of Incidents

1. Incidents of sexual assault should be reported to the following individuals:
In cases where the accused is a student or student organization, the report should be made to the Student Judicial Affairs Office. The will be investigated and appropriate action initiated under student or organization disciplinary procedures.
Any incident in which the accused is an employee of the University should be reported to the Director of Employment Practices, Kendall 118, 898-5436, who will investigate the complaint and, where appropriate, will initiate applicable disciplinary action.
2. Both victim and alleged assailants will be informed of their legal rights.
3. Those charged with conducting such investigations will keep a written record of this process. Their findings will be sent to the Vice President for Student Affairs in the case of student assailants or the involvement of student organizations. In the case of an employee assailant, the findings will be sent to the Provost. The report and recommendations will be forwarded to the President.
4. The victim could decide to file criminal charges with the appropriate law enforcement agency. University police officers have a victim's well-being as their primary concern; they have been trained to treat a victim with respect and sensitivity. The police will ensure that the victim is taken promptly to a physician for medical care and, if appropriate, collection of evidence.