Sexual Assault

The Crime Awareness and Campus Security Act of 1990, Section 485 (f) (1) (F) of 20 U.S.C. 1092 (a) (1) (Public Law 101-542) requires that institutions of higher education collect information with respect to sexual assault on campus and beginning in September 1993, to include such information in an annual security report. The Higher Education Amendments of 1992 (Public Law 102-325) provide further that as part of the Annual Security Report the College shall include, develop, and distribute a statement of policy regarding the College's sexual assault programs and the procedures to be followed if a sex offense occurs.

Berkshire Community College is committed to providing atmosphere for learning that is free of any conduct that could be considered harassing, abusive, or disorderly. In order to assure that Berkshire Community College meets its obligation to all members of the community, the procedures and programs set forth on the following pages have been established. Copies of these procedures are available in the offices of Human Resources, the Dean of Administration & Finance, the Dean of Student Affairs, the Student Development Center, and the Campus Security Office.

Students, staff, and visitors of Berkshire Community College are encouraged to immediately report to Campus Security any incidents of criminal activity, sexual harassment, racist behavior, or other emergencies.

Sexual assault is a criminal offense. Sexual assault in any form, including acquaintance rape, will not be tolerated.

Sexual assault, as defined in the Federal Bureau of Investigation Uniform Crime Reporting System includes forcible and nonforcible sex offenses. A listing and definition of all forcible and nonforcible offenses for which an individual may be disciplined under this policy and procedures is contained in Appendix A of the Crime Awareness and Campus Security reports located in the offices indicated above.

When an allegation of sexual assault is made, the College will encourage the alleged victim to pursue criminal prosecution under the Massachusetts criminal statutes. In addition, appropriate campus disciplinary action may be pursued. Sanctions for sexual assault violations may include, in addition to criminal charges, suspension, dismissal, or expulsion from the College.

All allegations of sexual assault will be handled confidentially and will be investigated. Both the accuser and the accused will have equal opportunity for hearing.

Prevention

Realistically, the crimes of rape and sexual assault cannot be totally eliminated from our society as a whole. However, through the adoption of well-planned, proactive prevention measures, coupled with sexual assault education and awareness programs, we can reduce or minimize the number of these crimes on campus.

Because colleges provide an excellent opportunity to educate men and women about human relations, living together, competition and fair play, human sexual education and awareness information should be provided to each member of the college community. To that end, each college will have a comprehensive sexual assault education and awareness program in place and available to all students, faculty, and staff.

The prevention of sexual assault depends in part on the awareness of an individual's responsibility for crime prevention and personal safety. An individual must exercise judgment if preventive measures are to succeed.

Education will be provided through appropriate programs and education booklets, which may include:

1. orientation programs
2. staff development/employee training, including contracted staff
3. student and employee handbooks
4. campus media i.e.; electronic bulletin boards, electronic mail, bulletin boards, displays
5. seminars, workshops, pamphlets and posters addressing specific issues, such as sexual assault, acquaintance rape, sexual harassment, self-protection for men and women, crime reporting

Materials and programs may be designed specifically for the campus, may be developed in conjunction with off-campus authorities or may be pre-published, pre-packaged, or offered in conjunction with other groups and agencies, such as:

• National Safety Council
• local law enforcement agencies
• criminal justice programs
• rape crisis center
• American College Health Association
• Massachusetts Chapter of the National Safety Council

Unfortunately, in spite of all our efforts, rape and sexual assault may occur. It would be overly optimistic to think we can eliminate all such incidents. When a rape or sexual assault is reported to campus authorities, it is critically important that the victim's welfare is paramount and that she or he is not victimized again by the system. This policy establishes procedures to follow in the event a rape or sexual assault occurs on campus. To insure proper attention and action, these procedures must be followed.

Procedures in the Event a Sexual Assault Occurs

An effective response to a report or incident of sexual assault on campus necessarily involves a number of offices and individuals concerned with the physical and emotional security of the students, employees, and visitors. The procedure outline below focuses primarily on the role of: 1)campus security in addressing incidents/reports of sexual assault; and 2) faculty, staff and students making reports. However, the following elements of the college community should network with one another in order to fully meet victim needs and establish a realistic and appropriate perception of the campus environment as one which is safe, supportive, and conductive to learning:

• Student Affairs
• Student Development Center/Student Counseling
• Health Care Counselor
• Administration & Finance
• Student Government
• Public Relations
• Human Resources
• Campus Security
• Buildings & Grounds
• Legal Counsel
• Executive Council

Incidents Reported to Campus Security

If a sexual assault is reported to or discovered by campus security, the following procedures must be followed:

1. If immediate medical attention is necessary or requested, campus security shall first call emergency medical services. This should be done even when the victim states that he/she does not want medical services as the person may be in shock or otherwise not competent to make such a decision.
2. The campus guard should gather the following information immediately (or immediately after calling emergency medical services, if required):
• name
• the location if the victim
• a brief description of what happened to the victim
• name (if known) and description of the individual who committed the assault
• location of the individual who committed the assault, if known, or descriptions of where the individual went after committing the assault
• description of the vehicle in which the assailant left (if applicable) and the direction of travel
3. If there is the potential for immediate apprehension of the assailant, the campus guard should call the local police and then the state police.
4. If apprehension is not likely, the campus guard should contact the Superintendent of Buildings & Grounds. The Superintendent of Buildings & Grounds shall determine whether or not to call the local and/or state police.
5. The campus guard should advise the victim of the importance of preserving evidence. This means that no matter how uncomfortable this may be for the victim, he/she should not clean himself/herself, etc. If the victim requires non-emergency medical treatment, the campus guard should direct the victim to medical services.
6. The campus guard should refer all media inquiries to the Superintendent of Buildings & Grounds.
7. The campus guard shall file a detailed report of the incident as soon as possible.

Incidents Reported to Faculty and Staff

Any faculty or staff member who receives a report of or discovers a possible sexual assault on campus shall immediately report this to the campus security office and to the Superintendent of Buildings & Grounds. It is extremely important that these procedures are followed to insure that appropriate medical and administrative services are provided. The campus guard will then be responsible for implementing the procedures specified is Section I, above.

1. The Superintendent of Buildings & Grounds (Designated College Official) shall be responsible for insuring that all College policies and procedures are followed.
2. The Superintendent of Buildings & Grounds shall be the designated spokesperson for all media inquiries.
3. The Superintendent of Buildings & Grounds, shall contact the Dean of Student Affairs. The Dean of Student Affairs shall determine whether College disciplinary action should be initiated.
4. If the victim is a student, the Superintendent of Buildings & Grounds shall inform the victim of the following:
   • The option of notifying proper law enforcement authorities, including on campus security, local and state police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses.
   • Existing counseling, mental health or student services for victims of sexual assault, both on campus and in the community.
   • The options for, and available assistance in changing academic situations after an alleged sexual assault incidents, if so requested by the victim and if such changes are reasonably available.

Incidents Reported to Students

If a student receives a report of or discovers a possible sexual assault on campus, he/she must immediately notify the campus security, a faculty member, or a staff member. It is extremely important that these procedures are followed to insure that appropriate medical and administrative services are provided. The campus security, faculty member, or staff member will be responsible for implementing the procedures specified above.

1. The College and/or the alleged victim may initiate college disciplinary action against the person accused of forcible or nonforcible sex offenses. Possible sanctions to be imposed following the final determination of an on-campus disciplinary procedure can be found within this Student Policy Guide.
2. If on-campus disciplinary action is instituted, the College shall follow its disciplinary procedures as outlined in this student Policy Guide. Both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding alleging sexual assault. The accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding.