Sexual Misconduct Policy
University of Louisville Sexual Misconduct Policy
I. INTRODUCTION
1. The University of Louisville is committed to creating a community free from violence. Sexual assault, sexual harassment, domestic violence, and stalking as defined by State and Federal laws, will not be tolerated at the University of Louisville.
2. The University recognizes the necessity of a community which is open and intellectually stimulating, where diversity of ideas is valued and every person's safety, dignity, and autonomy is respected whether they are students, faculty, or staff, and regardless of race, ethnicity, age, religion, class, national origin, gender, sexual orientation, or disability.
II. RIGHTS OF THE SURVIVOR
1. The University encourages the reporting of sexual assaults to the appropriate University officials, as reporting is the only way the University can take action against the accused assailant. Survivors may report sexual assault to the Department of Public Safety; to the Louisville Metro Police Department, or other appropriate law enforcement agency; The PEACC Program, the Counseling Center; and to the Center for Women and Families; or to the Dean of Students Office. Survivors and persons receiving reports of sexual assault are reminded of the importance of preserving evidence that may be necessary to the proof of criminal sexual assault or for use in University disciplinary proceedings.
2. The survivor has the right to have any and all sexual assaults against the person treated seriously and the right to be treated with dignity. Because the University recognizes that a sexual assault is more than an assault on an individual's body, but is also an attack on the individual's dignity and sense of self, the University is committed to insuring that the decision to take action against the accused shall rest solely with the survivor. There may be circumstances, however, depending on the status of the alleged assailant and the seriousness of the offense, in which the University must take action to protect the survivor or other members of the University community. The best way for a survivor to retain control over actions is to report the assault in the first instance to a confidential counselor where no action will be taken without the survivor's consent, unless required by law.
Specific steps for victim’s assistance are found at http://louisville.edu/org/peacc/
3. The University upholds the right of the survivor to be free from undue coercion of any kind from the University's personnel, including but not limited to staff, faculty, and student staff. Such coercion includes but is not limited to pressuring the survivor to report, not to report, or to under-report a sexual assault; suggesting that the survivor is somehow responsible for the sexual assault; suggesting that the survivor was contributory negligent or assumed the risk of being sexually assaulted; or suggesting that the survivor or the University would incur unwanted publicity or humiliation by reporting the sexual assault.
4. Survivors who report the assault to the University will be fully informed in a timely manner of all their rights and options, including the necessary steps and potential consequences of each option. All University personnel are encouraged to immediately inform survivors of their options. (insert link for checklist). An advocate from the PEACC Program is available to assist with this process. During office hours please call 852-7014. The Department of Public Safety at 852-6111 is available 24/7 to assist survivors and will contact PEACC for an advocate.
III. REPORTING OPERATIONS AND PROCEDURES
A. UNIVERSITY DISCIPLINARY PROCEDURES
The University Disciplinary procedure is stated in the Student Code of Conduct and also can be found on the Dean of Students website:
http://campuslife.louisville.edu/
B. OFF-CAMPUS LEGAL OPTIONS
1. In addition to the University's judicial process and those disciplinary procedures applicable to faculty and staff, the survivor has the right to pursue criminal prosecution and/or civil litigation. The Department of Public Safety is available to provide assistance and information on criminal prosecution. The University is committed to providing full and prompt cooperation and assistance in notifying the proper law enforcement personnel if the survivor so chooses. The survivor has the right to pursue all legal and disciplinary remedies and counseling services without academic penalty.
2. The Department of Public Safety also can provide information on the rights and remedies accorded to crime victims generally, including information about State and Federal laws regarding mandatory testing of sexual assault suspects for communicable diseases, assistance in pursuing action under these laws, and notification of results of any such tests.
IV. CAMPUS SERVICES FOR VICTIMS OF SEXUAL ASSAULT
A. Domestic Violence and Sexual Assault Program
The University of Louisville Prevention, Education, & Advocacy on Campus and Community (PEACC) provides advocacy and assistance to university students, staff and faculty who are affected by sexual assault/rape, domestic violence and stalking. PEACC can be contacted at 852-7014 for confidential assistance and referrals for services.
B. UNIVERSITY COUNSELING SERVICES
1. The University of Louisville Counseling Center’s (852- 6585) mission is to provide short term (one semester or less) counseling. Assistance is given to find outside agencies that can provide long-term services. All currently enrolled University of Louisville students may use the Center's services. Time-limited individual counseling and referral services are provided at no charge.
All communication within the Center is confidential. Information regarding the content of interviews or the results of testing can be released only with the written permission of the client. The exceptions to this policy are:
1 - when the information relates to clear and imminent danger to
an individual.
2 - when a state law requires the reporting of information (threats
of violence, child abuse or neglect).
3 - when information is requested by court order. Any disclosure in
these situations will be made to an appropriate authority and
will be limited to material directly pertinent to the issue
involved.
Clients will be initially informed of these exceptions.
Appointments are made by calling the Counseling Center at 852-6585, or stopping by the office. Hours are 8 a.m. to 5 p.m., Monday through Friday. Printed materials are available concerning staff, rights and responsibilities, and current groups and workshops.
C. MEDICAL SERVICES
The University of Louisville Student Health Service operates as an auxiliary unit, and does not receive funding from the University. This means patients will be charged fees for medical services provided through the clinic. Students will be asked about the method of payment at the time they sign in to be seen.
In Jefferson County, most examinations that include the collection of evidence (sexual assault, intimate partner abuse) are performed at the University of Louisville Hospital Emergency Room, 530 South Jackson, 562-3015. All physicians in the Commonwealth of Kentucky are authorized to collect evidence from crime victims. All emergency rooms in the Commonwealth of Kentucky are authorized and required to provide this service.
The Rape Victim Assistance Program of the Office of the Attorney General pays for medical collection of forensic evidence. According to KRS 216B.400, if the assault is reported to the police, the Hospital can request payment of the Emergency Room bill, the doctor's fee, the rape kit fee and two blood tests. The victim may be responsible for any additional costs. If the victim has received a bill and has questions they can contact the hospital payment office. Consenting to having a rape kit done preserves the option to prosecute, but does not commit an individual to pressing charges. For more information, contact the Rape Victim Assistance Program at (502) 573-5910.
V. STATISTICAL REPORTING
The University will provide statistics of reported sexual assaults as required and defined by the Campus Security Act and the Student-Right-to-Know-Act. All personally identifying information will be removed from statistical reports. This information can be accessed at:
http://louisville.edu/admin/dps/police/crime_report.htm
VI. CONCLUSION
All members of the University of Louisville community share a responsibility for upholding this policy as we strive to attain our goal of creating a violence-free community.
