Presentation on theme: "Campus Sexual Violence Elimination Act"— Presentation transcript:
1 Campus Sexual Violence Elimination Act New Mexico State University:A Respectful and Caring Community
2 Healthy relationships Trust in each otherRespect for each otherCaring for the safety and health of each otherHonesty between each otherEach person can speak her or his opinionUnderstand each otherFeeling comfortable within her or his presence
3 NMSU does not tolerate violence against members of the NMSU community The civil rights and safety of all members in the NMSU community are important and are to be respected. Sexual harassment, gender harassment, domestic and relationship violence are a violation of civil rights and impact the safety of all.
4 Relevant actions and policies Violence Against Women ActJeanne Clery ActTitle IXCampus SaVE ActNew Mexico state lawsNMSU Student Code of ConductNMSU Policy Manual (applies to student employees)
5 Title IXTitle IX: Prohibits gender inequality and sexual harassment (including sexual violence)Title IX views sexual harassment as an important civil rights issue: when students suffer sexual harassment, the academic environment becomes a hostile and unsafe environment which could then deprive the victim of equal access to an education. Consequently, universities and colleges are to respond in a proactive manner and take immediate action to eliminate the harassment, prevent its recurrence, and address its effects.
6 Campus Sexual Violence Elimination Act or Campus SaVE Act The Campus SaVE Act is the law to Title IXIn 2013, The U.S. Government reauthorized the Violence Against Women Act. Included in the bill was the Campus Sexual Violence Elimination Act (Campus SaVE), which amends the Jeanne Clery Act and affords additional rights to campus victims of sexual violence, dating violence, domestic violence, and stalking.Domestic and relationship violence are also included in the Campus SaVE Act.
7 The State of New Mexico’s legal definitions of sexual assault “Criminal sexual contact is the unlawful and intentional touching of or application of force, without consent, to the:unclothed intimate parts of anotherwho has reached his eighteenth birthdayintentionally causing another who has reached his eighteenth birthday to touch one's intimate parts.”Statute § (A)
8 The State of New Mexico’s legal definitions of rape “Criminal sexual penetration is the unlawful and intentional causing of a person to engage in:sexual intercoursecunnilingusfellatioanal intercourseor the causing of penetration, to any extent and with any object, of the genital or anal openings of another, whether or not there is any emission.”Statute § (A)
9 The State of New Mexico’s legal definitions of intimate partner rape “Intimate partner rape where the victim and perpetrator are:currently or formerly married, living together, or involved in a dating relationship.”New Mexico, under the Crimes Against Household Members ActStatute §30-3-4(A)
10 Other related sexual assault offenses The State of New Mexico State Law “Criminal Sexual Contact of a Minor is the unlawful and intentional touching of or applying force to the intimate parts of a minor or the unlawful and intentional causing of a minor to touch one’s intimate parts.”Statute § (A)“Indecent Exposure consists of a person knowingly and intentionally exposing his primary genital area to public view. Primary genital area means the mons pubis, penis, testicles, mons veneris, vulva or vagina.Statute§ (A-B)
11 Incapacitation or drug facilitated rape or sexual assault Capacity: is the ability to understand the pros, cons, and alternatives in decision making in combination with the ability to communicate an informed decisionIncapacitated Adult: an individual over 18 years of age who has a physical, mental, or developmental condition that substantially impairs the ability to care for or protect oneselfDrug-facilitated rape includes circumstances where the perpetrator administers alcohol or controlled substances to the victim to facilitate a sexual assault.For purposes of this definition, it does not matter whether the victim consented to the ingestion or delivery of the alcohol or controlled substance.
12 Relationship between sexual violence and alcohol in New Mexico Percent of Rape Cases Involving Alcohol/Drugs 34%Victim 23.5% - 33%Offender 45.5% - 76%Alcohol/Drug use is greater among female victims than male victims and increases vulnerability to stranger-rape, multiple-offender victimizations, and contraction of STDsSource:
13 Consent--an important sexual right Consent is a mutual decision to engage in sexual activity that is voluntary and clearly stated in an explicit communication of agreement throughout the activityEither person can decide to stop the activity at any point in timeDoes not “kill the mood” by simply asking: Are you okay with this? Would you like to keep going?*Asking and responding freely enhances the experience and helps to create trust in a relationship*Recent study: The more comfortable and the stronger the feelings of agreement and want people had for the sexual activity, the higher they indicated the quality of the sexual experience*Sources:*Kristen Jozkowski, Ph.D., posted October 22, 2013**Palo Alto Medical Foundation
14 Consent is not: The absence of a “no” Passivity Implied To be assumed SilenceAgreeing because of fear or uncertaintyAcquiescence or submissionPressuredSolely based on nonverbal which can lead to miscommunication
15 The ability to give consent is simply: Understanding the nature and consequences of what is proposedBeing able to evaluate the benefits, risks, and alternativesBeing able to make and communicate an informed decisionWhen participants are of a legal age to consentRemember: Equal power = Equal ability to make choices
16 The State of New Mexico’s definition of domestic violence Domestic abuse is an incident where one household member causes or commits any of the following to another household member:Physical harm or severe emotional distressBodily injury or assaultA threat that causes immediate fear of receiving physical injury from any household memberCriminal trespass or criminal damage to propertyRepeatedly drives by a residence or workplaceTelephone harassment or other forms of harassment, orHarm or threatened harm to children
17 What is a “household member?” Current or former spouseParent or a current or former stepparentCurrent or former parent-in-lawGrandparent or a grandparent-in-lawCo-parent of a childPerson with whom the offender has had a dating or intimate relationshipNew Mexico criminal law (N.M. Stat. § )
18 Relationship between domestic violence and alcohol in New Mexico Approximately one-third (35%) of domestic violence cases reported by law enforcement involved alcohol/drug useOf these, 92% involved suspect use of alcohol/drugsAnd 18% involved victim use of alcohol/drugsThese percentages include the 11% of cases where both the victim and the suspect were using alcohol/drugs at the time of the domestic assaultSource:
19 StalkingTo harasses another person in an aggressive, often threatening and illegal mannerTo pursue persistently and sometimes attack (a person with whom one is obsessed, fascinated, etc.)HarassmentAnnoysAlarmsTerrorizesVoyeurism – the practice of obtaining sexual gratification by viewing sexual objects, acts or genitalia, especially secretly
20 STALKING NEEDS TO BE TAKEN SERIOUSLY! Stalking behaviorsFollows you or shows up where you areSends unwanted itemsDamages your propertyMonitors your calls or computer useUses technology to track youThreatens to hurt you or your familySTALKING NEEDS TO BE TAKEN SERIOUSLY!
21 Risk reductionViolent crimes such as sexual harassment, domestic/relationship violence, or stalking are never the fault of the victim. Below are some steps you can take to reduce the risk of being assaulted:Avoid dangerous situations:Always have your cell phone charge and with youAvoid isolated areasAvoid putting earphones in both ears in unfamiliar placesSafety planning:Know where exits are locatedBe aware of transportation optionsSource:https://www.rainn.org/get-information/sexual-assault-prevention
22 Risk reduction Safety in social situations: Go to parties with friendsTrust your instinctsDon’t accept drinks from people you don’t knowWatch out for your friends and have them watch out for youIf you suspect a friend has been drugged; contact the policeWhen you feel pressured by someone:Remember that being in this situation is not your faultBe true to yourself and what you want to doShare code words with friends and family that will trigger a rescue planLie or make an excuse to get out of the situationThink of an escape routeSource:https://www.rainn.org/get-information/sexual-assault-prevention
23 First steps to take if you are a victim of rape or sexual assault GET TO SAFETYCall 911Do not bathe or showerDo not comb or brush your hairDo not change your clothes or shoesDo not doucheObtain emergency medical care at a hospital. A sexual assault nurse examiner can conduct the examination and provide medical care (injuries, pregnancy, STD’s). Bring a change of clothing with youConsider contacting a sexual assault advocate as a source of support during the examination at the hospital and with other legal processesSTAY SAFEObtain an Order of Protection (court-ordered) or No-Contact Directive (campus judicial action)Change locks, make sure doors are lockedStay in the company of safe others (family, friends)
24 First steps to take if you are a victim of domestic or relationship violence or stalking GET TO SAFETYCall 911If you are still in the relationship:Make a list of safe people to contactMemorize all important numbersEstablish a “code word” or “sign” so that family , friends, teachers or co-workers know when to call for helpIdentify a safe place to go if an argument occurs, avoid rooms with no exitsIf possible, get weapons out of the house
25 First steps to take if you are a victim of domestic or relationship violence or stalking If you have left the relationship:Change your phone numberScreen callsSave and document all contacts, messages, injuries or other incidents involving the abusive partnerChange locks if the batterer has a keyAvoid being alonePlan how to get away if confronted by the abusive partnerIf you have to meet your partner, do it in a public placeVary your routineCall the local domestic violence shelter for emergency shelterSTAY SAFEObtain an Order of Protection (court-ordered) or No-Contact Directive (campus judicial action)Change locks, make sure doors are lockedStay in the company of safe others (family, friends)
26 Court-issued orders of protection for domestic abuse (including relationship violence, sexual abuse and stalking)Purpose:To restrain the abusing party from committing acts of domestic violenceExcludes the abusing party from your home, work, school or daycareRequires "no contact" in person, by telephone, notes, letters, telegrams, pagers, or third partyGives you access to the courts with a hearing scheduled before a Special CommissionerProvides other appropriate relief such as temporary custody of children and child supportAllows the police to arrest the abuser if there is a violation of the OrderWhat relationships qualify?Boy friend/girl friend/lover or former of these relationships (same sex or opposite sex)Co-parents/family members (over 18 years old)Continuing personal relationshipsSource:
27 Rights of the Survivor/Victim To choose how you want to respond regarding what happened to youTo choose whether to file a police reportTo have university personnel available to you for support throughout the reporting processTo file a complaint with other campus offices (i.e., Office of the Dean of Students, Office of Institutional Equity)To be treated with fairness and respect throughout the investigatory processTo obtain a no-contact directive from Student Judicial Affairs or an Order of Protection from the courtsTo be protected from harm which could include a change in your academic, living, transportation or working situations to avoid a hostile environmentTo a prompt and equitable resolutionTo have an advisor present during any hearing or meetingTo be informed of the outcome of the disciplinary hearing at the same time as the alleged perpetratorTo appeal the outcome of the disciplinary hearing and/or sanctionsTo be notified of any change of the resultsTo be notified of when results are final
28 Nonacademic misconduct Behavior committed by a student that is violent, including sexual misconduct and domestic or relationship violence, is considered to be nonacademic misconduct that could result in a sanction by the university.The hearing officer will determine responsibility, based on preponderance of the evidence, and a sanction will be imposed.As a result of an investigation and/or conference with a student or organization representative, one of the following actions may be taken:The allegation may be dismissed as unfounded.The allegation may be dismissed for lack of preponderance of the evidence.The student or organization representative may admit responsibility and a sanction will be imposed.
29 Non-academic disciplinary process Student is notified of charges and date of hearingHearing is heldDecision is made by the Hearing OfficerIf the student is found not responsible for charges, the case is droppedIf the Student is found responsible for charges, sanctions are imposedStudent is notified of the outcome of the decisionStudent may request first appeal based on grounds for appealStudent may request second appeal based on grounds for appeal
30 Possible sanctions Stalking Domestic Violence Dating Violence Written WarningDisciplinary ProbationDisciplinary SuspensionDomestic ViolenceDating ViolenceDisciplinary ProbationDisciplinary SuspensionSexual AssaultDismissalExpulsion
31 Rights of the Alleged Offender To a fair and equitable hearingTo be formally notified and informed of the allegationsTo view the evidenceTo have an advisor present (i.e., other witnesses, attorney)To provide a statementTo call and question witnessesTo be notified of the decisionTo an appeal of the decision and sanctionsTo be notified of changes in the decision post-appealTo be notified of all finalized outcomes
32 Privacy and confidentiality NMSU shall take appropriate steps to protect the privacy of individuals involved in a report of sexual harassment, including sexual violence, domestic and relationship violence, or stalking. A report of any of these behaviors could indicate the necessity of gathering extremely sensitive information for investigation by the NMSU Police Department or the Office of Institutional Equity.Because of the need to keep the entire campus safe, a warning may have to be sent to the campus community. Every effort will be made in this warning to maintain the individual’s privacy: at no time will the victim be named in the warning and only information necessary to keep the campus community safe will be provided.The Family Educational Rights and Privacy Act of 1974 (FERPA) protects student records. Disciplinary actions are protected through FERPA and can only be shared on an educational need- to-know basis. Disciplinary status can also be shared if the student authorizes through a release of information
33 Privacy and Confidentiality The Jeanne Clery Act requires NMSU faculty, staff, graduate assistants, and student employees to serve as Campus Security Authorities (CSA).Should a student report an incident of sexual harassment/violence, domestic violence or relationship violence, the CSA is obligated to report the crime to the appropriate offices including the Office of Institutional Equity or the NMSU Police Department. In this case, confidentiality will not apply—CSA’s are required to report.The Jeanne Clery Act does not require pastoral counselors and professional counselors serving in the role of counselor to report the crime; they are able to maintain confidentiality. When a student reports an incident of sexual harassment, domestic or relationship violence, the counselor will inform the victim of their rights and the actions they may take to report the incident to other authorities on campus should they choose to do so.
34 Bystander intervention Community standard which says “Violence is not okay”Violence is about power; bystander intervention reduces the power that results in personal violenceBystander intervention identifies everyone as a potential bystander who can help those in need and reduce violenceMove from passive observation of violence to active interventionBystander intervention creates a lasting change in behavior to reduce personal violence on a community level
35 What can you do? Notice the event or incident Identify this event or incident as a problem or emergencyAssume responsibility by feeling motivated to, and capable of, finding a solutionAct
36 As an Aggie, these are not acceptable excuses to stop you from helping Reasons people do helpIt is unclear if the situation is an emergencyThe cost of helping (to the bystander) is greater than the cost of not helpingThe more people that are present, the less likely someone will ‘step up’ and interveneThe bystander feels the person needing assistance is not similar to themselvesThe bystander is not in a good moodPerception someone else will take actionThe person needing assistance is not perceived as an innocent victimSociety does not expect them to interveneAs an Aggie, these are not acceptable excuses to stop you from helping
37 Bystander Intervention You can interview in cases of:Bystanders Include:Academic misconductAlcohol misuse or abuseAlcohol poisoningAnger issuesDepression or suicidal thoughtsEating disordersGamblingHazingRelationship abuse or violenceSexual assaultStudentsStaffFacultyParentsAll community membersYOU
38 For Survivors…This presentation has been about rape, sexual assault, stalking, domestic violence and relationship violence. If you have been a victim of any of these crimes, some of the information may trigger a reaction that could be disturbing. Consider obtaining counseling services for support.If you are in crisis, the Crisis Assistance Listening Line ( ) has responders available to offer support 24/7.
39 Where to go at NMSU-Las Cruces ReportSupportNMSU Police Department 911 ( )File a police reportMeet with the Victim Service Coordinator, Amanda Bowen ( )Office of Institutional Equity ( )Files reports of rape, sexual assault, domestic or relationship violenceOffice of the Dean of Students ( )File a complaint of sexual harassment, domestic or relationship violenceIssues “no-contact” orders when needed. This order would be given to the alleged offender and at a minimum, be in place throughout the course of the investigation. Las Cruces Police Department ( )Doña Ana County Sheriff’s Office—Victim Assistance Unit ( )The following on-campus and off-campus services are confidential resources:NMSU Counseling Center - Room 100, Garcia Annex ( )Campus Health Center ( )The Crisis Assistance Listening Line/CALL ( )La Piñon Sexual Assault Recovery—S.A.N.E. Unit ( )La Casa Domestic Violence Shelter ( )
40 Where to go at NMSU-Alamogordo ReportVice President for Student Success ( )Counselor ( )Alamogordo Police Department ( )NMSU Police Department ( )File a police reportMeet with the Victim Service Coordinator, Amanda Bowen ( )NMSU Office of Institutional Equity ( )Files reports of rape, sexual assault, domestic or relationship violenceOffice of the Dean of Students ( )
41 Where to go at NMSU-Doña Ana Community College ReportVice President for Student Services ( )Student Accessibility and Resource Center ( )Counselor ( )Las Cruces Police Department ( )NMSU Police Department ( )File a police reportMeet with the Victim Service Coordinator, Amanda Bowen ( )NMSU Office of Institutional Equity ( )Files reports of rape, sexual assault, domestic or relationship violenceOffice of the Dean of Students ( )Doña Ana County Sheriff’s Office—Victim Assistance Unit ( )
42 Where to go at NMSU-Carlsbad ReportVice President for Student Services ( )Student Counseling Services ( )Carlsbad Police Department ( )NMSU Police Department ( )File a police reportMeet with the Victim Service Coordinator, Amanda Bowen ( )NMSU Office of Institutional Equity ( )Files reports of rape, sexual assault, domestic or relationship violenceOffice of the Dean of Students ( )
43 Where to go at NMSU-Grants ReportVice President for Student Services ( )Lead Advisor ( )Grants Police Department ( )NMSU Police Department ( )File a police reportMeet with the Victim Service Coordinator, Amanda Bowen ( )NMSU Office of Institutional Equity ( )Receives reports of rape, sexual assault, domestic or relationship violenceOffice of the Dean of Students ( )