PROCEDURES TO FOLLOW IF SEX OFFENSE OCCURS

1. Preserving evidence:

   It is important to preserve all evidence associated with the sexual violation until the matter has been discussed with a rape crisis counselor or Campus Police officer and the decisions about reporting the assault (and to whom) have been discussed.

    

2. Reporting a Sexual Assault

   If a student perceives him/herself to have been the victim of a sexual assault or other sexual offense, he /she is encouraged to report it to one of the following offices:
   (*) - denotes 24-HOUR COVERAGE

Administrators from these offices may assist an individual with contacting the appropriate person(s) to begin an informal or formal process to address the alleged PSU policy violation and/or New Hampshire State Law violation. Each alleged sexual assault case is handled individually. Some options the alleged victim may have, include but are not limited to, the following. (Note: more than one of the options below may be implemented).

1. Seek the support of a professional or trained counselor or person trained in rape crisis (Note: a family member or friend is welcome to accompany an individual to any meetings with these agencies).

2. File a Jane Doe Report through the Women's Services and Gender Resource Center, so that the incident can be reported to the University for statistical purposes. Jane Doe Reports allow the victim to maintain his/her anonymity while alerting the Campus Officials that an incident has occurred.

3. File an incident report with the Coordinator of Judicial Programs, Dean of Students or Vice President for Student Affairs. This allows the opportunity for the case to be heard through the Plymouth State University Judicial System. Filing a report through this system, however, does not obligate a student to pursue the complaint either judicially or through the criminal justice system. This allows for the alleged offending student to be held accountable for violating a PSU policy.

4. File a report with the PSU Campus Police or Plymouth Police Department (the filing of a report does not obligate the victim to pursue formal charges of sexual assault through the N.H. legal system). If formal charges are pursued and there is a finding of guilt, penalties range from:

• 1 year in the County House of Corrections for a Sexual Assault Misdemeanor 

• 3-7 years in the State Prison for a Sexual Assault Class B Felony

• 7-15 years (plus applicable fines) for a Sexual Assault Class A Felony 

3. Victim/Survivor's Choice:

   The choices about how to proceed in an alleged sexual assault complaint will, as much as possible, belong to the alleged victim/survivor. For example, he/she may choose to report only to campus officials and not involve New Hampshire law enforcement officials or report only to the local police, file a criminal complaint and circumvent the University process entirely. The alleged victim/survivor will be assisted in contacting any authorities as deemed necessary and/or advantageous.

   Any choice that a student may make does not preclude him or her from pursuing other courses of action at a future time. The victim/survivor has the right to be involved throughout the complaint process as long as the due process rights of the accused student are not denied.

ASSISTANCE WITH NOTIFYING LAW ENFORCEMENT 

If a victim/survivor chooses to notify law enforcement of the incident University administrators will help the student do so.

VICTIM SERVICES 

The following services are available for the victim/survivor:

ACADEMIC AND LIVING CONDITIONS OF VICTIMS/SURVIVORS

If the alleged perpetrator is found responsible through the PSU Judicial System and

• The students involved are residing in the same University-owned Residence Hall or Apartment Complex; at the request of the victim/survivor, the offending student may be moved to a different facility. 

• The students are currently in the same class, the victim/survivor, may request that the offending student be transferred to another section. 

• The students involved are in the same academic program, the victim/survivor, may have priority in registering for classes. 

CAMPUS JUDICIAL PROCEDURES IN CASES OF SEXUAL ASSAULT

Alleged sexual assault cases that are reported through the Judicial Programs Office and are pursued judicially will be handled as other alleged violations of University policies are. See the Judicial System and Rights of Students sections of the Student Handbook for more information regarding judicial system procedures and related topics.

Both parties in a sexual assault case however are allowed to the following: (although procedures as outlined in the Judicial System under the Due Process section of the Student Handbook must be followed)

• Have an advisor of their choice from the University community present during the hearing proceedings (except during deliberation).

• May provide appropriate witnesses in the hearing.

• May be informed of the outcome of the hearing.

Additional Rights and Opportunities the Alleged Victim/Survivor has in the Judicial Process:

• Right not to have their past sexual history introduced as part of the testimony, except as required by New Hampshire State Law.

• The opportunity to make a 'survivor impact statement'.

• The opportunity to prepare a written statement to be read at the hearing in lieu of being present.

• Ability to request the hearing take place in a manner that does not require the survivor/victim and the accused to be in the same room at the same time.

• The opportunity to recommend an appropriate sanction if the accused is found to be responsible for violating University Policy.

Notification of the Judicial Proceeding Outcome:

In judicial cases involving a victim and perpetrator of a sexual assault, the victim has the right to be notified of the outcome of the hearing including the finding of responsibility and the sanctions imposed.

Sanctions for Sexual Assault Violations: 

In cases where there is a finding of responsibility sanctions may include any sanction that may be imposed for policy violations through the PSU Judicial System.

RAPE AWARENESS EDUCATIONAL PROGRAMS

RAD (Rape Aggression Defense) Classes are offered through the academic program and may be offered through residential life or student organizations' programming efforts.

Related Topics:

• Dean of Students
• Vice President for Student Affairs
• Judicial Programs
• Women's and Gender Resource Center
• Counseling and Human Relations Center
• Campus Police