What to do if you if you or someone you know has been sexually assaulted:
If a sexual offense should occur within the University District, the victim should call the Wittenberg police at the emergency line 327-6363.
All victims of sexual assault should take the following actions:
Note: The importance of having a physical examination to collect and preserve evidence of a criminal assault, whether or not you wish to legally proceed at the time of the incident is emphasized.
On Campus available resources :
|Campus Emergencies||327 – 6363|
|Wittenberg Operator||327 – 6231|
|Wittenberg Police/Security||327 – 7307|
|Escort Service||327 – 7900|
|Wittenberg Counseling Services||327 – 7811|
|Wittenberg Health & Wellness Center||327 – 7811|
|Student Development||327 – 7800|
|University Pastor||327 – 7411|
Off Campus resources:
|Springfield Police Dept.||324 – 7680|
|Mental Health Services||399 – 9500|
|National Sexual Assault Hotline||1-800-656-HOPE|
|Planned Parenthood||325 – 7349|
|Project Woman||325 – 3707|
Sexual misconduct is a form of physical sexual harassment that includes a range of behaviors from unwanted touching and fondling to acts of sexual assault or rape. Any genital or oral penetration, however slight, by a part of the respondent's body or by an object without the consent of the complainant is sufficient to constitute sexual assault, and such acts are subject to criminal charges.
Sexual misconduct is defined as engaging or causing another person to engage in a sexual act through force, threat of force or without the person's consent. Consent must not be impaired by mental or physical condition, by advanced age or by any drug or intoxicant, regardless of who administered the drug or intoxicant, even if it was self-administered. In sexual encounters, each participant has a duty to communicate clearly-in words or actions-the desired level of intimacy. Consent is not presumed.
HOW DOES WITTENBERG DEFINE SEXUAL HARASSMENT?
Sexual harassment may be verbal, visual or involve physical contact. It can be overt, such as a professor's suggestion that a person could get a higher grade or a supervisor's offer to an employee for a higher salary in return for submission to sexual advances. The suggestion or advance need not be direct or explicit - it may be implied by the conduct, circumstances and relationship of the individuals involved. Sexual harassment can also consist of persistent, unwanted attempts to change a professional or educational relationship to a sexual one. It can range from abusive remarks about individual persons to sexual misconduct including serious criminal abuses such as assault.
A person does not have to be the target of sexual harassment to be sexually harassed. The harassment of others can be so offensive, demeaning or disruptive as to constitute a hostile work environment, even though the harassment is not specifically directed at the observer.
Although no exhaustive listing of behaviors that constitute sexual harassment is possible, some examples could include: unwelcome sexual flirtations or advances; repeated sexually oriented kidding, teasing, joking and flirting; verbal abuse of a sexual nature; graphic commentary about an individual's body, sexual prowess or presumed sexual deficiencies; derogatory or demeaning comments directed to one's gender; derogatory or demeaning comments about sexual orientation; leering, whistling, touching, pinching or brushing against another's body; touching of an erogenous zone, offensive, crude language; displaying of pornographic materials on personal computers; and displaying objects or pictures that are sexual in nature. All such conduct can be threatening and coercive and may create a hostile or offensive working environment that is not conducive to teaching, learning and working.
Sexual harassment also may consist of patterns or episodes of speech or other behavior that create a hostile or offensive environment for individuals based on their gender or sexual orientation; it may or may not involve unwanted sexual attention.
The university will determine that a behavior or series of behaviors constitutes sexual harassment when one of the following four criteria exists:
Wittenberg strives to provide an environment that promotes and supports positive, effective resolutions for any kind of complaint or concern. A person wishing to make a complaint about sexual harassment or sexual misconduct has the following options under this policy:
(1) Informal Resolution - does not require a signed complaint
(a) Direct--by the complaint directly with the respondent
(b) Assisted by a university official as set forth
(2) Formal Complaint - requires submission of a signed written complaint
(a) Assisted Resolution
(3) Seek Assistance Outside the University
Anyone who believes he or she has been sexually harassed or assaulted may also elect to make a complaint outside the university by initiating civil and/or criminal charges against the offending party or parties. If you request, the university will assist you in reporting an assault and filing a criminal charge. You should be aware that the Ohio criminal and civil justice systems and the Wittenberg process for investigation, adjudication and discipline are separate and distinct ways in which to seek redress. If any party initiates and civil, criminal or agency proceeding, the university reserves the right to initiate, to suspend, to terminate or to continue the internal proceeding.
Any member of the university community who believes he or she has been subjected to harassment may try to resolve the matter informally. The goal of an informal resolution is to stop any harassment that has occurred or is occurring without pursuing a fact-finding process or seeking sanctions. This can be done directly or with the assistance of a university official.
If an attempted direct resolution does not bring a satisfactory result, one may initiate a formal complaint.
This option means that the person who believes he or she has been subjected to harassment directly communicates with the person doing the harassing. This can be done through a conversation or by written communication. The communication should include a description of the offensive behavior and a request that such a behavior stop.
With the Assistance of the University
Under informal resolution, the role of the university official is to help stop the harassing behavior. At this point, the role of the university official does not include mediation or adjudication. A person seeking help with the direct resolution process may consult with one of the following persons:
These university officials can talk with you about options for handling a direct resolution and also can provide guidance on the procedures for filing a formal complaint. Upon request and at their discretion, such persons may serve as a go-between with you and the offender and may do so without revealing your name.
University officials may not assist with an informal resolution when the complaint falls under the definition of sexual assault. All complaints concerning sexual assault are handled through the formal complaint process. Once a university official recognizes that the complaint cannot be resolved by direct resolution, the official must remove himself or herself from the direct resolution process.
1. Assisted Resolution
The university believes that for a variety of reasons including privacy, speed of the resolution and a return to normal relations, it may be in the interest of both the complainant and the respondent to resolve the complaint through Assisted Resolution rather than Adjudication. Thus, unless the complainant or respondent specifically requests for resolution through adjudication, the university will attempt to resolve formal complaints through Assisted Resolution.
Experience has shown that Assisted Resolution is particularly appropriate in situations where there are different perceptions about whether consent was given or where thoughtless or unintentional behavior has caused distress.
Initiating the Complaint
All formal complaints must be written, signed and filed with the Department of Human Resources, which will be the Office of Record for all sexual conduct complaints. One who wishes to file a formal complaint may do so by contacting any of the following university staff who are trained to serve as intake officers for complaints:
The director of human resources will forward the written complaint to an appropriate university officer (which may be the intake officer) for Assisted Resolution. When the respondent is a faculty member, the director of human resources will seek the participation of the provost when presenting the complaint to the respondent.
Resolution of Complaints by Adjudication are initiated under the following conditions:
Under Assisted Resolution, a university officer is appointed as a facilitator to help the complainant and respondent reach a mutually satisfactory resolution. The facilitator does not make a determination about whether the university's policy has been violated. Generally, the facilitator meets separately with the complainant and respondent. Examples of resolutions include an apology, counseling and education requirements, access restrictions, disciplinary action, other affirmative steps to be initiated or dismissal of the complaint.
Under Resolution by Adjudication, the Chair of the Sexual Complaint Grievance Board appoints a Hearing Panel to determine if the respondent has violated the institution's policies concerning sexual harassment or sexual misconduct.