Dealing with Sexual Misconduct

Important Numbers:

• Campus Security — 24 hours a day: 307-268-2688
• Casper Police Department — 24 hours a day: 307-235-8278 or 911
• Campus Wellness Center — 307-268-2267
• Office of the Vice President for Student Services — 307-268-2210
• Title IX Administrator, Associate Vice President for Student Services — 307-268-2667

SEXUAL MISCONDUCT

College is an exciting time in your life. It is also a time when the risk is high for becoming a victim of sexual misconduct. Unfortunately, sexual misconduct occurs at every college and university including Casper College. However, Casper College is committed to providing an atmosphere as free of discrimination, harassment, and unwanted sexual contact as possible.

SEXUAL MISCONDUCT OFFENSES INCLUDE BUT ARE NOT LIMITED TO:

• Sexual harassment
• Nonconsensual sexual contact
• Nonconsensual sexual intercourse
• Sexual exploitation
• See definitions for detailed descriptions

Acts of sexual misconduct are punishable under the Casper College Student Code of Conduct in the case of students, and under the policies and procedures that govern faculty and staff in the case of employees. In the case of student misconduct, the associate vice president for student services leads the investigation. In the case of employee misconduct, the director of human resources leads the investigation. In either case the findings are also referred to the college’s Title IX Officer Linda Toohey. You can contact Toohey for review and possible action at the Walter H. Nolte Gateway Center, Room 412, 307-268-2667, or linda.toohey@caspercollege.edu.

SEXUAL MISCONDUCT DEFINITIONS

CONSENT

Knowing, voluntary, and clear permission, through word or action, to engage in mutually agreed upon sexual activity or contact.

SEXUAL MISCONDUCT VIOLATIONS

The following are the definitions of conduct prohibited by the sexual misconduct policy:

SEXUAL HARASSMENT

Sexual harassment is:

• unwelcome,
• sexual, sex-based, and/or gender-based verbal, written, online, and/or physical conduct.

HOSTILE ENVIRONMENT

• A hostile environment is created when sexual harassment is:
• sufficiently severe, or
• persistent or pervasive, and
• objectively offensive that it
• unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the institution’s educational and/or employment, social, and/or residential program.

Sanctions range from warning to expulsion/termination.

NONCONSENSUAL SEXUAL CONTACT

• Nonconsensual sexual contact is:
• any intentional sexual touching,
• however slight,
• with any object,
• by a person upon another person,
• that is without consent and/or by force.

Sanctions range from warning to expulsion/termination.

NONCONSENSUAL SEXUAL INTERCOURSE (Sexual assault)

Nonconsensual sexual intercourse is:

• any sexual intercourse,
• however slight,
• with any object,
• by a person upon another person,
• that is without consent and/or by force.

Sanctions typically result in suspension or expulsion/termination.

SEXUAL EXPLOITATION

• Occurs when one person takes nonconsensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and
• that behavior does not otherwise constitute one of the other sexual misconduct offenses.

Sanctions range from warning to expulsion/termination.

INTIMATE PARTNER VIOLENCE (Dating and/or domestic violence)

Intimate partner violence is:

• violence or emotional and/or psychological abuse between those in an intimate relationship toward each other.

Sanctions range from warning to expulsion/termination.

STALKING

Stalking 1:

• a course of conduct,
• directed at a specific person,
• on the basis of actual or perceived membership in a protected class,
• that is unwelcome, and,
• would cause a reasonable person to feel fear.

Sanctions range from warning to expulsion/termination.

Stalking 2:

• repetitive and menacing,
• pursuing, following, harassing, and/or interfering with the peace and/or safety of another.

Sanctions typically result in suspension or expulsion/termination.

RETALIATION

• Adverse reaction taken against a person for reporting harassment, supporting a person bringing a grievance,
  or for assisting or providing information relevant to a claim
  of harassment.
• Any adverse reaction will be investigated immediately and dealt with separately.
• Retaliation includes but is not limited to intimidation, threats or menacing behavior, coercion, or discriminating actions.
• Retaliation is a serious violation and may result in removal from the campus and/or college.

BYSTANDER INTERVENTION

Bystanders witness or see a specific action or event, but are not directly involved in that event.

Being an active bystander can include:

• Speaking out against statements, attitudes, or behaviors that may perpetuate a culture of endorsing violence as acceptable or inevitable.
• Stopping situations that could lead to sexual assault.
• Stepping in during a high-risk incident, whether by disruption, distraction, speaking up, or calling for help.
• Supporting and helping others respond to problematic situations.
• Reporting to resident assistants — also known as RAs, campus security, or the Title IX coordinator.

PROCEDURES STUDENTS SHOULD FOLLOW IF THEY ARE THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING:

Students should contact one or more of the following offices or agencies to report any sexual misconduct:

• Campus Security — 24 hours a day: 307-268-2688
• Casper Police Department — 24 hours a day: 307-235-8278 or 911
• Campus Wellness Center — 307-268-2267
• Office of the Vice President for Student Services — 307-268-2210
• Title IX Administrator, Associate Vice President for Student Services — 307-268-2667

The survivor of sexual misconduct and anyone assisting them should preserve evidence for a possible criminal investigation or procedure. To this end, they should:

• Preserve any physical evidence without moving it, if possible.
• Secure the area when possible by locking doors and denying entrance to anyone other than law enforcement and medical personnel.
• Preserve sheets, clothing, underwear, tissues, or other items that may have the offender’s DNA on them.
• Report the offense as quickly as possible to increase the chance of the offender being identified and for the collection of evidence.
• Consider undergoing a forensic examination by a Sexual Assault Nurse Examiner, or SANE.
• Preserve any emails, text messages, social media pages, or other evidence related to the offense.
• Take photographs, if the survivor has been injured.
• Report the offense to law enforcement.

Note: The survivor should not urinate, defecate, douche, bathe, shower, brush their teeth, change clothes, eat, drink, or otherwise engage in any activity that might affect the collection of evidence.

YOUR RIGHTS

Casper College strives to provide members of the campus community with a fair and equitable resolution process that may include both formal and informal options.

Survivors have the right to decline to make a report to either the Casper College Campus Security Department or to the Casper Police Department. In such cases, the office or individual receiving the report shall not contact either entity, but, if designated as a campus security authority under college policy, shall make a report to the director of security that a report of sexual misconduct was received, the date and time that the incident occurred, and the location of occurrence so that the incident can be reported on the college’s annual crime statistics log as required by the Clery Act, under the U.S. Department of Education.

COUNSELING AND MENTAL HEALTH SERVICES OFF CAMPUS

Survivors may avail themselves of mental health and counseling services by contacting the Casper College Wellness Center at 307-268-2267 during business hours. If a survivor would like to talk with a counselor after business hours, they should contact campus security who will contact the counselor on call. The survivor may also contact the following agencies for counseling:

• The Self-Help Center of Casper at 307-235-2814.
• The Natrona County Victim-Witness Services office at 307-235-9282, sheriff’s office dispatch, or by asking the responding law enforcement officer to contact them.
• The National Sexual Abuse Hotline at 800-856-4673.

SANCTIONS THE COLLEGE MAY IMPOSE FOLLOWING A FINAL DETERMINATION OF DISCIPLINARY PROCEEDINGS REGARDING DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

The college may impose sanctions against any student found to have committed sexual misconduct as outlined in the Casper College Student Code of Conduct. A student may be subject to criminal prosecution and may be suspended or expelled and may be removed from college housing for a first offense. An offender may be subject to probation, housing probation, restriction of privileges, community service, or mandatory education.

A student alleged to have committed sexual misconduct will be advised of available campus judicial and counseling services.

PROTECTIVE MEASURES FOLLOWING A FINAL DETERMINATION OF RAPE, ACQUAINTANCE RAPE, DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

If requested, the college may provide protective measures such as changes to housing, transportation, academic, and/or working environment. Campus security may escort a survivor on campus as they deem appropriate.

AMNESTY

Casper College encourages the reporting of conduct code violations and crimes. Sometimes, students are reluctant to report such conduct to college officials because they fear disciplinary action due to other conduct violations such as drinking at the time of the incident. To encourage reporting, the college will not impose disciplinary action related to the student code of conduct for nonviolent violations such as use of alcohol, drugs, or narcotics related to the incident.

CONFIDENTIAL REPORTING

• If reporting students wish that details of an incident be kept confidential, they should speak with a counselor in the Casper College Wellness Center and/or the Casper College Student Health Nurse. Campus counselors are available to help on an emergency basis and can be reached through the Casper College Campus Security Department at any time. These services are free of charge. Local resources are also available.
• The Self-Help Center of Casper at 307-235-2814
• The Natrona County Victim-Witness Services office at 307-235-9282, sheriff’s office dispatch.

MANDATED REPORTING

All college employees who are not designated on on this page as confidential, are mandated reporters for all the details of which they are aware about an incident. They share this information with the Title IX Coordinator. Giving a mandated reporter notice of an incident constitutes official notice to the institution. Incidents of sexual misconduct will be taken seriously when official notice is given to the institution. Such incidents of sexual misconduct will be investigated and resolved in a prompt and equitable manner as outlined in the Casper College Student Code of Conduct.

You may request confidentiality and/or that the Title IX coordinator provide you with remedies and resources without initiating a formal resolution process. The coordinator will weigh requests for confidentiality against the institutional need to address and remedy discrimination under Title IX. Generally, Casper College will be able to respect your wishes, unless it believes there is a threat to the community based on the use of weapons, violence, pattern, predation, or threatening conduct by the person being accused.