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Policies: Sexual Assault Policy

Gloucester County College is committed to creating and maintaining a safe environment that is free from harassment, coercion, and assault. Gloucester County College by statute serves the community at large, thus, it is the responsibility of each person affiliated with the institution to respect the human dignity and legal rights of others. Sexual assault is a crime prohibited by college policy, state, and federal law. (Policy 8111)

What is Sexual Assault?

Sexual assault is the legal term used in New Jersey to refer to nonconsensual sexual contact. In accordance with the definitions used in the Uniform Crime Reporting System of the Department of Justice, Federal Bureau of Investigation, there are two types of sexual assault. Forcible and non-forcible sex offenses include stranger or acquaintance rape, attempted rape, and nonconsensual physical contact.

A Forcible Sex Offense is any sexual act directed against another person, forcible and/or against that person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapability, and includes forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling.

A Non-Forcible Sex Offense is an act of unlawful, non-forcible sexual intercourse and includes incest and statutory rape.

Depending upon the circumstances, acquaintance rape can be considered either a forcible or a non-forcible sex offense.

The College will impose sanctions in accordance with policies including provisions under Student Rights and Responsibilities upon any individual found to have violated this policy. An individual charged may be subject to prosecution by the appropriate law enforcement agencies.

In compliance with federal Student Right-to-Know and Campus Security Act of 1990, the College Security Department will report crime statistics to the appropriate federal agencies; subsequently, the Department of Public Safety will notify the campus community of any sex offenses that have been reported to them.

The Committee to Prevent Campus Sexual Assault consists of students, faculty, and administrators whose focus is to provide information for a safe environment and the prevention of campus sexual assault. The Committee will periodically review guidelines, monitor service for the victim, and recommend policy and procedural changes to Cabinet for adoption.

Campus Sexual Assault Victim’s Bill of Rights

A college or university in a free society must be devoted to the pursuit of truth and knowledge through reason and open communication among its members. Academic communities acknowledge the necessity of being intellectually stimulating where the diversity of ideas is valued. Its rules must be conceived for the purpose of furthering and protecting the rights of all members of the university community in achieving these ends.

The boundaries of personal freedom are limited by applicable state and federal laws and institutional rules and regulations governing interpersonal behavior. In creating a community free from violence, sexual assault, and non-consensual sexual contact, respect for the individual and human dignity are of paramount importance.

The state of New Jersey recognizes that the impact of violence on its victims and the surrounding community can be severe and long lasting. Thus, it has established this Bill of Rights to articulate requirements for policies, procedures, and services designed to insure that the needs of victims are met and that the colleges and universities in New Jersey create and maintain communities that support human dignity.

Bill of Rights

The following Rights shall be accorded to victims of sexual assault that occur:

• on the campus of any public or independent institution of higher education in the state of New Jersey, and
• where the victim or alleged perpetrator is a student at that institution, and/or
• when the victim is a student involved in an off-campus sexual assault.

Human Dignity Rights

• to be free from any suggestion that victims must report the crimes to be assured of any other right guaranteed under this policy
• to have any allegations of sexual assault treated seriously; the right to be treated with dignity
• to be free from any suggestion that victims are responsible for the commission of crimes against them
• to be free from any pressure from campus personnel to:
  • report crimes if the victim does not wish to do so
  • report crimes as lesser offenses than the victim perceives the crime to be
  • refrain from reporting crimes
  • refrain from reporting crimes to avoid unwanted personal publicity

Rights to Resources on and off Campus

• to be notified of existing campus and community-based medical, counseling, mental health, and student services for victims of sexual assault whether or not the crime is formally reported to campus or civil authorities
• to have access to campus counseling under the same terms and conditions as apply to other students in their institution seeking such counseling
• to be informed of and assisted in exercising:
  • any rights to confidential or anonymous testing for sexually transmitted diseases, human immunodeficiency virus, and/or pregnancy
  • any rights that may be provided by law to compel and disclose the result of testing of sexual assault suspects for communicable diseases

Campus Judicial Rights

• to be afforded the same access to legal assistance as the accused
• to be afforded the same opportunity to have others present during any campus disciplinary proceeding that is allowed the accused
• to be notified of the outcome of the sexual assault disciplinary proceeding against the accused

Legal Rights

• to have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the sexual assault is reported
• to receive full and prompt cooperation and assistance of campus personnel in notifying the proper authorities
• to receive full, prompt, and victim-sensitive cooperation of campus personnel with regard to obtaining, securing, and maintaining evidence, including a medical examination when it is necessary to preserve evidence of the assault

Campus Intervention Rights

• to require campus personnel to take reasonable and necessary action to prevent further unwanted contact of victims by their alleged assailants
• to be notified of the options for and provided assistance in changing academic and living situations if such changes are reasonably available

Statutory Mandates

Each campus must guarantee that this Bill of Rights is implemented. It is the obligation of the individual campus governing board to examine resources dedicated to services required and to make appropriate requests to increase or reallocate resources where necessary to ensure implementation.

Each campus shall make every reasonable effort to ensure that every student at the institution receives a copy of this document.

Nothing in this act or in any “Campus Assault Victim’s Bill of Rights” developed in accordance with the provisions of the act shall be construed to preclude or in any way restrict any public or independent institution of higher education in the state from reporting any suspected crime or offense to the appropriate law enforcement authorities.

Reporting Allegations of Sexual Assault

Safe places for reporting allegations of sexual assault:

* First Line of Contact

Community Resources