POLICY

Campus regulations prohibit sexual assault and all other behavior described in Section 102.08 of the Campus Regulations Applying to Campus Activities, Organizations, and Students. Section 102.08 specifically prohibits "... physical abuse, threats of violence, or conduct that threatens the health or safety of any persons on University property or in connection with official University functions. Such abuse, threats, or conduct may include sexual assault perpetrated either by a stranger or an acquaintance."

DISCIPLINARY PROCEDURES

The following information applies only to UCSB student perpetrators of sexual assault and outlines how UCSB responds. Please get advice from the Rape Prevention Education Coordinator, or the police, if the offender is a faculty, staff or community member.

1. Any person sexually assaulted by a student on University property, at an official University function, or on any property deemed by the University to be within its jurisdiction, may ask the University to investigate and bring charges against the accused.
2. A preliminary investigation by the Associate Dean of Students will determine whether "interim suspension" should be invoked (see Section 105.08, Campus Regulations). Essentially, this process immediately removes from campus any person deemed an immediate threat or danger to any member of the campus community.
3. The Associate Dean will also determine if the case should go to a hearing based on preliminary investigation and the determination of a prima facie case of sexual assault. The role of the Dean's office is both to establish a case against, and protect the rights of, the accused. For the University to take action against the student, the victim must, whenever possible, be the reporting party and be willing to testify at a closed conduct committee hearing.
4. If a hearing is held, the complainant and others may be asked to testify. The complainant and the respondent (accused) will each, separately, work with the Dean of Students Office throughout the adjudication of a complaint. The RPEP can provide an advocate for the complainant when requested; it is our recommendation that all complainants seek this assistance.

COMPLAINANT'S RIGHTS AND RESPONSIBILITIES CONNECTED TO A CONDUCT HEARING

1. To a timely hearing after filing charges (cases reported just prior to the end of a quarter may be delayed by the quarter break period);
2. To have a person or persons of her or his choice accompany her or him to the hearing;
3. To remain present throughout the proceeding (excluding Committee deliberations);
4. Not to have to sit directly across from or next to the accused;
5. To respond to questions about the facts of the case posed by the Committee, or Judicial Affairs staff;
6. Not to have his or her irrelevant past sexual history discussed during the hearing;
7. To be informed as soon as possible of the outcome of the hearing;
8. To keep the outcome of the hearing confidential.

RIGHTS OF THE ACCUSED

The accused has the right to procedural due process as outlined in the Campus Regulations. Among these rights are the right:

1. To written notice of the charges;
2. To be accompanied at the hearing by an advisor;
3. To be present while evidence is being presented;
4. To produce witnesses and evidence pertaining to the case;
5. To confront and cross-examine all witnesses;
6. To not be required to give self-incriminating evidence;
7. To be informed as soon as possible of the outcome of the hearing.

For a full description of accused rights and responsibilities, as well as an overview of the disciplinary system, please see Chapter VI of the UCSB Campus Regulations Applying to Campus Activities, Organizations, and Students. All hearings are closed and information pertaining to a conduct case is protected by federal and state privacy laws.

POSSIBLE SANCTIONS

Students found guilty of a sexual assault may receive the following university sanctions: warning, disciplinary probation, exclusion from areas of campus or activities, suspension, or dismissal.

SEXUAL ASSAULT SERVICES

The Rape Prevention Education Program Coordinator is available to assist with crisis intervention, medical and legal questions, referrals to outside agencies, liaison to professors for academic problems, assistance with housing changes, and assistance with reporting to law enforcement and the campus judicial system. These services are free and confidential.

Other counseling resources on campus: Counseling & Career Services for students; Academic and Staff Assistance Program for staff and faculty.

IF YOU ARE SEXUALLY ASSAULTED

1. Get to a safe place. Call a friend or someone else to be with you.
2. If you know you want to report to the police, call 911 (9-911 on campus) and say, "I want to report an assault." You will need to give your name and other information.
3. If you are not sure what you want to do, call the Santa Barbara Rape Crisis Center's 24-hour hotline (564-3696). You do not have to give your name. The advocate will talk with you about your options, rights, and choices.
4. You may also call or come in to the UCSB Women's Center, Monday through Friday from 10 am until 5 pm (893-3778). A staff member will help you with your decisions about what to do.
5. If you are not sure about reporting but think you might want to later, you must make a police report now in order to obtain an evidence exam. The evidence exam can only be done if you make an official report. You have the right to change your mind later about being involved in a legal case.
6. Do not eat, drink, wash, shower, go to the bathroom, douche or clean up. As hard as this is, your body comprises the evidence in a sexual assault. If you have already done these things it is still okay to make a report; be sure to let the officer know.
7. If you definitely do not want to report to the police, it is still a good idea to have a medical exam to see if you were injured internally and to check for sexually transmitted diseases and pregnancy. You can do this at Student Health during their normal hours of operation or have a private physician do the exam.
8. It is important to note, however, that all health care providers (including Student Health) are legally required to report to the police any suspected sexual or physical assaults. This does not mean that YOU must talk to the police.

Survivors of sexual assault may:

1. Request academic assistance for missed classes or exams, or help with rearranging coursework.
2. Be moved if both you and the accused live in residential housing, or you may request that the accused be moved pending a campus conduct hearing.

Whether or not you report to the police, talk to someone who is knowledgeable and trained about sexual assault so that you can start the process of recovering.