1. INTRODUCTION
   1. The College is committed to providing a working environment that is free of all forms of sexually abusive, harassing or coercive conduct. This policy seeks to protect the rights of all members of the College community and to have all individuals treated with respect and dignity.
   2. Rape/sexual assault is a traumatizing event causing psychological and physical harm and can be among the most painful and upsetting events that can happen to a woman or a man. The College will not tolerate rape/sexual assault in any form. Campus rape/sexual assault is both a violation of Massachusetts Criminal Laws and a violation of the College code of conduct. A student or employee charged with rape/sexual assault can be prosecuted under the Massachusetts Criminal Laws. He/she may also be disciplined through the College. Even if the criminal justice authorities choose not to prosecute an alleged assailant, he/she may be subject to College disciplinary action including suspension or expulsion.
2. DEFINITIONS
   1. Rape (Nonconsensual Sexual Intercourse) - Entering into, engaging in, or continuing to engage in sexual intercourse, which involves an act of vaginal, oral, or anal penetration with another person when it occurs against that person's will or without that person's consent. Acquaintance rape (committed by a date, friend, or someone the victim knows casually) is defined the same as above and is the most prevalent form of rape on the college campus.
   2. Sexual Assault (Nonconsensual Sexual Touching) - Unwanted touching (not penetration), however slight, of an intimate part of another's body (breasts, buttocks, groin, or genitals) or removing another's clothing against that person's will or without that person's consent.
   3. Against A Person's Will - Physical or verbal force, coercion, intimidation, or threats inflicted upon another person whenever that person indicates verbal or non-verbal resistance, however slight.
   4. Consent - Clear indication, either through verbal or physical actions, that parties are willing and active participants in the sexual act. Such authorization must be free of force, threat, intimidation, or coercion, and must be given actively and knowingly in a state of mind that is conscious and rational and not compromised by alcohol or drug incapacitation. Entering into, engaging in, or continuing to engage in intercourse with a person who you know to be, or should reasonably know to be incapacitated is a violation of this policy.
3. PROCEDURES TO FOLLOW IF YOU ARE RAPED OR SEXUALLY ASSAULTED
   1. Go to a safe place as soon as you can. Contact someone you trust, a close friend, family member, staff member or a resident assistant, to be with you and support you.
   2. Report the incident to Public Safety by calling 911. Public Safety will coordinate the notification to Local or State Police. Public Safety can also be contacted (non-emergency at x5262)
   3. It is important to preserve all physical evidence since this may be necessary in the proof of a criminal sexual assault. If possible, do not wash, eat, drink, douche, clean, use the bathroom, or change clothes. If you do change clothes, put all clothing you were wearing at the time of the attack into an unused or a clean paper bag.
   4. Get medical attention as soon as possible. A medical examination can provide any necessary treatment and collect important evidence. Injuries may not be immediately apparent. Health Services and Public Safety personnel can assist in transporting you to the hospital.
4. PROTOCOL TO BE USED BY COLLEGE STAFF FOLLOWING A REPORT OF A RAPE OR SEXUAL ASSAULT
   1. Offer immediate medical and emotional care for the victim's well-being and for the documentation and collection of physical evidence of the assault.
   2. Encourage the victim to speak with College Public Safety Officers and the Massachusetts State Police. Third party reports may be filed with College Public Safety and the Massachusetts State Police.
   3. Based on the immediate needs of the victim, report the incident to appropriate College personnel:
      1. Vice President of Student Affairs
      2. Director of Public Safety
      3. Director of Counseling Center
      4. Director of Health Services
      5. Director of Equal Employment/Affirmative Action
      6. Director of Residential Life
   4. If necessary, the Vice President for Student Affairs may conduct an immediate emergency administrative hearing process.
   5. If necessary, modify on-campus living arrangements if the victim is in fear of his/her safety.
   6. In order to protect the confidentiality of the victim, all requests for information from concerned students, parents and press will be referred to the College Public Affairs Office.
   7. If necessary, notification will be made by the Director of Public Safety to the College community to protect the safety of others. This notification will not include any identifying information regarding the victim.
   8. Within a reasonable time, the Director of Public Safety or his/her designee and the Vice President for Student Affairs or his/her designee will inform the victim of the existence of the following options:
      1. criminal prosecution,
      2. civil prosecution,
      3. prosecution through the College disciplinary process,
      4. alternative options including structured resolution agreements,
      5. college-issued protective order and/or court issued restraining order,
      6. counseling and support services both on and off campus, and
      7. opportunities for and assistance with a change in academic and living situations.
5. COLLEGE DISCIPLINARY ACTION
   1. In addition to Massachusetts criminal procedures, if there is sufficient evidence to prove that a rape or sexual assault has occurred, the College will prosecute the accused through standard College procedures outlined in the Westfield State College Student Handbook or through appropriate bargaining unit agreements.
   2. Students charged through the campus disciplinary system will be afforded the rights prescribed by the College conduct code, including the following:
      1. the right to reasonable notice, in writing, of the charges against him/her, the particular standard of conduct or regulation which the student has allegedly violated and the basic facts, including dates and times on which the charges are based;
      2. the right to review substantive evidence to be used against him/her;
      3. the right to a hearing before either the Student Conduct Board or an Administrative Hearing Officer;
      4. the right to have a person or persons of his/her choice accompany him/her throughout the disciplinary proceedings. (This person may also advise and counsel, but may not represent the student to the Student Conduct Board or Administrative Hearing Officer, or enter into direct questioning.)
      5. the right to question witnesses against him/her and to present witnesses on his/her behalf;
      6. the right to be informed of the outcome of the hearing;
      7. the right to appeal to the College Appeals Board/College President; and
      8. the right to be treated with respect and dignity.
   3. Victim(s) of a rape or sexual assault will be afforded rights not limited to the following:
      1. a.the right to choose any and all options as outlined in Section D, No. 8 of this policy.
      2. b.In the event that he/she elects to pursue the matter through College disciplinary procedures, the following rights shall be afforded:
         1. the right to have a person or persons of his/her choice accompany him/her throughout the disciplinary proceedings;
         2. the right to be present during the entire disciplinary proceeding;
         3. the right, as established in Massachusetts Law, not to have his/her personal sexual history discussed during the hearing;
         4. the right to make a “victim impact statement” if the accused is found in violation of the College conduct code; and
         5. The right to be notified of the outcome of any disciplinary proceedings pursuant to the Campus Security Act, Sexual Assault Bill of Rights (April 29, 1994). Such disclosure constitutes part of the accused's educational record and may not be redisclosed to anyone without the signed written consent of the accused.
      3. The right to be treated with dignity and respect.
6. SANCTIONS
   1. Any student found responsible of a charge of rape/sexual assault would face sanctions ranging from suspension from housing through suspension or expulsion from the College.
   2. The College reserves the right to broaden or lessen any range of consequences or recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior.
7. CAMPUS EDUCATION/PREVENTION PROGRAMS
   1. The College will provide information about acquaintance rape and other kinds of sexual assault during student and employee orientation meetings.
   2. The College will sponsor periodic workshops designed to educate students in regard to sexual assault, including rape and acquaintance rape.
   3. The College will distribute the information including the College Rape/Sexual Assault Policy which defines rape/sexual assault and provides options and services available to victims.
   4. The College will provide special educational and training programs about sexual assault for professional and paraprofessional staff who must be prepared to respond in an appropriate and sensitive way to victims.
   5. The College will use the campus media, such as the newspaper, radio and television to heighten awareness of campus rape/sexual assault and its prevention.
   6. The College will provide educational information about the involvement of alcohol and other drugs in acquaintance rapes and other sexual assaults.
   7. The College will encourage its faculty to introduce information about sexual assault through reading and discussion in relevant classes.

ON-AND OFF-CAMPUS RESOURCES/CONTACTS

Medical Treatment

Student Health Services, Scanlon Hall - x5415

Noble Hospital Emergency Room (24 Hours) - 568-2811

Baystate Hospital Emergency/Sexual Assault Nurse Examiner - 784-3233

College Police and Other Police Information

College Public Safety Office - x5262 Emergency # - 911

Westfield Police Department - 9-911 (Emergency)

Massachusetts State Police - 572-1454 (District Attorney)

Counseling and Emotional Support

Counseling Services, Lammers Hall Annex - x5790

ARCH (Springfield, MA) - 733-7100

Westfield YWCA/New Beginnings - 1-800-479-6245

Every Women's Center (Amherst)
Counseling Advocate Program - 545-5834
Resource and Referral - 545-0883 (24 Hour Hotline) - 545-0800 Massachusetts Department of Public Health, Sexual Assault Prevention Services, www.mass.gov/dph.fch/sapps, www.janedoe.org

College Offices

Vice President of Student Affairs - x5414

Director, Student Affairs/Student Conduct - x5403

Director of Residential Life - x5402

Director of Human Resources - x5211

Director of Equal Opportunity - x5216