Shippensburg University Policy on Sexual Assault and Rape
Excerpt from the 2012-2013 Swataney, Student Handbook.
For the official and most up-to-date version of the Swataney, please visit http://ssi.ship.edu/Senate/Swataney/.
Swataney Policy on sexual assault
3.8** No person shall engage in, or attempt to engage in, a sexual assault. Sexual assault is the imposition of non-consensual sexual conduct (excluding rape). It includes, but is not limited to caressing, fondling, or touching a person's genitalia, buttocks, or breasts. It shall also be considered sexual assault when the victim is compelled to caress, fondle, or touch the assailant's genitalia, buttocks, or breasts.
Swataney Policy on Rape
3.9** No person shall commit, or attempt to commit, a rape. Rape (date, acquaintance, and stranger) includes all acts of non-consensual sexual intercourse involving any penetration of a bodily cavity with a foreign object, tongue, digit, or genitalia. A rape occurs when imposed under any of the following circumstances:
- When the complainant is incapable of giving legal consent for mental, developmental, or physical reasons and this fact is known or reasonably should have been known by the person committing the act;
- When the act is committed without the person's explicit consent or is against the person's wishes. Rape incorporates any or all of the following: the use of force, threat, intimidation, coercion, duress, violence, or by causing a reasonable fear of harm; Swataney/103
- When the complainant is prevented from consenting or resisting because of intoxication or unconsciousness at the time of the act.
** Use of intoxicating substances shall not be viewed as justification for the commission of rape or sexual assault.
** Consent means explicit cooperation, both verbally and behaviorally. It must be voluntary and with full knowledge concerning the nature of the interaction/encounter. Previous sexual interactions shall not be considered implied consent. Silence or passivity shall not constitute consent.
Statement on Sexual Assault
Rape and sexual assault are acts of violence that exploit, violate, and victimize people. As such there is no tolerance for these behaviors at Shippensburg University. When an act of rape or sexual assault occurs victims are encouraged to report the incident as soon as possible in order to receive the proper services and support and to learn about various options available to them.
It is important to understand that any sexual interactions between people must be voluntary and based on clear and mutual consent. Consent is defined as the demonstration of explicit cooperation, both verbally and behaviorally. Previous sexual interactions shall not be considered implied consent. The use of force, threats, intimidation, violence, or coercion, and/or a victim remaining silent or passive shall not be viewed as consent. The use of intoxicating substances or a victim's use of intoxicants shall not be viewed as a justification or excuse.
The Etter Health Center on campus provides immediate help for victims of sexual assault. The Chambersburg Hospital provides medical examinations and will collect evidence which may be needed for proof of criminal sexual assault. A victim of sexual assault may be accompanied by an advocate and both W.I.N./Victim Help Services in Chambersburg and REACT (Rape Educators and Contacts) on campus will provide advocates if requested. Counseling services are available at the SU Counseling Center on campus and at W.I.N./Victim Help Services in Chambersburg. Whether occurring on or off campus, a sexual assault can be prosecuted through the criminal justice system and/or the University Judicial System. The complainant may pursue one or both processes.
Reports to the criminal justice system can be filed through the Shippensburg University Department of Public Safety (University Police) or the police department having jurisdiction where the assault occurred. Specific details about filing a complaint with the University and utilizing the judicial process can be found in the SU Code of Conduct and Judicial Process section of the student handbook, the Swataney.
Further information can be obtained by contacting the Director of the Women's Center, the Dean of Students, the SU Chief of Police, or the University Counseling Center. Sanctions that can be imposed as a result of a judicial hearing are listed in the Student Code of Conduct in the student handbook and are available from the office of the Dean of Students.
Sexual Harassment Policy
In accordance with Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act and the Pennsylvania Human Relations Act, it shall be the policy of Shippensburg University to prohibit harassment of employees or students on the basis of sex. This policy is related to and is in conformity with the equal employment opportunity policy of the University to recruit, employ, retain and promote employees without regard to sex, disability, age, race, color, religion, or national origin. Prompt investigation of allegations will be made on a confidential basis to ascertain the veracity of complaints and appropriate corrective action will be taken under the Grievance Procedures.