Sexual Assault Policies and Procedures

Our Commitment
Westmont is committed to maintaining an environment in which members of its community and its guests may pursue their interests free from sexual assault and other forms of sexual harassment.

Westmont is committed to effectively investigating all complaints made under this policy and taking remedial and/or disciplinary action where appropriate in as expeditious a manner as possible. Westmont is deeply concerned about any incidents of sexual assault and strongly encourages the prompt reporting of all allegations of sexual assault to the college and to law enforcement officials. The college will not tolerate retaliation against any individual for making a complaint under this policy.

Individuals Covered Under This Policy
This policy and the procedures that follow apply to incidents of sexual assault between students or when the alleged perpetrator is a student. To report a violation of this policy when the alleged perpetrator is a faculty or staff member, contact the director of human resources at 805-565-6101. For information regarding reporting other forms of sexual harassment see the college's Policy on Unlawful Harassment.

Deciding to Make a Complaint
The college encourages victims of sexual assault to make a complaint to the college and law enforcement officials as soon as possible. Prompt action under this policy allows for individuals to receive the immediate medical care that may be necessary to protect their health and/or preserve forensic information with sexual-assault-evidence-collection kit (also known as a rape kit). Prompt action also allows the college and/or law enforcement to provide individuals with reasonable and necessary protection from any further harm.

Deciding to make a complaint of sexual assault to the college and/or filing a complaint with law enforcement officials can be difficult. You do have options, and you do not have to make this decision alone. You can contact counselors at the Westmont College Counseling Center or the Santa Barbara Rape Crisis Center. Counselors with either of these resources will help you think through your options and the information you share with them will not be disclosed to others without your consent. You will find contact information for these resources and others later in this policy.

The College's Duty to Investigate
Whether or not you decide to make a complaint to the college yourself, you should know that the college does have a duty to investigate allegations of sexual assault and sharing information about a sexual assault with any of the following college officials will result in an investigation and a possible student conduct meeting in accordance with the procedures that follow this policy:

  • Resident directors
  • Student life deans
  • Faculty department chairs
  • College employee supervisors
  • Vice presidents
  • The college Title IX officer

Confidentiality and Privacy
Westmont will maintain confidentiality throughout and beyond its investigation of all complaints received under this policy. Information received in connection with a sexual assault complaint is private and will only be shared with those who need to know the information in order to investigate allegations, impose appropriate disciplinary sanctions and/or take necessary corrective actions to protect individuals and the community from further harm. In no case will the college violate the privacy rights afforded to students or others under relevant state and federal laws.

Counseling and Support
Whether or not a victim decides to submit a complaint of sexual assault to the college for investigation and discipline under this policy, the college is committed to providing a safe place to work through the range of emotions and questions that can arise in the event of a sexual assault. The college encourages individuals to take advantage of personal avenues of emotional support as well as one or more of the following resources:

Campus Resources

Counseling Center, 565-6003, Information and resource referral, Lower Campus

Campus Pastor's Office, 565-6170, Pastoral support and counseling, Kerr Student Center, Second Floor

*Health Center, 565-6164, Medical and information resource, Lower Campus

*Vice President of Student Life and Dean of Students, 565-6028, Information about the student conduct process and list of advisers, Kerrwood Hall, Second Floor

*Associate Dean of Students, 565-6038, Information about the student conduct process and list of advisers, Kerrwood Hall, Second Floor

*Associate Dean for Residence Life, 565-6029, Information about the student conduct process and list of advisers, Kerrwood Hall, Second Floor

*Resident Director on Call, 565-7362, Emergency Response, information and referral resource

*Public Safety Department, 565-6222, Emergency Response

*Note: a campus resource with an asterisk appearing next to it indicates that the individual in the position has a duty to report the incident for investigation by the college under his policy and/or, in certain circumstances, to law enforcement officials.

Community Resources

Santa Barbara Rape Crisis Center Hotline, (805) 564-3696, 24-Hour Hotline

Santa Barbara Rape Crisis Center, 963-6832, 433 E. Canon Perdido Street, sbrapecrisiscenter.org

Cottage Hospital Trauma Center, 569-7451, Pueblo at Bath Street, Medical assistance and evidence collection

Definitions of Prohibited Behaviors

Sexual Assault (Category I) is defined as engaging in sexual intercourse with any person without that person’s consent. Sexual intercourse is the penetration, however slight, of the vagina or anus with any object or body part and of the mouth with a sexual body part or sexual object. Students found responsible for having committed a sexual assault (category I) will be suspended for a minimum of one (1) semester and will be subject to the full range of disciplinary sanctions, up to and including expulsion from the college.

Sexual Assault (Category II) is defined as the act of making sexual contact with the intimate body part of another person without that person’s consent. Intimate body parts include the sexual organs, the anus, the groin or buttocks of any person, or the breasts of a female. Students found responsible for having committed a sexual assault (category II) will be subject to the full range of disciplinary sanctions, up to and including expulsion from the college.

Consent is defined as unambiguous and willing participation or cooperation in an act or as an attitude that is commonly understood to be consistent with the exercise of free will. Consent requires participants who are fully conscious, are equally free to act, have clearly communicated their willingness, cooperation, or permission to participate in a specific sexual activity, are positive and clear in their desires, and are able to cease ongoing consensual activity at any time. Refusal to consent does not have to be verbal; it can be expressed with gestures, body language or attitude. A prior sexual history between the complainant and respondent does not constitute consent. Consent is not freely given if one of the following applies:

  1. A reasonable person in the position of the alleged perpetrator at the time the alleged conduct occurred should have known* that the other person was unable to give consent for any of the following reasons:
    1. The individual is unable to make an informed decision as a result of alcohol or other drugs (including but not limited to predatory drugs or prescribed medications); or
    2. The individual is unconscious, asleep, or suffering from shock; or
    3. The individual is under the age of 18 and therefore legally unable to give consent; or
    4. The individual has a known mental disorder or developmental or physical disability and therefore legally unable to give consent.

    * It is important to note that in the Westmont disciplinary process, use of alcohol does not diminish personal responsibility or act as a mitigating factor in disciplinary sanctions should a violation be found to have occurred.

  2. The individual has acted or spoken in a manner which expresses he or she refuses to give consent.
  3. It is obtained through the use of force or through the fear of or the threat of force.

The college will evaluate allegations of sexual assault and, when appropriate, will take disciplinary action in accordance with the student conduct process set forth in this policy. All complaints must be made within: (a) one year of the date of the incident and (b) prior to the actual physical receipt by the respondent of the terminal degree from the college. Reports can be made directly to the Student Life office. If the alleged perpetrator is an employee, reports should be made directly to the director of human resources.

Sexual Assault Student Conduct Process

The student conduct process described here applies to alleged violations of this policy (for all other alleged violations of the Community Life Statement or other college policy, refer to the conduct process section of the Student Handbook on page 77). Upon receipt of a report or complaint whether oral or written of an alleged violation, the associate dean for residence life (which, for all purposes described in this section, includes his or her designee) will begin a preliminary investigation and determine if there is enough information to merit a conduct meeting regarding the allegation. The associate dean for residence life will meet with the complainant and the respondent separately to explain the student conduct process and obtain from each a written statement and list of witnesses, if any, who have information pertinent to the incident.

A preliminary investigation by the associate dean for residence life (or his or her designee) will determine whether interim sanctions should be invoked (see the Westmont College Student Handbook at page 80). Essentially, this process immediately removes from campus any person deemed an immediate threat or danger to any member of the campus community.

After a prompt, full and effective investigation of the allegation, a determination will be made by the associate dean for residence life whether or not enough evidence exists to hold a conduct meeting. If the complaint is rejected for disciplinary action through the college disciplinary process, it is not necessarily or even usually based on the accuracy of the charges but rather on the strength of the evidence available. In other words, if a case does not result in disciplinary action against the respondent, it does not mean there is not a victim or there was no sexual assault.

If the associate dean for residence life determines that enough evidence exists to hold a conduct meeting, he or she will forward all relevant information to the student life committee (SLC). The complainant and respondent will generally be given at least twenty-four (24) hour advance notice of the scheduled meeting time for the SLC Conduct Meeting.

Students are expected to participate in the student conduct process when they are called as a complainant, respondent or witness to a meeting. Should a student fail to appear for a meeting when proper notification has been given or should the student fail to provide a statement during the conduct process, the meeting will proceed without benefit of that student’s input. Meetings with the SLC will be scheduled taking into consideration the student’s regular academic schedule only.

Witness Truthfulness

One of the core values of the Westmont community is integrity and truth-telling. As such, all individuals participating in the student conduct process are expected to tell the full and complete truth in all disciplinary matters. In order to ensure this is possible, individuals participating in a student conduct meeting regarding an alleged violation of the Sexual Assault Policy should expect the student life committee to exercise discernment and discretion regarding how to appropriately respond to other violations of the Community Life Statement or college policy that may arise in the conduct meeting process.

Confidentiality/Privacy

Every reasonable and appropriate effort will be taken by the SLC, Student Life office and advisers to protect the privacy of all individuals involved in a student conduct meeting. The college will maintain confidentiality regarding the details and content of the student conduct process including, but not limited to, the preliminary investigation, SLC conduct meeting and appeal process. The college will not share information about this process unless it is necessary for the investigation and resolution of a complaint made under this policy. In no case will the college violate privacy rights afforded to students and other individuals under federal and state law. Students involved in the student conduct process either directly or as a witness are expected to maintain the confidentiality of the process and be mindful of the privacy of others involved.

Rights of the Individual Alleging the Violation (Complainant)

  • The right to make a complaint which will initiate the student discipline process.
  • The right to a timely student conduct meeting after filing a complaint (cases reported just prior to the end of a semester may be delayed by the semester break).
  • The right to an adviser of her or his choice in consultation with the dean (or the dean’s designee), who will assist the individual through the student conduct process.
  • The right not to have his or her irrelevant past sexual history discussed during the student conduct meeting.
  • The right to confront opposing evidence.
  • The right to provide witnesses and evidence pertaining to the case.
  • The right to be informed as soon as possible of the outcome of the hearing.
  • The right to confidentiality of the student discipline process to the extent possible (see above).
  • The right to request academic schedule adjustments or other academic assistance for missed classes or exams or help with rearranging coursework.
  • The right to request a change of on-campus residence if both you and the accused live in residential housing, or you may request that the accused be moved pending a student life committee hearing.
  • The right to request an on-campus, no-contact order for the respondent as an interim measure through the student conduct process.
  • The right to on-campus emergency counseling sessions with a member of the Counseling Center staff.
  • The right to seek off-campus medical and counseling services.
  • The right to seek assistance from a member of the Counseling Center staff in a client relationship or the campus pastor in a confessor relationship.
  • The right to file a police report and take legal action separate from and/or in addition to student conduct process.
  • The right to have legal counsel present. In no case may counsel speak or take an advocacy role during the proceedings.
  • The right to not be subject to student conduct sanctions for alcohol or drug use where the sexual assault involves consumption of alcohol or drugs in a manner that violates college policy.

Rights of the Individual Accused of Sexual Assault (Respondent)

  • The right to receive written notice of the charges.
  • The right to a timely student conduct meeting after being notified of the complaint (cases reported just prior to the end of a semester may be delayed by the semester break).
  • The right to an adviser of her or his choice in consultation with the dean (or the dean’s designee) who will assist the individual through the student conduct process.
  • The right to pursue his or her educational experience while the student conduct process is still pending free from harassment by the complainant or individuals connected to the complainant. Anyone who feels they have been inappropriately contacted by the complainant or individuals connected to the complainant should immediately contact the dean of students.
  • The right not to have his or her irrelevant past sexual history discussed during the student conduct meeting.
  • The right to not be required to give incriminating evidence (the college may make negative inferences from the accused student’s decision to not give testimony).
  • The right to confront opposing evidence.
  • The right to provide witnesses and evidence pertaining to the case.
  • The right to be informed as soon as possible of the outcome of the student conduct meeting.
  • The right to confidentiality of the student conduct process.
  • The right to on-campus emergency counseling sessions with a member of the Counseling Center staff. The right to seek confidential assistance from a member of the Counseling Center staff in a client relationship or the campus pastor in a confessor relationship.
  • The right to seek outside counseling support.
  • The right to have legal counsel present. In no case may counsel speak or take an advocacy role during the proceedings.
  • The right to not be subject to student conduct sanctions for alcohol or drug use where the sexual assault involves consumption of alcohol or drugs in a manner that violates college policy.

Support and Legal Counsel

Support

Students are strongly encouraged but not required to choose—upon approval of the associate dean for residence life—a faculty or staff member to support them during proceedings under this policy. The faculty or staff member chosen may be present at any time during the proceedings but is not an advocate for the student in the proceedings and may not address the SLC or speak on behalf of the student. The faculty or staff member chosen may speak with the student privately and in a manner that is not disruptive.

Legal Counsel

Both the accused and the accuser also have the right to have legal counsel present. However, in no case may counsel speak or take an advocacy role during the proceedings.

Any faculty or staff member or legal adviser participating in the proceedings under this policy is obligated to maintain the confidentiality of the nature of the allegation(s), the content of the student conduct process, and the privacy of the complainant, respondent and any witnesses.

Student Life Committee Hearing

The student life committee (SLC) is comprised of faculty, staff and students who have been trained to hear sexual assault cases. The committee includes the dean of students, an associate provost, three faculty members, two student life members and two students. At least two faculty members (which could include the associate provost), two student life members, and one student must be present to convene the committee. The associate dean for residence life serves as the student conduct process facilitator for all sexual assault cases and may be present during the meeting. The facilitator’s role is to assist the chair and to ensure compliance with the process and procedures outlined below.

It is expected that SLC members will exhibit the highest ethical standards and disqualify themselves if they believe they cannot be impartial or fulfill their obligation to maintain the confidentiality of the process and the dignity and privacy of the respondent, the complainant and any witnesses before, during and after the conduct meeting. Both the respondent and complainant may raise issues of concern about the impartiality of a member of the SLC convened for a particular case. The dean of students has the sole discretion to decide whether a SLC member can be impartial and will remove anyone whom he/she determines is unable to be impartial and/or respectful of the confidentiality of the process and privacy of the individuals involved.

Outline of Conduct Meeting

  1. SLC proceedings are closed to all parties except the individual student(s), the SLC members, the associate dean for residence life or designee, witnesses and the respective student’s adviser.
  2. The chair will convene the SLC.
  3. The chair will introduce the SLC members to the complainant and explain the process.
  4. The complainant will be asked to make a statement and respond to questions from the SLC members. The complainant will be excused until recalled for further questions and/or a final statement.
  5. The chair will invite the respondent into the hearing and will introduce the SLC members to the respondent and explain the process.
  6. The respondent will be asked to make a statement and answer questions from the SLC members. The respondent will be excused until recalled for further questions and/or a final statement.
  7. Any witnesses will individually be asked to make a statement and respond to questions from the SLC.
  8. All participants must be available for recall by the SLC for additional questioning until the chair excuses them.
  9. The chair will give members of the committee the opportunity to ask the respondent any follow-up questions, and will give the respondent an opportunity to make a final statement to the SLC. The respondent is then excused from the proceedings.
  10. The chair will give members of the committee the opportunity to ask the complainant any follow-up questions, and will give the complainant an opportunity to make a final statement to the SLC. The complainant is then excused from the proceedings.
  11. The SLC will deliberate in private, and, weighing all of the evidence, the SLC must determine whether it is more likely than not that a sexual assault occurred. This level of proof is commonly referred to as a “preponderance of the evidence.” This level is a lesser level than that used in the criminal justice system, which requires that a case be established “beyond a reasonable doubt.” The SLC will determine one of the following appropriate findings by majority vote:
    1. It is more likely than not that the alleged violation occurred, and the respondent is responsible; the SLC will impose sanctions, as appropriate; or
    2. It is more likely than not that the alleged violation did not occur and the respondent is not responsible; or
    3. There is not sufficient information available to make a determination.
      Note: In the event of a finding of (b) or (c) is reached by the committee, the finding is not necessarily based on the accuracy of the charges but rather on the strength of the evidence available.
  12. The chair of the SLC and the dean of students will communicate the finding of the SLC to the respondent and the complainant in writing generally within seven (7) business days. Unavoidable delay in providing notice of outcome shall not constitute an appealable procedural error.

Sanctions

The college has established the minimum sanctions for violations of the Sexual Assault Policy found in the Definitions of Prohibited Behaviors section of this policy. More severe sanctions may be imposed by the SLC depending on the circumstances of a particular case. Any one or more of the sanctions found in the sanctions section of the Student Conduct Process may be assessed to a student found responsible for violating the Sexual Assault Policy.

Appeals

This process applies to an appeal of sanctions received from a violation of the Sexual Assault policy only. For appeal of sanctions received from a violation of other college policies, refer to the Appeals section of the Student Conduct Process. Both the complainant and the respondent may seek review of a decision in a sexual assault case by making an appeal. Appeals must be in writing and submitted to the Provost’s office during regular business hours (Monday through Friday, 8 a.m. to 5 p.m.) within three calendar days of the decision. If the third day falls on a non-business day, submit appeals via email to provost@westmont.edu. In extremely unusual circumstances, students may request in writing to the provost after more than three days to appeal a decision. Such requests are rarely granted, and the decision to grant or deny an extension is within the sole discretion of the provost (which, for all purposes described in this section, includes his or her designee).

If an appeal is received from either the complainant or the respondent, the associate dean for residence life will notify, in writing, the non-appealing student within two business days of receipt of the appeal that an appeal has been filed.

Only one request for an appeal may be submitted by either the complainant and/or the respondent.

Appeal Criteria

An appeal must be in writing and consist of:

  1. A completed Appeal Request form (available in the Student Life office or the Office of the Provost), and
  2. A statement outlining and supporting the specific grounds on which the student is appealing.

The appeal is not a re¬hearing of the original case and the role of the provost is not to substitute his or her own judgment for the judgment of the Student Life Committee. The role of the provost is to determine whether a new decision is warranted due to a procedural error, the availability of new information or the imposition of excessive sanctions. Therefore, a student’s appeal must be based on one or more of the following grounds:

  • A process or procedural error was made that was significantly prejudicial to the outcome of the student conduct meeting as it affects the student appealing.
  • New information that was not available or known to the student appealing at the time of the student conduct meeting has arisen which, when considered, may materially alter the outcome. Note: Information that the appealing student chose not to present at the time of the hearing is not considered new information.
  • The sanctions imposed are so unfair — considering the nature of the violation, student attitude, previous history, impact of the student's behavior on the community and other specific circumstances — that they demonstrate an abuse of discretion by the student conduct officer or review body.

It is not enough to simply assert one of the grounds for appeal. The written statement accompanying the appeal form must provide information that supports grounds upon which the student bases the appeal. For example: If the student asserts that a procedural error occurred; he or she must name the procedure with specificity and explain how the error affected the decision made.

During the appeal process, the dean of students may choose to set aside sanctions as appropriate.

Review of Appeal

The provost will grant or deny review of decisions rendered in student conduct meetings based on the student’s written appeal. The decision to grant or deny review of the original decision will be made within 2 business days following receipt of appeal.

  1. Review Denied: Provost will not review an original decision based on an appeal that fails to meet the criteria outlined above. In such cases, the appeal officer will make no inquiry beyond the written material submitted and the original decision and any sanctions imposed will stand.
  2. Review Granted: If the student’s written appeal satisfies the appeal criteria, the provost will consider material and/or testimony previously presented or a written summary of the previous proceedings. The appeal officer may also meet with the student, any witnesses and/or the original decision makers prior to making a decision regarding the appeal.

If the provost grants a review of the appeal, the associate dean for residence life will communicate to the non-appealing student this decision and provide the non-appealing student an opportunity to view a copy of the appeal. Within three calendar days of such notification, the non-appealing student may submit a written statement to the provost that he/she wishes to be considered by the provost.

Decision on Appeal

Following a prompt and effective review, the provost will communicate his or her decision on the student’s appeal no later than seven business days following the decision to grant a review of the original decision. The decision will be communicated in writing to both the appealing and non-appealing student. The provost’s decision will be in one of the two following forms:

  1. Original Decision Upheld: Where review of the original decision does not demonstrate a different decision is warranted, the provost will uphold the original decision.
  2. Original Decision Modified: Where review of the original decision demonstrates support for the appeal and a different decision is warranted, the provost will modify the original decision. This decision may include sanctions being decreased, modified, or revoked. In no case will sanctions be increased.

The provost's decision on the appeal is final, and no other office will accept or review appeals following the provost's decision.

Timely Reporting of Campus Threats and Emergencies

  1. Purpose: In accordance with federal law and in order to protect members of the campus community, the college establishes the following policy for the timely reporting of criminal offenses and other emergencies or dangerous situations that pose a threat to the campus community.
  2. Policy: Upon confirmation of a reportable criminal offense (For purposes of this policy a reportable criminal offense includes crimes as described in The Clery Act at 20 U.S.C. § 1092(f)(1)F(i)) or other emergency considered to be a threat to health or safety, the college will immediately notify foreseeably affected members of the campus community (unless to do so will further jeopardize their health or safety).
  3. Procedures: Upon receipt of information that a reportable offense has occurred and has been reported to Public Safety and/or local law enforcement, the college will take the following actions:
    1. A member of the Situation Readiness and Response Team (SRT), Executive Team or Public Safety staff will determine whether the reportable offense or emergency amounts to an actual threat to the health and safety of the campus community.
    2. Upon the confirmation of an actual threat the SRT, Executive Team, or one of its members, will determine the appropriate notice to the campus community; this report will:
      • describe the nature of the threat;
      • provide instructions and/or recommendations on actions to take in light of the nature of the threat; and
      • include information on evacuation procedures if the threat requires such action.
    3. The SRT will communicate the timely report to the campus community through any means appropriate, including one or more of the following ways:
      • email and phone alert via IRIS
      • campus-wide voice mail
      • posted warnings