Westmont | Student Handbook

Sexual Assault Policies and Procedures

Westmont is deeply concerned about any incidents of sexual assault. Anyone can be a victim of sexual assault or sexual misconduct — women, men and children. Perpetrators of sexual assault can be anyone: a stranger, someone you have known for a long time or someone you have just met. Statistics indicate that one in four women will be raped during their life and that often rape is perpetrated by an acquaintance. The student life office will work to provide a safe place for the victim of the sexual assault to work through the range of emotions and questions that arise after the assault. Victims will be encouraged to take advantage of referrals to professional counselors, community support groups and other personal avenues of emotional support.

Westmont insists that all members of its community shall be able to pursue their interests free from sexual assault and other forms of sexual harassment. This policy pertains to incidents of sexual assault between students or where the alleged perpetrator is a student. To report a violation of this policy when the alleged perpetrator is a student, follow the procedures outlined below. 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 Harassment Policy.

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.

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 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.

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:

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:

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
The individual is unconscious, asleep, or suffering from shock; or
The individual is under the age of eighteen and therefore legally unable to give consent; or
The individual has a known mental disorder or developmental or physical disability, and therefore legally unable to give consent.

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

College and Community Resources

The following resources are available to students and other members of the Westmont community for information and support concerning sexual assault and sexual misconduct:

Westmont Sexual Assault Crisis Response Team
The college’s Sexual Assault Crisis Response Team is available for referral and support services. Members of the team are trained to assist victims by providing information and discussing available resources and options (medical, legal, emotional, and academic), by making referrals and providing access to appropriate college and community services as needed, and providing on-going follow-up to the victim. Members of the Sexual Assault Crisis Response Team do not act as counselors.

The Sexual Assault Crisis Response Team assures confidentiality if contact is made via the two following team contact members listed below if they contact them and state, “I would like to make a confidential report of a sexual assault.”

The contact members are:

Angela D’Amour

Audrey Johnsen

The victim’s name and personal information will be kept confidential within the team unless written permission is received to release the information or unless one of the following exceptions exists:

Knowledge of suicidal or homicidal thoughts; or
Knowledge that child/elder abuse has occurred; or
Information release is court-ordered; or
There is an imminent threat to the safety of the victim, another student and/or a member of the college community.

If any of the above exists, the Sexual Assault Crisis Response Team coordinator will consult with appropriate staff regarding next steps.

Students who believe they have experienced a violation of the Sexual Assault Policy may choose to contact the Sexual Assault Crisis Response Team for assistance via the above contact people. When an individual contacts one of these individuals and states, “I would like to make a confidential report of a sexual assault,” no college discipline action will take place unless the individual chooses to move forward and make a formal report to the dean of students or director of human resources as described in the following section on Reporting. Any reports not initiated through a response team contact member with the stated wish of confidentiality will be considered formal reports and will initiate college action.

Campus Resources

Westmont Sexual Assault Crisis Response Team

Angela D’Amour

Audrey Johnsen

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

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

Vice President of Student Life and Dean of Students: 565-6028, Information about the discipline process & list of advisors, Kerrwood Hall, Second Floor

Associate Dean of Students: 565-6038, Information about the discipline process & list of advisors, Kerrwood Hall, Second Floor

Associate Dean for Residence Life: 565-6029, Information about the discipline process & list of advisors, Kerrwood Hall, Second Floor

Resident Director on Call: 565-7362, Emergency Response, Information, and referral resource

Public Safety Department: 565-6222, Emergency Response

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

Reporting

If a student believes a violation of the Sexual Assault Policy has occurred, there are several reporting options available. Students may contact the Sexual Assault Crisis Response Team for information about all available reporting options by contacting either of the designated team contact members (Audrey Johnsen, 565-7421 or Angela D’Amour 565-7089). When an individual contacts one of these contact members and states, “I would like to make a confidential report of a sexual assault,” no college discipline action will take place unless the individual chooses to move forward and make a formal report. Note: any reports not initiated through the response team contact members with the stated wish of confidentiality will be considered formal reports and will initiate college action.

To the College
Individuals are strongly encouraged to report alleged incidents of sexual assault to the college and the police. All reports of alleged violations of this policy received outside of the procedures described in the above paragraph will be investigated and appropriate disciplinary action will be taken regardless of whether a police report has been filed. The college will evaluate allegations of sexual assault and, when appropriate, will take disciplinary action in accordance with the student discipline 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.

To the Police
Individuals are strongly encouraged to report all incidents to the police; however, it is the individual’s decision whether or not to file a police report. If the individual wishes, the college will provide assistance in contacting the police and accompanying her/him to the hospital and/or police station. Individuals will have access to support and referral services on-campus regardless of whether or not she/he decides to report the incident to the police. Individuals are strongly encouraged to have both a medical exam to ensure their well-being AND a rape kit collected in order to gather forensic evidence.

Discipline Process

The discipline 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 discipline process section of the student handbook on page, 55). 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 disciplinary hearing regarding the allegation. The associate dean for residence life will meet with the complainant and the respondent separately to explain the student discipline 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 58). 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 conduct a disciplinary hearing. 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 conduct a disciplinary hearing, he or she will gather all relevant information and prepare the case to be heard by 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 Hearing.

Students are expected to participate in the student discipline process when they are called as a complainant, respondent, or witness to a hearing. Should a student fail to appear for a hearing when proper notification has been given or should the student fail to provide a statement during the discipline process, the hearing 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.

Truthfulness

One of the core values of the Westmont community is integrity and truth-telling. As such, all individuals participating in the student discipline process are expected to tell the full and complete truth in all disciplinary matters. In order to ensure this is possible, individuals participating in student discipline hearings 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 hearing process. Victims of sexual assault should not let fear of “getting in trouble” because of alcohol use keep them from reporting a sexual assault. A victim of sexual assault will not be subject to discipline sanctions for alcohol use where the sexual assault involves the victim’s consumption of alcohol in a manner that violates college policy. However, if there is a concern about a student’s safety and/or use of alcohol and other drugs, the college may recommend or require counseling or other educational resources to the affected student.

Confidentiality/Privacy

Every reasonable and appropriate effort will be taken by the SLC, student life office, and advisors to protect the privacy of all individuals involved in a student discipline proceeding, as well as the confidentiality of the details and content of the student discipline process, including, but not limited to the preliminary investigation, SLC hearing, appeal process, and except where permitted by college policy and consistent with applicable law, the sanctions imposed and on whom. However, the college cannot guarantee absolute confidentiality. Students involved in the student discipline 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 hearing after filing a complaint (cases reported just prior to the end of a semester may be delayed by the semester break period).
The right to an advisor of her or his choice, in consultation with the dean (or the dean’s designee) who will assist the individual through the student discipline process.
The right not to have his or her irrelevant past sexual history discussed during the hearing.
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 discipline 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 confidential assistance from the Sexual Assault Crisis Response Team, 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 discipline action.

Rights of the Individual Accused of Sexual Assault (Respondent)

The right to receive written notice of the charges.
The right to a timely hearing after being notified of the complaint (cases reported just prior to the end of a semester may be delayed by the semester break period).
The right to an advisor of her or his choice, in consultation with the dean (or the dean’s designee) who will assist the individual through the student discipline process.
The right to pursue his or her educational experience while the discipline 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 hearing.
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 hearing.
The right to confidentiality of the student discipline process to the extent possible (see above).
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.

Advisors

Both the complainant and the respondent involved in a disciplinary matter alleging a violation of this policy have the option of choosing — in consultation with the dean of students (or their designee) — a faculty or staff member as an advisor to accompany them through the process. The advisor may not be a student, parent, relative, an attorney, or representative of an attorney. Members of the SLC or individuals who will be serving as a witness in the case may not serve as an advisor. The advisor is not an advocate for the student in the proceedings and may not address the SLC or speak on behalf of the student. The advisor may speak with the student privately and in a manner that is not disruptive to the hearing or student discipline process. The respective student’s advisor may be present at any time at which the student they are advising is meeting with the SLC or other member of the college staff regarding the disciplinary matter and at which the student wishes for them to be present.

The advisor is obligated to maintain the confidentiality of the nature of the allegation(s), the content of the student discipline process, and the privacy of the complainant, respondent, and any witnesses known to the advisor.

A list of individuals who have volunteered to serve as advisors in sexual assault cases is available from the dean of students. Students are strongly encouraged to choose an advisor to assist them in the student discipline process. However, it is the student’s decision whether or not to use an advisor.

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 discipline process facilitator for all sexual assault cases and may be present during the hearing. 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 disciplinary hearing. 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 Hearing

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 advisor.
The chair will convene the SLC.
The chair will introduce the SLC members to the complainant and explain the process.
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.
The chair will invite the respondent into the hearing and will introduce the SLC members to the respondent and explain the process.
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.
Any witnesses will individually be asked to make a statement and respond to questions from the SLC.
All participants must be available for recall by the SLC for additional questioning until the chair excuses them.
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.
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.
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 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:

It is more likely than not that the alleged violation occurred and the respondent is responsible and impose sanctions, as appropriate; or
It is more likely than not that the alleged violation did not occur and the respondent is not responsible; or
There is not sufficient information available to make a determination.

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 which are 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 discipline process may be assessed to a student found responsible for violating the Sexual Assault Policy.

Appeal Process

This process applies to an appeal of sanctions received from a violation of this policy only. For appeal of sanctions received from a violation of other college policies, refer to the Sanctions section of Westmont's discipline process. Both the complainant and the respondent may participate in the appeal process in student discipline cases for violations of this policy.

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 five business days of the decision. In extremely unusual circumstances, students may request in writing to the provost for more than five 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).

Only one request for an appeal may be submitted by either the complainant and/or the respondent. An appeal must be in writing and consists of:

A completed Appeal Request form (available in the student life office or the office of the provost), and
A statement outlining and supporting the specific grounds on which the student is appealing.

An 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 hearing as it affects the student appealing.
New information that was not available or known to the student appealing at the time of the hearing 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 demonstrate unfairness when compared to similar infractions, after taking into consideration attitude, previous history, impact of the violation on the community and specific circumstances.

The appeal must address how the basis for the appeal was sufficient to alter the decision in the original proceeding. An appeal by the respondent will not result in increased sanctions. Instead the sanctions may be decreased, modified, or revoked. However, appeals by the complainant could result in increased sanctions.

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 five (5) business days of receipt of the appeal that an appeal has been filed and the ground(s) upon which the appeal has been made. Within five (5) business 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.

During the consideration of an appeal, sanctions imposed by the SLC will be temporarily set aside. Any interim sanctions deemed necessary by the dean of students may still be imposed during the appeal process.

The provost will consider the merits of an appeal on the basis of the information provided in the Appeal Request form, the student’s written statement, all the material or testimony previously presented, or a written summary of the previous proceedings. The provost may also meet with the student, any witnesses, and/or the original hearing body prior to making a decision regarding the appeal. The provost will review appeals to determine whether the original decision is supported by substantial evidence. The provost will communicate his or her decision on the student’s appeal in writing no later than seven days following receipt of the appeal. The provost’s decision will be in one of the two following forms:

Decision Upheld
Where there is substantial evidence to support the decision and the information presented in the student’s appeal does not merit a new decision, the provost will uphold the original decision. The provost’s decision on the appeal is final and no other office will accept or review appeals following the provost’s decision.

Decision Modified
Where the provost believes that the facts and/or the information presented in the student’s appeal warrant an outcome different than that of the original proceeding, he or she will render a new decision. This decision may include sanctions being decreased, modified, or revoked. The provost’s decision on the appeal is final and no other office will accept or review appeals following the provost’s decision.