ucsc policies

UCSC Policy on Sexual Assault and UC Policy on Sexual Harassment

appendix a: glossary
Acquaintance Rape. This is the most prevalent form of rape on college campuses. The acquaintance may be a date or boyfriend of the target, or someone the target knows only casually, from her/his residence on campus, a class, or through mutual friends. Regardless of the relationship between them, if one person uses any of the seven circumstances listed under the definition of rape (see below), to force or coerce sexual intercourse with another, it is rape. The same criminal laws and penalties apply in cases of acquaintance rape as in cases of stranger rape.

Blue Light Telephones. Emergency Blue Light Telephones are available throughout the campus (see Appendix C for list). These telephones connect directly with a police dispatcher in a similar manner as dialing 9-1-1.

Charges Committee. A standing Administrative Committee, composed of at least three Senate faculty members, and appointed by the Executive Vice Chancellor. The committee conducts investigations regarding complaints made against members of the faculty, charging violation of the Faculty Code of Conduct, sufficient to warrant a recommendation for disciplinary action.

Complaint of Sexual Harassment. (see Sexual Harassment Complaint)

Consent. Positive cooperation in the act or attitude pursuant to an exercise of free will. A current or previous dating relationship shall not be sufficient to constitute consent.

Counseling and Psychological Services. Counseling and Psychological Services offers confidential short-term and crisis counseling to all members of the campus community on an emergency basis, or by appointment. Psychiatric referrals are also available.

Cunnilingus. Act, practice, or technique of orally stimulating the female genitalia.

Date Rape. (see Acquaintance Rape)

Disciplinary Process. The process and procedures which precede corrective action, discipline, or sanctions to be taken against a student, staff or member of the faculty. There are separate procedures for students, staff (by personnel program and those exclusively represented by a union), and faculty (senate, non-senate, and those exclusively represented by a union).

Due Process. As with other university policies and procedures, the Sex Offense Policy and the procedures for reporting sexual assault(s) and sexual harassment incorporate due process protections provided by the State and Federal constitutions. The essence of due process protection is twofold: the accused's right to notice of the action to be taken and the basis for the action, and the right to respond. Accordingly, if the University intends to take adverse action against an individual, based on allegations of sexual harassment, sexual assault, or rape, the individual has a right to understand the nature of the allegations, including who brought them, and the right to respond to those allegations. This right to notice and to respond are incorporated into the Rule Book and various university policies related to discipline and corrective action.

Emergency Blue Light Telephones. (see Appendix C for list)

Fact-finding investigation. Refers to process used by Title IX/SHO to investigate complaints of sexual harassment and reports of sexual assault.

Fellatio. Oral stimulation of the penis.

Findings. Refers to the report of the Title IX/SHO resulting from an administrative investigation when there has been an allegation of sexual harassment or when an administrative review of an alleged sexual assault or rape has been requested by a complainant.

Grievances. Separate grievance procedures exist for students, staff, and faculty. These grievance procedures can be used: 1) by a staff or faculty complainant as an alternative to the Procedures for Reporting Sexual Harassment, Sexual Assaults, or rape; or 2) by the accused to appeal corrective action or disciplinary actions taken against him/her.

Hostile environment harassment. Behaviors that may contribute to a hostile environment include, but are not limited to, verbal, non-verbal, and physical sexual behaviors; coerced sex; sexual jokes and innuendoes; remarks about a person's body; turning discussions inappropriately to sexual topics; whistling or cat calls; looking a person up and down or staring in a sexually suggestive manner; invading someone's personal space or blocking her/his path; sexually explicit visuals such as pin-ups; suggestions of sexual intimacy; repeated requests for dates; unwanted letters, electronic mail or other computer communications; unwanted gifts; touching, hugging, massaging, and other gestures or sounds that a reasonable person of the same sex as the recipient would find offensive. It is important to be aware that in many instances, the intentions of the accused may be regarded as irrelevant in determining whether her/his behaviors constitute sexual harassment; it is the effect of the behavior upon the recipient that may define a hostile environment. Welcomed romantic or sexual advances by an instructor to a student enrolled in her/his class (see Appendix D) may also constitute hostile environment sexual harassment to other students in the class.

Ombudsman. The Ombudsman can assist anyone in the campus community by providing information about campus policies and procedures.

Quid Pro Quo harassment. Quid pro quo harassment includes situations in which any person with organizational authority explicitly threatens negative consequences, or promises positive consequences, as a means of securing acquiescence to unwelcome sexual behavior. While such explicit conditioning of academic or employment benefits upon acceptance of sexual advances may be rare, supervisors and instructors should be aware that, in some circumstances, a student or employee may feel that tolerating unwelcome behavior of a sexual nature from an instructor or supervisor is the tacit price s/he must pay in order to receive the mentoring to which s/he is entitled.

Rape. Rape is an act of sexual intercourse. Any sexual penetration, however slight, is sufficient to complete the crime (i.e., the penis just needs to touch the vaginal opening for rape to occur). Rape is accomplished with a person under any of the following circumstances:

1. Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known, or reasonably should be known, to the person committing the act.

2. Where the act is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person of another.

a. Duress
A direct or implied threat of force, violence, danger, hardship, or retribution sufficient to coerce a reasonable person of ordinary susceptibility (liable to be affected by something) to perform an act which otherwise would not have been performed, or acquiesce in an act to which one would not have submitted.

b. Menace
Any threat, declaration or act which shows an intention to inflict an injury upon another.

c. Consent
Positive cooperation in the act or attitude pursuant to an exercise of free will. A current or previous dating relationship shall not be sufficient to constitute consent.

3. Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, administered by, or with the privity (knowledge), of the accused.

4. Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in the paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions:

a. was unconscious or asleep;

b. was not aware, knowing, perceiving, or cognizant that the act occurred;

c. was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact (trickery).

5. Where a person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused with intent to induce the belief.

6. Where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat.

7. Where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official.

Rape Prevention Education. The Office of Rape Prevention Education is available to any member of the campus community who has been raped or assaulted by a stranger, acquaintance, or partner. The Rape Prevention Education Coordinator can discuss options, provide support in making decisions about how to proceed, and follow-up to get action. These services are available only during working hours.

Remedies. Refers to recommendations for actions to be taken to support or otherwise aid the complainant (as opposed to discipline or sanctions recommended against the accused) in the report of the Title IX/SHO resulting from an administrative investigation when there has been an allegation of sexual harassment or when an administrative review of an alleged sexual assault or rape has been requested by a complainant.

Also refers to the remedies requested by a grievant, which are usually limited to actions that would make the grievant whole, in contrast to discipline or sanctions taken against the accused.

Resolution on Romantic Relationships (Academic Senate). Resolution passed by the UCSC Academic Senate on May 20, 1987, concerning faculty-student relationships (Appendix D).

Report of Sexual Harassment. A "report" of sexual harassment is defined as any meeting or discussion with a University official in order to inform the University that sexual harassment may have occurred. Another example of a "report" would be information contained in a student evaluation of a course or in an anonymous letter. Persons experiencing problems with sexual harassment are encouraged to report them as soon as possible. Once a report has been made, the matter must be reported to the Title IX/SHO by the University official who has received the report.

Sanctions. Corrective or disciplinary action taken against the accused after appropriate due process, or restraining actions imposed upon the accused, in order to safeguard the complainant.

Sexual Assault. Sexual assault is a general term which covers a range of crimes, including rape and sexual battery.

Sexual Assault Nurse Examiner (S.A.N.E.). A specially trained nurse who collects physical evidence when an assault is reported to the police. The Sexual Assault Nurse Examiner is a member of the Sexual Assault Response Team (see S.A.R.T. below).

Sexual Assault Response Team (S.A.R.T.). A specially trained team of police officers and medical personnel who handle reports of sexual assault. If the University police receive a report of sexual assault, an officer trained in sexual assault cases will be dispatched to the scene and will explain police and medical procedures to the victim. If the police transport the victim to Dominican Hospital, which is equipped to perform medical examinations for legal purposes, then an advocate and a specially trained nurse/examiner who are members of the Santa Cruz Sexual Assault Response Team (S.A.R.T.) will be dispatched to the hospital to be available to the victim. A Sexual Assault Nurse Examiner (S.A.N.E.) must conduct a medical examination as soon as possible to maximize the collection of evidence for criminal prosecution.

Sexual Harassment. The University of California defines sexual harassment as follows:

"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

A. Submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in other University activity;

B. Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual; or

C. Such conduct has the purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, hostile, or offensive University environment."

In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the record of the incident as a whole and to the totality of the circumstances, including the context in which the alleged incidents occurred.

Sexual Harassment Complaint. A "complaint" of sexual harassment is defined as a signed, written statement informing the University that sexual harassment may have occurred and providing information sufficient for further inquiry. Complaints require an investigation by the Title IX/SHO and may result in disciplinary or corrective action if it is found that harassment has taken place.

Sex Offense. Sex offenses include sexual harassment and sexual assaults. The UCSC Sex Offense Policy includes procedures for reporting either type of offense.

Statutory Rape. (see Unlawful Sexual Intercourse with a Minor)

Title IX Advisory Council. A Title IX Advisory Council for the Title IX/SHO shall be appointed by the Chancellor. The Council will be composed of six members: three Academic Senate members, at least one of whom is male and one of whom is female, one staff, one graduate and one undergraduate student to serve three-year, staggered terms. The membership will comprise both men and women, but at least three of the members must be women. The Advisory Council shall meet as scheduled with the Title IX/SHO to review issues and incidents of sexual harassment. The Advisory Council also hears Title IX appeals of the Title IX/SHO's findings and/or proposed remedies in both sexual harassment and sexual assault cases. The Advisory Council will be informed of the outcome of the resolution of sexual harassment cases after hearing any appeals that have been filed. Campus concerns about the sexual harassment resolution process may be addressed to the Title IX Advisory Council, which may then advise the Chancellor and Assistant Chancellor for Human Resources on policy and procedures.

Title IX/Sexual Harassment Officer (Title IX/SHO). The Title IX/SHO is responsible for receiving and investigating all reports of sexual harassment and sexual assault (filed by students, staff, and/or academic appointees) and is available to discuss options, provide support, explain university policies and procedures, and provide education on relevant issues. The Title IX/SHO is available only during working hours.

University Official. University officials will include but are not limited to: Vice Chancellors (Assistant & Associate), Deans (Assistant & Associate), Dean of University Extension, Director of Summer Session, Provosts, Department Chairs, Department Undergraduate/Graduate Adviser, Department Assistant/Manager, College Administrative Officers, Assistant College Administrative Officers, Managers of: Family Student Housing; Graduate Housing; Camper Park; UCSC Inn; & University Town Center, Unit Heads, Program Directors, Supervisors, University Police, Rape, HIV & AOD Prevention Education Coordinators, Resource Center Directors, Director Student Judicial Affairs, Residential Life Staff, College Proctors, Resident Preceptors, and Coordinators for Residential Education. University officials are responsible for receiving training and keeping abreast of university policy and procedures concerning sex offenses. Any University official receiving a report of sexual harassment and/or assault must advise the Title IX/SHO, who is also a University official, of the report.

University Police. Staff, students, faculty, and members of the community experiencing a sexual assault on campus will receive a speedy response from the University Police. (For assaults off campus, local police should be contacted). In addition, the police, and only the police, can arrange for medical examinations in order to provide admissible evidence when the complainant desires prosecution through the criminal justice system. It is important to remember that "reporting" a rape is not the same thing as prosecuting through the criminal justice system. If the complainant files a report and then later refuses to prosecute through the criminal justice system or cooperate in a police investigation, there is little that the police or courts will be able to do. On the other hand, if the complainant initially decides that s/he does not want to file a police report and then, a month later, wants to prosecute through the criminal justice system, s/he has lost the opportunity for best evidence, not only in terms of immediate police investigative interviews, but also the collection of physical evidence. For these reasons, the University strongly encourages victims of sexual assault to call the police as soon as possible.

Unlawful Sexual Intercourse with a Minor. This occurs when the victim is considered incapable of giving legal consent because they are 17 years or younger, even if the intercourse is consensual. Where the person engaging in sexual intercourse with a minor is younger, or not more than three years older than the minor, the crime is a misdemeanor. If more than three years older, then the crime is a felony.

Victim/Witness Program. The Victim/Witness Assistance Center, established by the District Attorney's Office, addresses the needs of victims and witnesses. By meeting financial, emotional, social, and information needs, the Center hopes to enhance the quality of justice and be the human link in the criminal justice system. Victim/Witness Program services include crisis intervention/hospital response; emergency services, such as shelter, food, and clothing; outreach and screening services; liaison and referral to community agencies; follow-up support to victims and their families; intervention with employers and creditors; bereavement and injury notification; coordination with criminal justice agencies; witness notification and information; court reception and escort; explanation of court procedures; companionship, transportation, and child care; property return assistance; restitution assistance. The services of this program are available only when a police report has been filed.

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Amended 2001