University of North Carolina at Chapel Hill
adopted 1999
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IT IS IMPORTANT TO SEEK HELP IMMEDIATELY!! PLEASE
CONTACT:
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STUDENT HEALTH SERVICES:
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966-6573 |
| DEPARTMENT OF PUBLIC SAFETY: |
966-8100 |
| ORANGE COUNTY RAPE CRISIS CENTER 24 HOUR CRISIS
LINE: |
967-7273 |
Rape is a crime of violence, anger and power, which is not always
motivated by sexual desire. It is one of the major violent crimes in the United
States that affects the lives of thousands of people each year. Anyone can be
targeted, because people are selected primarily for their perceived vulnerability.
Sexual assault is NEVER the survivor's fault. NOBODY asks to be raped.
Sexual Assault is the forcible penetration (rape) or an act of
sexual contact on the body of another person, male or female, without his or
her consent. Sexual Assault is any use of force, including, but not limited
to, threats, tone of voice, physical force, weapons alcohol or drugs.
The majority of sexual assault survivors are between the ages
of 15 and 25; therefore, college students are at risk. Sexual Assault is a criminal
act that violates both North Carolina law and University policy.
In the past, the Response Plan Manual has included various protocols and procedures,
general information regarding community agencies and services, resource pamphlets,
and resource numbers. In 1997, however, the Plan was rewritten to incorporate
services to the accused student. The new manual is intended as a working document
that lists campus and community resources, and discusses services offered to
both the survivor and accused student. It is divided into five sections:
- University Policy: contains
the "University Response Plan for Incidents of Sexual Assault involving
UNC-CH Students," the University's official policy statement.
- University Resources: information
about services available on campus for students involved in a sexual assault.
Most services are free, but some do require fees.Community Resources: information
about non-University agencies that provide services and/or information to
assist those involved with sexual assault, including law enforcement and the
Orange County Rape Crisis Center
- University Office/Agency Protocols and Procedures:
contains University protocols and procedures as drafted
by the respective agencies. Contact information, where appropriate, is also
included.
- Appendices: includes frequently
asked questions and a full contact list of all agencies mentioned in this
manual.
How to Use the Manual
Each section of the manual contains valuable information for survivors, accused
students, support people or any University personnel likely to respond to or
receive questions about sexual assault. At the beginning of the fall semester,
each agency, department or organization receiving this Manual will receive updated
information. A list of University resources and community resources receiving
the Manual from the Office of the Dean of Students is located in Section 5,
Appendices.
All phone numbers and addresses of every department
and agency are listed in the last section.
In an effort to be inclusive of all survivors
of sexual assault, regardless of gender, the use of "survivor," "accused student,"
or gender inclusive pronouns, will be used where appropriate.
The term survivor is used in this plan because survival is about
a process; victimization, or re-victimization, is about event(s) that are imposed
on one. Yet they are not mutually exclusive terms; people may call themselves
one or the other depending on their feelings. People may refer to others as
survivors to acknowledge their process of healing, to acknowledge their strength
and their pain (The Barnard/Columbia Women's Handbook, 1992)
- Philosophy
The University of North Carolina
at Chapel Hill recognizes the importance of assisting students who are survivors
of sexual assault in regaining a sense of personal control over their life
and the decisions they make. Several University agencies coordinate services
to survivors and others who might be affected by sexual assault.
This Response Plan establishes
a cooperative course of action for the University in case of a sexual assault
of a UNC-CH student. The assistance of University agencies is equally available
to the survivor and the accused, if they are UNC-CH students.
- Rights of Survivors
Surviving students are guaranteed the rights of
prompt access and due process to appropriate University Services. Survivors
have the right of self-determination concerning their medical, psychological,
and legal support. Survivors have the right to privacy in reporting.
- Services for Survivors
Certain University agencies have been identified
as available for assistance to a survivor of sexual assault. In addition to
providing services particular to their area of responsibility (i.e., medical,
psychological, law enforcement), Response Plan offices are available to inform
the survivor of other service providers and will, at her/his request, help
contact an office or agency from which assistance is sought.
Besides the services available from University agencies, the survivor will
be informed of other resource agencies in the local community with services
that may complement those of the University. University agencies will provide
assistance to the survivor in making referrals to community agencies.
- Rights of Accused Students
Under the Response Plan, no action shall
be taken that would deprive the accused student of rights guaranteed by the
United Sates Constitution, federal or state law, or the University’s Instrument
of Student Judicial Governance, including but not limited to the right to
the presumption of innocence until proven guilty and the privilege against
self-incrimination.
An individual who is accused of sexual assault and is an enrolled UNC-CH student
has the same access to University services and assistance as any other student.
- Services for Accused Students
Certain University offices have been identified
as providing services that might be of particular interest to students accused
of sexual assault. Besides providing service in their areas of responsibility
as described below, these offices make appropriate referrals to other University
offices and will, on request, help the accused student contact them. University
offices will also inform the accused student of resources in the local community
with services that may complement those of the University and will make an
effort to help the accused student contact those agencies.
- Privacy and Confidential Record Keeping
Information about a reported sexual assault
involving a UNC-CH student is made available only in accordance with the law,
University policy, and the provisions of the federal educational rights and
privacy act relating to the privacy of student records.
A University office that receives a report about a sexual assault
may keep confidential records essential to the provision and completion of
its service and for general statistical purposes; for safety purposes; and
for risk management.
Confidential information about sexual assaults involving UNC-CH
students is compiled to assist the University in determining support services
needed and the type and content of educational programs that should be developed
for the University community. Anonymous data is also compiled to provide statistical
information for the annual campus security report required by the federal
Campus Security Act.
Questions about issues of privacy and record-keeping should
be directed to University Counsel at 962-1219 or 962-3031, in the South Building.
- Training
Training, orientation, and education about the Response
Plan is required for all University
agencies that provide services to UNC-CH students who are sexually
assaulted. The training, which includes general information
about sexual assault and the provisions of the Response
Plan, is facilitated by the Office of the Dean of Students. The
coordinated training helps ensure consistent information and careful, sensitive,
and efficient assistance to sexual assault survivors,
accused students, and others.
PROCEDURE:
Step I: Identification
Notification of Incident to University Offices. Sexual Assault
Survivor self-identifies to one or more of the following:
- Law Enforcement
- University Police
- Chapel Hill Police, Carrboro Police, Durham Police
- Orange County Sheriff
- Durham Police
- Division of Student Affairs
- Medical Service:
- Student Health Services
- UNC Hospitals Emergency Department
- Counseling and Psychological Services
- Office of the Dean of Students:
- Dean of Students
- Harassment and Assault Coordinator
- Judicial Programs Officer
- Academic Assistance
- Student Attorney General
- Department of Housing and Residential Education
Step II: Action
In accordance with their own policies, University offices
make a reasonable effort to:
- Provide the University service sought by the survivor
- Inform and assist the survivor of services available from other
providers
- As needed, complete Agency follow-up services with the survivor
- If desired, assist the survivor in reporting the incident
- Forward agency report to the Office of the Dean of Students
(See Step III. D.)
Step III: Notification
- At the request of the survivor,
the office of first response will assist in reporting the sexual assault
incident to the appropriate law enforcement agency. Regardless of whether
the incident is reported to the police, the office of first response will
provide information about services available to survivors of sexual assault.
At the request of the survivor, the office
of first response will make referrals to other services that are requested.
Students accused of sexual assault may obtain confidential assistance and
counseling at Student Health Services and at Counseling and Psychological
Services. These providers will not disclose confidential information without
the student’s prior consent except under the circumstances outlined
in subsection C. 2. below or in response to a civil or criminal subpoena
or court order.
Accused students are also encouraged to use the services offered by the
Division of Student Affairs and other offices, but should be aware that
confidential assistance and counseling are only available at Student Health
Services and Counseling and Psychological Services.
- If the survivor of a sexual assault is in a life-threatening
situation, the office of first response will contact emergency personnel.
- Steps may need to be taken to protect the University
Community if the survivor elects not to make a formal report to the police
under step 3. A. above, if the alleged sexual assault occurred on University
premises or the premises of an organization or group officially recognized
by the University.
- Provider Agencies, except as noted in C.2. below, will
report, as soon as practical, the following information to the Dean
of Students, or designate, and the University Police:
- The allegation that a sexual assault occurred;
- Any information about the surrounding circumstances
(e.g., time, general location, weapons or vehicles involved) that
might assist the University Police to establish the assailant’s
pattern of behavior so it can be compared with other reports of sexual
assaults for similarities. Information that
may allow the survivor to be identified will not be reported.
For example, the general location of the incident should be reported,
but not the exact address. The Dean of Students or designate will,
in turn, report this to the University Legal Staff.
- In accordance with North Carolina statutory provisions
governing Physician/Patient privilege and Psychologist/Client privilege,
Student Health Service providers, including providers in Counseling
and Psychological Services, will make the report referred to in C.1.
only with the consent of the survivor, or in accordance with the recognized
professional standards or if the information received indicates this
is another identifiable potential survivor. In the latter case, the
appropriate law enforcement agency must be notified to provide necessary
protection.
- During the last week of each academic semester and
end of second summer sessions, each University office or community agency
will forward to the Office of the Dean of Students a completed confidential
report of all known incidents of sexual assault. The information collected
will assist the University in determining support services needed and the
type and content of educational programs that should be developed for the
University community. The anonymous data also provides statistical information
for the annual campus security report required by the Campus Security Act.
Each report will contain the following information:
- Number of sexual assaults reported to the campus office
or agency during the semester
- General location of the sexual assaults (i.e., on or
off campus)
- When, in relationship to the report, the sexual assault
occurred (within the past month, within the past six months, within
the past year)
- Whether the survivor was enrolled at the time of the
sexual assault
- Whether the sexual assault has been reported to
other agencies
Step IV: Follow-Up
Case follow-up, Community Education, Response Plan Evaluation,
and Annual Report (coordinated by Office of the Dean of Students):
Individual office or agency follow-up may occur with the
survivor’s or accused student’s consent.
The Office of the Dean of Students, in cooperation with other
University organizations (such as the Rape Awareness Committee) or community
agencies that wish to participate, will facilitate efforts to provide campus-wide
education on issues of sexual assault. At least annually, the Office of the
Dean of Students will convene a meeting of University Agency providers (and
invite community agencies to participate) to review the Response Plan, evaluate
its effectiveness and make changes as needed. The annual report of incidents
of sexual assault, community education efforts, and response plan operation
will be compiled in conjunction with the Rape Awareness Committee and forwarded
to the Chancellor by the Office of the Dean of Students.
Each department subscribing to the University Response Plan
developed its own Protocol and Procedure outlining how it responds to incidents
of sexual assault. The protocols and procedures must follow the basic premises
of the University Response Plan.
University offices and agencies’ protocols and procedures
vary in length, breadth, and depth. However, each university office or agency
protocol fosters a safe atmosphere in which a student may report an incident.
Each department maintains the student’s confidentiality and provides the
student with information regarding the available resources.
The next several pages are dedicated to university office and
agency protocols and procedures. If you have any specific questions about a
protocol or procedure, please contact the specific office or the Harassment
and Assault Coordinator in the Office of the Dean of Students at (919) 966-4042.
The following offices/agencies’ protocols and procedures
are contained in this section:
- Office of the Dean of Students
- Student Judicial System
- Department of Housing and Residential Education
- Academic Affairs
- Department of Athletics
- Student Health Services
OFFICE OF THE DEAN OF STUDENTS (http://www.unc.edu/depts/dos)
Sexual Assault Response Protocol
The Harassment and Assault Prevention Coordinator [HAPC] within
this office is the personnel who receives reports of incidents of sexual assault.
Any staff member within the Office of the Dean of Students can receive a report
in the HAPC’s absence.
Regardless of whether the survivor has reported to another University
office, the HAPC will provide information about the services available to
the survivor. It is the goal of this office that the survivor be empowered
to make her/his own informed decisions.
The following steps outline the HAPC’s response:
- Notification
The survivor of sexual assault may self-identify or a University office may
notify this office of a possible incident of sexual assault.
- Action
Once the HAPC is notified, the HAPC will make reasonable efforts to:
- Provide emotional support and assistance to the survivor
- Advise the survivor of her/his rights and options
- Inform the survivor of other services available from other
providers
- If desired, conduct follow-up services with the survivor
- If desired, assist the survivor in making a formal report to
law enforcement
- With their consent, assist survivor by making referrals to
provider agencies
- Contact the appropriate emergency personnel if the survivor
is in a life-threatening situation
Reporting
If the incident took place on University premises or the premises of an officially
recognized organization of the University, the HAPC will report the following,
as soon as possible, to the University Police:
- Incident’s occurrence
- Information regarding the circumstances
If the survivor does not wish to file a formal report, then
this information will be delivered in a manner so as to protect the confidentiality
of the survivor.
The purpose of reporting this information to the University Police
is to help protect the safety of the members of the University community.
HOUSING AND RESIDENTIAL EDUCATION (http://housing.unc.edu)
Written for use by Department of University Housing and Residential
Education Staff, including Resident Advisors (RAs), Assistant Area Directors
(AADs), Area Directors (ADs), when a student has reported to them that she/he
is a survivor of sexual assault. It is important to remember to empower the
survivor at all times to enable them to make her/his own choices.
It is also critical for RAs, AADs, and ADs, to respect and fulfill
their responsibility to inform their respective supervisor of the incident to
ensure that support and resources are provided to the survivor.
RAs take the following steps:
- Provide EMOTIONAL SUPPORT.
- Make sure the survivor feels safe and inquire about bodily
injury.
- Determine the level of medical emergency.
- Provide the survivor with RESOURCES.
Give the survivor an "Assault Resource Card" (provided by the Center
for Healthy Student Behaviors and Advocates for Sexual Assault Prevention)
with the names and phone numbers of all the resources available.
- Provide the following guidance regarding MEDICAL ASSISTANCE.
- Encourage the survivor to seek medical attention through
the Student Health Services. They have specially trained medical personnel
to help survivors of sexual assault 24 hours a day. Please Note: All related
medical costs will be covered; financial assistance through Student Health
Service is also available for survivors needing assistance with safe housing;
- Assist in arranging transportation through University Police.
- Remind the student to take a change of clothes with her/him
to the Student Health Service
- Encourage the survivor to refrain from bathing, or changing
clothes before seeking medical or police help.
- Have the survivor save any item that has been handled by
the assailant.
- INFORM the survivor of options about reporting.
Seeking medical treatment does not obligate her/him to press charges but it
allows her/him to do so later since the Student Health Service will collect
the necessary evidence. That decision can be made after medical assistance
has been obtained and after being informed of options. Reporting the incident
does not obligate the survivor to press charges at any time. She/He may make
a "blind report" to the police. This puts the information on file
so that the option is available at a later date. The survivor maintains control
over the process regarding legal or judicial procedures. If the assault occurred
on campus, it should be reported to the campus police where it occurred. If
the assault occurred off campus, it should be reported to the local police
where it occurred. If the survivor chooses to press charges, she/he may choose
to prosecute through the criminal courts, the student judicial system (Honor
Court), or both.
- Let the survivor know that the RA will maintain the strictest
CONFIDENTIALITY.
The RA is required to notify the Area Director of the
incident. The AD must inform the Assistant Director or the Assistant
Director on call who will inform the Dean of Students Office and the Department
of Public Safety of statistical information
from the incident report. The RA must not discuss
it with co-RAs, friends of the survivor, survivor's parents, friends, or the
alleged assailant under any circumstances.
- Regardless of when the assault occurred, contact the
AD immediately and use an incident report to inform them of the following
information:
- Nature of the incident
- When it occurred
- Where the survivor lives
- The name of the survivor (only
with the survivor's consent)
- Where the incident occurred
- Information about or identity of the alleged assailant
- Pattern of behavior exhibited by the accused
- Where the accused lives (if known)
- If the incident was reported to the police
- Inform the survivor that the Area Director will communicate
to her/him, either in person or in writing about the possibility of the following
options:
- Alternative housing options
- Reporting options
- Referral to support agencies
- Link with other departments responding to the incident
- Follow-up
- MAINTAIN SUPPORT and contact with the survivor.
Offer to accompany her/him to the Student Health Service or to any support
office she/he chooses.
Area Directors take the following steps:
- Upon receiving the information that a student is a survivor
of a sexual assault, the AD or AD on call is to NOTIFY the Regional Assistant
Director, or the Assistant Director on call. Such notification should occur
regardless of when the sexual assault took place.
- He/She will be asked to write a blind report and then report
to the Regional Assistant Director. This information will be sent to the Dean
of Students Office and University Police for statistical purposes. Utilizing
the information from the Incident report, the "blind report" should
include the following information:
- Nature of the incident
- When it occurred
- Confirmation that the survivor is an on-campus resident
- Where the assault occurred
- Any notable information that might help identify the assailant
in stranger rape or pattern of behavior in date rape
- Offer SUPPORT AND RESOURCES to the survivor. An individual
meeting is encouraged and might be most supportive if the survivor is agreeable.
The following information must be communicated in writing. Have the RA hand
deliver the letter to the survivor. It should include the following:
- Medical assistance information
- Resource agency names and phone numbers (Assault Resource
Card)
- On-campus resources
- Options regarding reporting and pressing charges
- Encourage seeking assistance from any of the available resources
or yourself
- Educate the survivor about REPORTING OPTIONS.
A survivor should immediately seek medical treatment both for medical reasons
and for evidence collection. This is not a report to the police.
A survivor should then immediately report the assault to the
University Police. This may be done anonymously, if desired. Also, reporting
to the police does not obligate the survivor to press charges, but informs
the police that the incident occurred and allows the survivor to tell the
story while it is still fresh in her/his memory.
A survivor should also seek to report the incident to the
Office of the Dean of Students. They can provide guidance with academic
needs, reporting options, and other forms of personal support.
A survivor of sexual assault has the option of pressing charges
through:
- Criminal court system
- Student judicial system (Honor Court)
- Both the criminal court system and the student judicial system
At all times, the survivor maintains the right to choose
to proceed further or not to proceed further.
- MAINTAIN CONTACT with the RA and, if possible, the survivor
and continue to offer assistance and availability. Reiterate to the RA the
importance of maintaining confidentiality and not discussing the incident
with anyone except the survivor.
- ASSESS HOUSING NEEDS OF THE SURVIVOR. There may be circumstances
in which a room change would be helpful to the survivor. The Area Director
must discuss this with the survivor and, with the survivor's consent, pursue
the options available to the survivor through the Assignments Office. Do not
simply leave it up to the survivor. The Area Director should also inform the
Assistant Director on call of any arrangements that are made.
Circumstances may occur in which both the survivor and
the accused student live in the same residential community. It is important
as staff members to offer complete non-judgmental support to each party
involved and to avoid taking sides. Both parties need the assistance of
staff members and should be offered resources. As in all cases, it is crucial
that Resident Advisors not discuss these issues among themselves or with
other residents. Absolute confidentiality
must be maintained.
-
Housing and Residential Education may be asked to provide
assistance through the provision of a "safe space" room on a short-term
basis if such space is available. Short-term accommodations may be provided
for 1-3 days at no charge to the student. Typically such requests are made
to Housing & Residential Education's Assistant Director on call, and
by the Assistant Dean and Harassment and Assault Prevention Coordinator.
The Assistant Director on call will contact the Area Director on call with
regard to available rooms. If a room is available, the AD on call will then
discuss arrangements for key checkout and check-in with the student. The
AD should verify that the individual does or does not check in and inform
the Assistant Director on call so they may follow up with the Dean of Students
accordingly. After 3-4 days, the individual may sign a residence hall contract
and pay a pro-rated single room rate for the remainder of the semester/year
if a single room is available. Any exceptions to the 3-4 day stay will be
made on a case-by-case basis with the Director of Housing & Residential
Education.
ACADEMIC AFFAIRS: (http://www.unc.edu/academics/)
The following protocol has been designed and approved for
the University's various Colleges and Professional Schools.
Identification of a student who has been the survivor of a sexual
assault or is an alleged assailant and is in need of academic relief is to be
made to the designated representative (see attached listing) of the appropriate
college or professional school. Academic relief may take a variety of forms
(exam excuse, dropping a course, or withdrawal), as deemed appropriate after
consultation between the academic officer and the student. A student who has
been involved in a sexual assault need not provide details after identification,
but may rely on the designated representative to provide verification when necessary.
If a survivor of sexual assault goes to a Professor or TA as the
first point of contact, the Academic Contacts listed below are to be used as
resource people. They will provide the Professor or TA with the appropriate
information and services who will then share it with the survivor.
All attempts should be made to provide confidentiality for the
student as much as academic procedures allow.
Referrals should be made to contact persons in other departments
or agencies (Student Health, Orange County Rape Crisis Center, Housing, etc)
as requested by the student. A list of contacts is attached to the overall University
Response Plan.
The contact person should fill out a report form as soon
as possible and send to the Dean of Students office.
If you do not see your school listed below, please contact
the Office of the Dean of Students (966-4042) and they will assist you.
ACADEMIC CONTACTS
- General College and Arts and Sciences
Barbara Stenross, Assistant to the Dean
110 Carr Building, CB# 3110
966-5116
Carolyn Cannon, Associate Dean
110 Carr Building, CB# 3110
962-1164 or 966-5116
- School of Journalism
Tom Bowers, Senior Associate Dean
117 Carroll Hall, CB# 3365
962-1204
- School of Law
Winston Crisp, Associate Dean for Student Affairs
Van-Hecke Wettach Hall, CB# 3380
962-5106
- Graduate School
Michael Poock, Assistant Dean
200 Bynum Hall, CB# 4010
962-6329
DEPARTMENT OF ATHLETICS: (http://tarheelblue.fansonly.com)
The following protocol has been developed for use in conjunction
with the University Response. Questions about the protocol should be directed
to Dr. Janice Hilliard at 966-4102.
- Dr. Hilliard has been selected by the Department of Athletics
as contact person to assist in sexual assault situations. Identification of
a student-athlete, who has been involved in a sexual assault incident and
is in need of relief from athletic participation or other assistance, is to
be made to Dr. Hilliard. A student-athlete, who has been involved in a sexual
assault, need not provide details after verification, but may rely on the
contact person to provide verification when necessary.
- Every attempt will be made, consistent with the Department's
responsibilities pursuant to the Response Plan, the Instrument of Student
Judicial Governance, and University disciplinary policies, to protect the
privacy of the student-athlete.
- Dr. Hilliard will assist with referrals in other appropriate
departments and agencies (Colleges and Professional Schools, Student Health,
Rape Crisis Center, Housing, etc.) as requested by the student. A list of
contacts is attached to the overall University Response Plan. As contact person
for the department, Dr. Hilliard will also fill out required non-identifying
reports for the Dean of Students office.
STUDENT HEALTH SERVICES (http://www.shs.unc.edu)
Helping student survivors of sexual assaults
regain a sense of personal control over their life and the decisions they make.
**Students are advised to contact Student Health Services as soon as possible
after a sexual assault!!
SHS offers confidential and comprehensive care for the survivor
of a sexual assault. Nurse Practitioners trained as Forensic Nurse Examiners
are available to provide sexually transmitted infection and pregnancy testing
and prevention, render appropriate medical treatment and care, discuss available
options of care and reporting, and collect evidence of the assault if the survivor
requests. For additional information during daytime hours, call 966-3650 or
if after hours, call 966-6573.
SHS, in collaboration with Counseling and Psychological
Services (CAPS), offers confidential emotional support to the survivor of a
sexual assault. For additional information during daytime hours, call 966-3650
or if after hours, call 966-2281.
COUNSELING AND PSYCHOLOGICAL SERVICES STAFF (CAPS) (http://www.unc.edu/depts/unc_caps/)
Counseling And Psychological Services (CAPS) staff members will
be available to see rape survivors when they are initially seen at SHS and/or
for counseling later. The FNE/nurse may decide the survivor needs to see a therapist
immediately, later that day, the next day, etc. In making this decision, considerations
include the survivor’s preferences, and the nurse’s assessment of
the need for additional help at that time.
For people who present during the day, the nurse notifies CAPS
for an Urgent Care and Consultation appointment. The assigned CAPS personnel
will be responsible for immediate care if indicated, as well as making sure
that future appointments are made available to the survivor.
For people who present during the night, the nurse will assess
whether immediate psychological intervention is necessary. If psychiatric consultation
is needed, the usual protocol of calling the Psychiatric Resident will be followed.
Rape crisis companions (from Orange County Rape Crisis Center) are also available
for the survivor and her/his partner may also need support.
There are also support groups through CAPS and the Rape Crisis
Center. The Rape Crisis Center offers groups for survivors, friends, and family
members of survivors and for adult survivors of child sexual abuse.
This document only represents a set of guidelines; because flexibility
is important in dealing with these issues, there may be good reasons for varying
from these guidelines in a given case. The pronouns used are referring to a
complainant or accused of either gender.
In accordance with the University's Sexual Assault Response Plan, the Student
Judicial System recognizes the need to provide options for students who are
survivors of sexual assault. At the same time, the System must ensure that the
rights of students accused of sexual assault are also protected. The following
procedures are designed to protect the rights of both parties. Both parties
are also to be kept informed as the case progresses through the Student Judicial
System.
The participants in the Student Judicial System receive training from the Harassment
and Assault Prevention Coordinator, the Judicial Programs Officer, and representatives
from the Orange County Rape Crisis Center.
- Notification
An alleged sexual assault will generally be reported by the complainant to
either the Judicial Programs Officer or the Student Attorney General for the
school in which the accused student is enrolled. The Judicial Programs Officer
and the Student Attorney General share information with each other. Before
the Student Attorney General notifies the accused student [hereafter "accused"]
of the complaint, the Judicial Programs Officer confers with the complainant
to discuss the specific procedures that will be used, as well as all of the
possible outcomes (e.g., no charge, not guilty, guilty, various sanctions,
the rights of the accused student). If the Harassment and Assault Prevention
Coordinator has not yet been notified, the complainant will be encouraged
to contact that person for information and support. The Judicial Programs
Officer will give the complainant a copy of the Instrument of Student Judicial
Governance. The Student Attorney General will send the accused a letter notifying
him/her that a complaint has been filed, and that he/she should contact the
Attorney General immediately to set up an appointment.
- Investigation Stage
The Student Attorney General will conduct a preliminary
investigation; at a minimum, this will involve talking with both the complainant
and the accused. The purpose of the investigation is to determine whether
there is sufficient evidence to show that a violation of the Code of Student
Conduct probably occurred. At the beginning of her/his first conversation
with the accused, the Student Attorney General will specify, both verbally
and in writing, that the accused need not answer any questions; if the accused
chooses not to answer any questions, the Student Attorney General will share
the complaint and any other evidence with the accused, and explain the process
that will be taken to determine whether a charge will be made. Additionally,
the Student Attorney General will remind the accused of his/her right to contact
an attorney to discuss the possible ramifications of this student judicial
proceeding on any pending or potential criminal case or any other matter.
The accused will also be encouraged to meet with the Judicial Programs Officer
to discuss the possible outcomes, and to address any questions he/she might
have about the Instrument. As soon as the Student Attorney General decides
whether to make a charge, the complainant and the accused will be notified
in writing. Additionally, the Judicial Programs Officer will usually notify
the Harassment and Assault Prevention Coordinator so that any appropriate
support services will be available for the complainant. If the Student Attorney
General decides not to make a charge, no information about the accusation
will be retained in the disciplinary file of the accused.
- Pre-Hearing Stage
If a charge is made, the Student Attorney General may assign
the case to an Assistant Student Attorney General, who will then appoint and
Investigator and a Defense Counsel. The Assistant Student Attorney General
will be responsible for fully informing the accused of his/her rights under
the Instrument. The Investigator will be expected to keep the complainant
fully informed of all aspects of the investigation, and the Defense Counsel
will be expected to do the same for the accused. The Assistant Student Attorney
General will ensure that communication with all parties is prompt and frequent,
that all witnesses are contacted, and that adequate preparations are made
for the hearing. The complainant should not be assigned any of these tasks,
but only should be used as a resource for information. The Judicial Programs
Officer and the Student Attorney General, in consultation, will determine
whether the matter is "inappropriate for hearing and decision by a student
court." [Instrument IV.E.1.a.1] If it is found to be appropriate for
a student court, a hearing date will be set with reference to the Student
Court docket. If it is inappropriate for a student court, the Judicial Programs
Officer will schedule a University Hearings Board.
- Rape Shield Hearing
At least one week prior to the hearing date, the Assistant
Student Attorney General, Investigator, Defense Counsel, and Judicial Programs
Officer will meet to determine whether the Defense Counsel seeks to introduce
any evidence relating to the complainant's prior sexual behavior; the accused
and complainant may be present at this meeting if necessary.
If the Defense Counsel does seek to introduce such evidence, the Judicial
Programs Officer will convene an expedited three-person panel to determine
whether the specific evidence at issue is admissible under the Instrument's
"rape shield" provisions [Instrument V.A.3.]. Both the complainant
and the accused (and their support persons) may be present at the expedited
panel hearing. The Judicial Programs Officer will explain the result of that
expedited panel hearing to both the complainant and the accused.
- Hearing Procedure
When the case convenes for a hearing, the Judicial Programs
Officer and the Student Attorney General will attend. The seating arrangement
of the hearing will be designed to ensure that the complainant and the accused
are separated to the greatest extent possible. If the accused requests an
open hearing, the request will only be granted with the written
consent of the complainant. The complainant will
be permitted to remain at the entire hearing (except for court deliberations).
Additionally, both the complainant and the accused may have a non-lawyer support
person to accompany them throughout the process. These support persons may
not participate in the hearing. During the court deliberations, the Judicial
Programs Officer will ensure that both the complainant and the accused have
an acceptable and separate, place to await the court's decision.
- Post-hearing
After the hearing, both the complainant and the accused
will receive written notification of the outcome of the proceeding, including
information about any sanction imposed in the case of a guilty verdict.
WHERE TO GO ON CAMPUS FOR ASSISTANCE
Many offices on campus provide assistance to students in crisis.
A student who is experiencing resulting issues related to a sexual assault is
a student who may be in crisis. This student often needs various types of assistance-academic,
financial, medical, psychological and housing assistance. Sometimes, this student
in crisis does not know what resources are available.
The following pages guide the student through many of the University
resources available. This listing is not necessarily each and every resource
available, but contains a significant number of available resources. Every attempt
was made to insure that the information included in this list is accurate, however,
departments and agencies do sometimes change the types and numbers of services
they provide. When and if the services provided do change, the student should
contact the Harassment and Assault Prevention Coordinator to determine where
else the student may seek out such service.
Further, where an employee's name is mentioned, please be aware
that employees' responsibilities can and do change and that someone other than
the named person may be responding to the student's request.
UNIVERSITY RESOURCES
Law Enforcement:
Department of Public Safety
Division of Student Affairs:
Medical Services:
- Student Health Service
- Women's Health Clinic
Counseling Services:
- Counseling and Psychological Services (CAPS)
Office of the Dean of Students:
- Dean of Students
- Harassment and Assault Coordinator
- Judicial Programs Officer
- Academic Assistance
Student Attorney General's Office:
Housing and Residential Education:
- Student and Staff Services
University Sexual Harassment Office:
- Chief Sexual Harassment Officer
Transportation:
WHERE TO GO FOR ASSISTANCE IN THE COMMUNITY
Several agencies within the Chapel Hill-Carrboro-Orange County
community provide services that are available to University of North Carolina
students. Many of these agencies, such as law enforcement agencies, are supported
by municipalities. Other agencies are non-profit and are supported through private
donations and the United Way.
Again, every effort was made to secure the most accurate information
as of this publishing. However, the University does not, nor is not, responsible
for any changes in the services offered by any of the agencies. Every effort
will be made to maintain updated information for the services provided by the
agencies. Some of the agencies request fees for service.
It is the student's responsibility to work out any payment arrangements
if fees are required. It is also the student's responsibility to find out what
her/his responsibilities are regarding seeking assistance from the community
agency.
Caveat: The University is not connected in any way to any of these agencies.
Any fees accrued as a result of using the service are solely the responsibility
of the student and are not included as a part of student fees nor attached to
the student's University account.
Resources where incidents of sexual assault can be reported and
that provide services complementing those offered through the University:
- Orange County Rape Crisis Center: 967-7274 (24 hour hotline)
- Chapel Hill Police: 968-2760
- Chapel Hill Police Crisis Unit: 968-2806, 968-2807
- Carrboro Police: 968-7709
- Hillsborough Police: 732-9381
- Orange County Sheriff: 942-6300
- Orange County Women's Center: 968-4610
- Family Violence Prevention Center: 929-7122
- Orange County District Attorney: 967-7485
- Orange County Public Defender's Office: 968-0200
- Orange-Person-Chatham Mental Health Center: 929-0471
- University of North Carolina Hospitals: 966-4131
- University of North Carolina Hospital's Psychiatric Services:
966-2127
(Revised August 2001)
The following information is being provided in this manual
in response to frequent requests for availability of certain materials. Much
of the material included does not fit anywhere else in the book, but fits nicely
in an appendices section.
Where a student has several options for reporting a sexual
assault.
- Police
- Office of the Dean of Students
- Student Attorney General
- Student Health Service
- University Counseling Center
- Resident Assistant, Area Director, Assistant Area Director
- Academic Advisor
- Assistant to the Dean of the General College and Arts and Sciences
- Sexual Harassment Officer
- If I have been sexually assaulted, what can
I do immediately?
- If I report a sexual assault to the police,
does that mean that I have to go to court?
- What is a blind report?
- If I report a sexual assault to someone on
campus, will it get out to the newspaper?
- What if I don't want anyone to know that I
have been sexually assaulted?
- If I report to a University office, will my
name be used elsewhere?
- If the sexual assault took place off campus,
why should I report it to someone on campus?
- Will my professors know?
- Why should I consider reporting the incident
to the student attorney general?
- What options do I have as far as pursuing
a charge against the accused student?
- How do I file a report with the Student Attorney
General?
- What if I need to talk to an attorney?
- If I report a sexual assault, will that affect
my record?
- What if I am accused of sexual assault? Where
can I go get some help?
- What if I am accused of sexual assault and
it is not true?
- What if I need general information about
sexual assault, but don't necessarily want to report an incident?
- Are the University's services free?
- Are the University's services available for
non-students when assaulted by a UNC-CH student?
- Are the University's services available for
dependents of UNC-CH students?
- What if I don't want a friend to go with
me to the hospital or the police or anywhere else? Who can go with me?
- What if I live in the same residence hall
as the accused student?
- Where can I get an HIV/AIDS test?
- Are these services available to me if the
sexual assault did not happen in Chapel Hill?
- What if the sexual assault happened before
I was a student at UNC-CH?
- What if the incident begins affecting my
course work?
- Are there any support groups for survivors
of sexual assault?
- Are there any support groups for friends
and families of survivors?
- Is there a 24-hour number available to report
sexual assault that is different from the police?
- Is there a rape crisis center in Chapel Hill?
- Is there a women's center in Chapel Hill?
- Is there a domestic violence center in Chapel
Hill
- What can I do to help stop sexual assault?
- If I have been sexually assaulted, what can
I do immediately?
Go to a safe place, call someone you trust to be with you (e,g, a friend,
rape crisis counselor, etc.), seek immediate care at Student Health Services
or a hospital, and consider reporting the assault.
- If I report a sexual assault to the police,
does that mean that I have to go to court?
No. Reporting a sexual assault does not necessarily obligate you to proceed
through the court system. You may have the option to file a blind report.
- What is a blind report?
This form of reporting does not pursue formal prosecution. Your name is not
required, but important information about the crime will be given to assist
police in preventing future crimes and educating others about high-risk areas.
It is solely your decision whether or not your name is to be used. Filing
a blind report leaves you the freedom to change your mind later, and fill
out a full report.
- If I report a sexual assault to someone on
campus, will it get out to the newspaper?
The Orange County Rape Crisis Center, Counseling and Psychological Services
(CAPS), Student Health Services, The Center for Healthy Student Behaviors,
and the Office of the Dean of Students all offer confidential services. There
is a duty to warn the community if there seems to be a reoccurring crime with
similar characteristics. However identifying information will always be kept
confidential.
- What if I don't want anyone to know that
I have been sexually assaulted?
You do not have to report the crime. Some survivors do not choose to report
the crime for various reasons. However, if you would like to receive emotional
support, The Orange County Rape Crisis Center, CAPS, Student Health Services,
Center for Healthy Student Behaviors, and the Office of the Dean of Students
are all resources.
- If I report to a University office, will
my name be used elsewhere?
Your name will not be used if you file a blind report. If you file a full
report and/or want the attack prosecuted, then your name will be recorded.
- If the sexual assault took place off campus,
why should I report it to someone on campus?
The services that the University provides are available to students regardless
of whether the assault took place on or off campus. By being a UNC-CH student,
you have the opportunity to use the resources for free, which includes the
Student Honor Court, Public Safety.
- Will my professors know?
Your professors will not know unless YOU want to tell them. If you file a
blind report, your professors will not know. Student Health Services, the
Office of the Dean of Students, CAPS and the Rape Crisis Center all offer
confidential services.
- Why should I consider reporting the incident
to the Student Attorney General?
Consider reporting the incident to the student attorney general if you want
the perpetrator of the assault to face the consequences of his or her actions
within the university community. Sanctions for sexual assault (if the perpetrator
is a student and is found guilty in an Honor Court hearing) include recommended
expulsion and indefinite suspension.
- What options do I have as far as pursuing
a charge against the accused student?
Any alleged sexual assault gives rise to criminal charges, a private cause
of action for damages, and prosecution under the university honor code. The
state, through the Orange County District Attorney, prosecutes crimes. You
would need private counsel to bring a tort claim. The student attorney general's
office handles honor code violations, which include sexual assault. You may
also charge him or her through these means as well.
- How do I file a report with the Student
Attorney General?
Send a letter or email the Student Attorney General detailing your complaint
and naming the perpetrator. You may also make an appointment to meet with
the Attorney General in person to discuss the incident.
- What if I need to talk to an attorney?
You may use Student Legal Services located in the Student Union for basic
information and for referrals to local attorneys and law counselors. There
services are free.
- If I report a sexual assault, will that
affect my academic record?
No. This will not affect your academic record at all.
- What if I am accused of sexual assault?
Where can I go get some help?
If the case is brought to Honor Court, you will automatically be assigned
a counsel to defend you. If you are being charged by the criminal court then
you can speak to the attorneys at Carolina Student Legal Services. They cannot
represent you on a criminal charge, but they can answer basic questions and
help you locate counsel. You may be charged both through the student judicial
system and through the criminal court.
- What if I am accused of sexual assault and
it is not true?
No action will be taken that would deprive the accused student of rights guaranteed
by the United Sates Constitution, federal or state law, or the University's
Instrument of Student Judicial Governance, including but not limited to the
right to the presumption of innocence until proven guilty and the privilege
against self-incrimination. An individual who is accused of sexual assault
and is an enrolled UNC-CH student has the same right to general service and
assistance from the University agencies as any other student.
- What if I need general information about
sexual assault, but don't necessarily want to report an incident?
The Office of the Dean of Students, the Center for Healthy Student Behaviors,
Student Health Services, CAPS and the Rape Crisis Center all have information
on sexual assault. There are also many resources on the World Wide Web.
- Are the University's services free?
Most services are free. Some medicine and testing done at Student Health Services
may have a charge.
- Are the University's services available
for non-students when assaulted by a UNC-CH student?
Using the services to file a police report is available and having the agencies
pursue a crime committed by one of our students, faculty, or staff members
will be done, but other health services or support services will have to be
done through the non-student's own school or community
- Are the University's services available
for dependents of UNC-CH students?
Only enrolled spouses of actively enrolled UNC students are eligible for the
services.
- What if I don't want a friend to go with
me to the hospital or the police or anywhere else? Who can go with me?
The Orange County Rape Crisis Center has companions who will accompany you
to wherever you want to go. If you live in a residence hall, you can ask your
RA or the RA on duty to go with you. Someone in the Office of the Dean of
Students can also go with you.
- What if I no longer feel safe in my room
or residence hall?
There is the option of switching residence halls. Housing and Residential
Education has a "Safe Room" that you can stay in for a couple of
nights. Then arrangements can be made, depending on room availability for
you to move out.
- Where can I get an HIV/AIDS test?
The Center for Healthy Student Behaviors at Student Health Services offers
FREE protected confidential HIV testing. Call 966-6586 for an appointment.
Protected confidential testing means students are asked to sign a consent
form agreeing to be tested. If the test result is negative, the consent form
is given back to the student. If the test is positive, the name is reported
to the state health department as required by North Carolina law. This information
is NOT stored in the student's medical record, and NO medical record is kept,
regardless of the test result.
- Are these services available to me if the
sexual assault did not happen in Chapel Hill?
Student Health Services and CAPS are also still available to you. When you
report the assault to the police or the Dean of Students office, the information
is passed on to the jurisdiction of where the assault happened, and they will
be able to pursue the matter further.
- What if the sexual assault happened before
I was a student at UNC-CH?
Services are available to all actively enrolled students who have paid the
student health fees, no matter where or when the event occurred. The Student
Health Services, CAPS, and Rape Crisis Center will be available, even if the
assault happened before you are student at UNC-CH. If you report it to the
police, or the Dean of Students office, the information is passed on to the
jurisdiction of where the assault happened, and they will be able to pursue
the matter further. You may be a part of any support group regardless of when
the assault happened.
- What if the incident begins affecting my
course work?
You can talk to anyone in the Office of the Dean of Students. They will provide
you with options on dropping a class, talking with your professors or withdrawing
from school.
- Are there any support groups for survivors
of sexual assault?
Yes. The Orange County Rape Crisis Center has support groups. CAPS offer both
group and individual support to survivors.
- Are there any support groups for friends
and families of survivors?
Yes. The Orange County Rape Crisis Center holds support groups for "secondary
survivors". CAPS offers individual support to secondary survivors and
other persons affected by or associated with sexual assault.
- Is there a 24-hour number available to report
sexual assault that is different from the police?
The Orange County Rape Crisis Center has a 24 Hour Crisis Line. All services
are free and confidential.
Call 967-7273 or 1-800-616-3696. Student Health Services also has a 24 hour
line which is 966-2281.
- Is there a rape crisis center in Chapel
Hill?
Yes. The Orange County Rape Crisis Center is located at 825A Estes Drive.
The 24 Hour hotline number is
1-800-616-3696 or 967-7273.
- Is there a women's center in Chapel Hill?
Yes. The Chapel Hill Women's Center is located at 210 Henderson Street. Its
phone number is 968-4610.
- Is there a domestic violence center in Chapel
Hill?
Yes. The Family Violence Prevention Center is located at the corner of Rosemary
and Henderson Streets. The Center offers a variety of services including 24
crisis intervention, shelter placement and transportation, case management,
court advocacy, and support groups. The 24 hour crisis line number is 919-929-7122
or 1-866-929-7122.
- What can I do to help
stop sexual assault?
There