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Sexual Offense Policy

The Sexual Offense Policy contains information about Woodbury University' commitment to educating the campus community about sexual assault and providing support to assault victims.

Woodbury University hopes that both women and men will take advantage of the resources available here in order to assist in the development of a campus environment conducive to all members’ personal and academic success.

Overview and Statistics

Policy

Preventing Sexual Assault

Date Rape Drugs - What You Need to Know

What to Do If You Are Sexually Assaulted

How to Help a Friend

Education and Prevention Programs at Woodbury University

Sexual Assault Report Form (anonymous)

Sexual Assault Victims Advocate Program

 

Woodbury University Sexual Misconduct Policy

Woodbury University is strongly committed to providing an educational and employment environment that is free from discrimination, harassment, and exploitation. In addition to abiding by University policies and federal and state laws, each of us has a responsibility to foster a community in which people are safe, are able to pursue their responsibilities free of inappropriate interpersonal behavior, and are able to perform to the best of their abilities.

Woodbury University will not tolerate sexual misconduct under any circumstances. Any Woodbury University student, faculty member or staff member (this includes University vendors and its employees) who is responsible for sexual misconduct will be subject to University judicial procedures, which, depending on the nature of the offense, may result in suspension, expulsion, or termination of employment. Those responsible for sexual misconduct may additionally be subject to legal prosecution. 

Sexual misconduct is any nonconsensual sexual contact or exploitation.  Nonconsensual sexual contact is sexual contact accomplished by force, threat of force, coercion, intimidation, or incapacitation by drugs or alcohol.  A more specific definition of terms and California laws regarding sexual assault can be found in Appendix A. 

Sexual Contact is any contact with another person’s breast, buttocks, groin or genitals, touching another person with any of these body parts, or making another person touch you or themselves with or any of these body parts.

Consent requires a mutually understandable verbal or nonverbal agreement to engage in or continue to engage in sexual interaction. 

  • A current or previous friendship, dating or marital relationship is not sufficient to constitute consent. 
  • Consent cannot be obtained from a person who is unconscious.
  • Consent cannot be obtained from a person who is incapacitated by any intoxicating or anesthetic substance such as alcohol or drugs. 
  • Consent can be withdrawn.  Thus, even if a person agreed to sexual interaction, that person has the right to change her or his mind, irrespective of how much sexual contact may have already taken place.
  • Sexual contact in which consent was not obtained or was obtained under coercive conditions is considered sexual misconduct.

Incapacitation means being in a state where a person lacks the ability to fully comprehend what is occurring at a given time.

Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another, and the behavior does not otherwise constitute another form of sexual misconduct.  Examples of sexual exploitation include, but are not limited to, prostituting another student, exceeding the boundaries of consent (i.e., allowing others to surreptitiously observe you engaging in consensual sex), engaging in peeping tommery, non-consensual photo-taking, video or audio taping of sexual or other private activity, or engaging in sexual activity with another person while knowingly infected with HIV or another STD and without informing the other person of such infection.

 

Woodbury University Procedures for Handling Sexual Misconduct

Students who are victims of sexual misconduct are encouraged to notify a member of the Student Affairs staff, a Resident Advisor, one of Woodbury’s Sexual Assault Victim Advocates or Campus Security.  Students also have the option to notify a local law enforcement agency and the option to be assisted by campus personnel in notifying these authorities.  Students should note that physical evidence collected soon after the offense may be necessary for proof of criminal sexual assault. 

Students who are victims of sexual misconduct are further encouraged to seek appropriate medical attention and to get help and support such as counseling from the Counseling Center.  For detailed information regarding steps to take if you have been sexually assaulted, please refer to the Sexual Assault Awareness Procedures information section of the Woodbury University Student Life webpage at www.woodbury.edu.

A victim or anyone assisting a victim should complete an Anonymous Sexual Report Form and submit it to the Office of Student Affairs.  By federal law, incidents of sexual misconduct that are known to any member of the staff or faculty of Woodbury University (except counselors in the Counseling Center) must be reported to the Office of Student Affairs.  This report is used for statistical purposes and contains only the nature of the incident and the location.  No names are involved unless the victim chooses to make a formal report.  This information can assist campus officials in improving prevention efforts. 

Woodbury University Procedures for Handling On-Campus Judicial Action

Students
Allegations of sexual misconduct by students against any member of the campus community will be addressed through the Office of the Judicial Administrator in the Office of Student Affairs following the procedures outlined in the Judicial Process section of the Woodbury University Student Handbook.  Violators are subject to sanctions outlined in the Woodbury University Student Handbook, up to and including suspension and expulsion from the University. 

Both the complainant and the respondent shall be informed of the outcome of any formal proceedings.  Both parties have the right to bring a support person to the hearing.  The complainant further has the right to testify by means other than being in the same room as the respondent.  If the student who has filed the complaint requests a change in academic, living or work arrangements as a result of the alleged offense, the University will make every effort to accommodate such requests.

Faculty and Staff
Allegations of sexual misconduct by faculty members will be addressed through the Vice President for Academic Affairs.   Allegations of sexual misconduct by staff members will be addressed through the Director of Human Resources. 

Allegations made against faculty members or staff members are subject to the applicable provisions and procedures of their contracts, which include, but may not be limited to, provisions related to disciplinary and discharge actions. 

Education of the Campus Community

The Office of Student Affairs offers educational programs for students, faculty and staff that promote open discussion of rape, acquaintance rape and other sexual misconduct, encourage reporting, and provide information regarding prevention.  Educational material including brochures, videotapes and articles are available.  The Office of Student Affairs also publishes procedures that inform victims of sexual misconduct of services and support available to them.   All members of the university community are encouraged to become familiar with the different resources available on campus and in the local community. Student Affairs personnel receive annual training about appropriate responses to allegations of sexual misconduct.
 

Appendix A

Sexual Offenses

(from California State Penal Code)

Rape is an act of sexual intercourse accomplished with a person under any of the following circumstances:

  • Where a person is incapable, through unsoundness of mind, whether temporary or permanent, or giving legal consent.
  • Against a person’s will be means of force or fear of immediate and unlawful bodily injury on the person or another.
  • Where a person is prevented from resisting by any intoxicating, narcotic, or anesthetic substance, administered by or with the privity of the accused.
  • 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.

 

Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another.

Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another.  Any sexual penetration, however slight, is sufficient to complete the act of sodomy.

Penetration of genital or anal openings by foreign or unknown objects is penetration, however slight, of the genital or anal openings of another person, by any foreign object, substance, instrument or device. “Foreign object, substance, instrument, or device” shall include any part of the body except a sexual organ.

Sexual Battery is the touching of an intimate part against the will of another for the purpose of sexual arousal, gratification, or abuse. 

Voyeurism is looking through an opening, or otherwise viewing the interior of any area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside.