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2016-17 Student Handbook

V. Policy on Sexual Assault A. Introduction The University of South Carolina Upstate is an academic community preserved through mutual respect and trust of the individuals who learn, teach and work within it. Chief among the University’s goals is a commitment to educating men and women to become responsible citizens. In this regard, the University is dedicated to maintaining a campus environment that actively discourages and condemns violence of any kind. Therefore, the University does not tolerate or ignore acts of sexual violence. As members of the University community, all individu-als are expected to comply with and abide by the University policies and guidelines, Title IX, in addition to federal, state, and local laws whether off campus or on-campus. The use of alcohol and other drugs in conjunction with an incident of sexual assault and/or acts of violence does not mitigate accountability for the commission of these acts or diminish the serious-ness of the offense. The Student Right-to-Know and Campus Security Act (the Clery Act) of 1990 mandates the annual disclosure of statistics of sexual assaults and violent acts known to have occurred within the university’s jurisdiction. The survivor’s identity is not disclosed, in any such statistical reporting. Any act that constitutes a sexual assault or interper-sonal violence of another person will not be tolerated and is a violation of the university’s Code of Student Conduct, and may result in sanctions ranging from probation to expulsion. Disciplinary action on the part of the university does not preclude the possibility of criminal charges against the individual. Campus disciplinary procedures may proceed with or without prosecution by local, state or federal authorities. Disciplinary action will follow current University policy outlined in the Code of Student Conduct. These acts are defined in the following ways: Stalking Definition: a pattern of conduct that is intended to cause or does cause a person to fear: (1) Death or death of others important to that person; (2) Assault or assault of others important to that person; (3) Bodily injury or bodily injury of others important to that person; (4) Sexual assault or sexual assault of others important to that person; (5) Involuntary restraint or involuntary restraint of others important to that person; (6) Damage to property or damage to proper-ty of others important to that person; (7) Confinement or confinement of others important to that person, (8) Threats of harassment via electronic devices. The relationship between the perpetrator and the victim may be a current or former partner or spouse, dating relationship, acquaintance, or stranger. 133 • A member of the University community shall not retaliate, or attempt to cause retaliation against any person (1) who reasonably protests against sexual harassment practices within the University or (2) who becomes involved in any capacity in the procedures established in this Policy. • However, discipline may be imposed on a member of the University community who abuses the procedures established in this Sexual Harassment Policy: (1) by making claims of sexual harassment knowing them to be false or in reckless disregard of their truth or falsity, or (2) by making claims involving conduct that this person knows or has reason to know are not prohibited by this policy. • A member of the University community shall not refuse to cooperate in the investigation of a sexual harassment complaint, but may assert whatever testimonial and evidentiary privileges available to that person by law. Sanctions Persons who violate the University of South Carolina System Non-Discrimination and Equal Opportunity Policies are subject to appropriate discipline by the University. If an investigation results in a finding that this policy has been violated, the mandatory minimum discipline is a written reprimand. The discipline for the most serious violations may be termination from employment (and revocation of tenure) if the violator is an employee or permanent expulsion if the violator is a student. They may also be subject to civil damages or criminal penalties. Violations of this policy by students, including graduate assistants, will be governed by the following disciplinary procedures: 1st Offense: probation, community service, correc-tive action and in severe cases, suspension. 2nd Offense: suspension 3rd Offense: expulsion Enforcement Procedures: Sources of advice and assistance with the procedures of the Non-Discrimination and Equal Opportunity Policies are available to all members of the community. They include: the dean of students (students); director of employee relations and equal opportunity (any member of the University community) the vice chancellor for administrative and business affairs (employees) and the executive assistant to the president for equal opportunity programs. --Dean of Students, Campus Life Center, Rm 303, 864-503-5107 --Director of Employee Relations & Equal Opportunity, Administration Bldg., Rm 310 , 864-503-5344 --Vice Chancellor for Administrative & Business Affairs, Administration Bldg.,Rm.302, 864-503-5490 The Office of Employee Relations & Equal Opportunity can also provide training in the prevention, education, and the law relating to sexual harassment. 129 ‘16 - ‘17 Student Handbook


2016-17 Student Handbook
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