8. SEXUAL ASSAULT POLICY

a. Statement Addressing Preventing and Responding to Sex Offenses

The University recognizes that sexual assault is against the law, is prohibited by the UCCS Student
Code of Conduct, and will not tolerate such acts on campus. The University Police will
investigate all allegations of sexual assault and will take appropriate disciplinary, criminal, or
legal action. If you become the victim of a sexual assault at this institution, your first priority
should be to get to a place of safety. It is important that you seek help immediately.

Sexual Assault is knowingly inflicting sexual intrusion or sexual penetration on a victim,
whether by an acquaintance or by a stranger, that occurs without indication of consent of both
individuals, or that occurs under threat or coercion. Sexual assault can occur either forcibly
and/or against a person’s will, or when a person is incapable of giving consent. A person is
legally incapable of giving consent if intoxicated by drugs and/or alcohol; if developmentally
disabled; or if temporarily or permanently mentally or physically unable to do so.

The majority of sexual assaults that occur in campus communities are committed by people
known by their victims, such as casual acquaintances through academic, living, work, social,
or recreational interactions, including dating. Often, these types of assaults are not reported to
University Police or available victim service agencies because people do not think that when a
friend or acquaintance subjects them to unwanted sexual intercourse or contact, this is sexual
assault.

b. Statement on Sex Offenses

      I. Education and Prevention

The University is committed to your safety and, as such, has implemented sexual offense
prevention programs as well as personal empowerment programs to assist you in preventing a
sexual assault. The programs promote your awareness of rape, acquaintance rape, and other
forcible and non- forcible sex offenses. These programs are given several times throughout
the year, with dates made public at the beginning of each semester and announced at new
student orientations. For a full listing of sexual assault education and prevention programs,
please refer to section 6 “Security Awareness, Crime Prevention & Education” beginning on
page 19 of this document,

      II. Procedures students should follow if a sex offense occurs:

1. It is important to preserve physical evidence to prove that a criminal offense
occurred, so victims are encouraged not to wash or bathe. While it is recognized that this is a
normal reaction on the part of most sexual assault victims, it will destroy vital evidence
necessary in prosecuting the criminal offense. University or city police will transport you to an
area hospital where only qualified medical professionals will examine and collect evidence
from your person. In addition, trained rape crisis counselors may be called to assist you and
provide you with counseling and support.

2. If you are the victim of a sexual assault (including date or acquaintance rape) on
campus, get to a safe place as soon as you can and call the UCCS PD immediately at (719)
255-3111. If you are the victim of a sexual assault in the City of Colorado Springs, call the city
police by dialing 9-1-1.

Time is a critical factor for evidence collection and preservation. An assault should be
reported directly to the UCCS PD, CSPD, or to a Residence Life and Housing staff member.
UCCS personnel will assist any victim of sexual assault in reporting the crime to the proper
authorities. Filing a police report with a UCCS police officer will not obligate the victim to
prosecute, nor will it subject the victim to scrutiny or judgmental opinions from officers. Filing a
police report will:

  • ensure that a victim of sexual assault receives the necessary
    medical treatment and tests. Collection of physical evidence is of no
    cost to the victim, whether they choose to file charges or not.
  • provide the opportunity for collection of evidence helpful in
    prosecution, which cannot be obtained later.
  • ensure that the victim has access to free confidential counseling from
    counselors specifically trained in the area of sexual assault crisis
    intervention.

3. You will be treated with fairness, respect, and dignity during all phases of the
criminal justice process. Both the UCCS PD and the CSPD will keep you informed during all
phases of the case including investigation, filing of charges, prosecution, trial and sentencing.

4. University personnel in counseling, student support services, and student life are
available to assist you in reporting a crime to the police, upon request.

5. Contact someone you trust to be with you and support you.

6. Campus disciplinary hearings may be heard in the case of an alleged sex offense.
In each case, the accuser and the accused are entitled to the same opportunities to have
others present during a disciplinary proceeding.

7. There are a variety of assistance and agencies that provide services to victims of
past or current sex offenses and abuse, such as University Counseling Center, 255-3265, and
the University Student Health Center, 255-4444. Please see the listing of additional names
and numbers in the back of this brochure for further on and off campus resources.

      III. Information on student’s options to notify authorities

Reporting an incident of sexual assault is a difficult yet important decision. Making a
report might help with recovery, provide support and services, and prevent the offender from
assaulting someone else. If safety is your primary concern, it is important to contact the UCCS
PD at 255-3111.

      IV. Notification of services for victims of sex offenses.

The Office of the Dean of Students and Office of Residence Life and Housing can
work with you to make reasonable changes to your academic and/or living situations after an
alleged sex offense. If you feel that your current housing situation is no longer safe or
comfortable, they can discuss options for a change of housing to include moving the alleged
perpetrator if they live in UCCS Housing Villages. Sometimes experiencing a sexual assault
or other form of sexual misconduct can compromise concentration, ability to focus on school,
or feeling able to get to class. They can also discuss options for managing academic issues
while maintaining privacy.

V. Procedures for campus disciplinary action in cases of alleged sex offense.

The Office of Discrimination and Harassment and the Dean of Students will determine the most appropriate means for
addressing the report or complaint. Options include: 1) investigating the report or complaint; 2)
resolving the situation through an informal resolution process including but not limited to
mediation or a meeting between the alleged offender and a student conduct officer or a third
party; or 3) determining that the facts of the complaint or report, even if true, would not
constitute a violation of the conduct code or applicable policy. Mediation will not be used in
cases where there is an allegation of sexual assault. The Office of the Dean of Students shall
advise the complainant and respondent of the resolution of any investigation conducted under
this conduct code. When a violation is found to have occurred, a copy of the investigator’s
written report as approved by the standing review committee shall be provided to: (1) the
complainant; (2) the respondent; (3) the Vice Chancellor for Student Success and Enrollment
Management; and (4) the Chancellor.

For more information, see Appendix I of the UCCS Student Code of Conduct at
http://www.uccs.edu/dos/student-conduct.html.

VI. Sanctions that may be imposed following disciplinary proceedings.

Sanctions, in general, can include suspension, expulsion and exclusion from the
University. The Student Code of Conduct prohibits retaliation against any party involved in a
Student Conduct investigation. For more information, see Student Conduct Code Polices &
Procedures at http://www.uccs.edu/dos/student-conduct.html.