Sexual Assault Policy

Choices to Make/What to Expect

People whom you encounter as you deal with the sexual assault should be respectful and supportive of you. Sometimes, however, you can feel particularly alone or vulnerable, and sometimes others can be less sensitive than desirable. Therefore, it is always a good idea to have a friend, advocate or other support person with you.

1. Deciding how you want to respond to an assault; reporting an assault:

See “The Choice is Yours” chart (on the previous page) for a graphic representation of major options on and off campus.

If you believe you have been sexually assaulted and want to tell somebody other than a friend or family member, you have four distinct but not mutually exclusive options; a person may pursue any and all forms of recourse. Only you can decide what to do. In all cases you can decide what material you will and will not disclose. You cannot be forced to bring charges. You cannot be forced to pursue charges if you change your mind. However, as you reach your decision, and as you take all of the necessary steps, keep in mind that what a person did once a person may do again to someone else. Legal action may prevent that from happening. See item 2 below for the College’s commitments.

A. Reporting to the Local Police Department is recommended and external to the College although Campus Safety and Security will gladly make a referral and a representative of the College will accompany you if you wish. This may initiate a criminal investigation responsive to the Indiana Statutes regarding Rape, Sexual Battery and Criminal Deviate [sic] Conduct. See Appendix A.

B. A person may report an assault to Campus Safety and Security which will investigate, and this may initiate formal College Judicial Action pursued by the Associate Dean for Student Conduct in the case of students, or by the College Grievance Officer or Provost in the case of faculty/staff. This path is mostly confidential and, except in the case of a probable felony, which will be reported to the Police, is unlikely to result in any judicial action without the victim’s approval. It is important to know that the victim may have a supporter (any Earlham College community member of their choice) present during the reporting and College Judicial Council processes.

C. For those seeking support and/or information and entirely confidential conversations about the assault (within the limits of the law: if someone is of danger to themselves or others), a person should consult counselors, clergy, doctors and crisis lines. At the College those persons include counselors available at the Counseling and Health Services, the Campus Minister, Student Active Listeners and Student Advocates.

2. How you can expect the College to respond to an assault or a report of an assault:

The College will be supportive of a person assaulted or reporting an assault. You can expect kindness, assistance and information, at the time of the assault and subsequently, from well informed College personnel who are following a written and understood procedure. (See Appendix B for “Responding to Sexual Assault” directions for both on and off campus circumstances.)

The College will investigate all sexual assault incidents and reports of incidents. (investigate is defined as following up on information, perhaps to evaluate, verify, confirm and amplify what is known.) The College will encourage victims of sexual assault to bring charges against a perpetrator, but it cannot compel them to do so. The College will report all possible felonies to the local police authorities as required by law.

The College, however, maintains a higher standard for personal behavior, as reflected in Principles and Practices www.earlham.edu/policies/principles.html and the definitions presented earlier in this document, than that of the State of Indiana Criminal Code. (See Appendix A for Indiana’s Criminal Code definitions.) Therefore, the College may bring charges and initiate internal judicial procedures against an alleged perpetrator. It is important to know that the victim may have a supporter (any Earlham College community member of their choice) present during the reporting and College Judicial Council processes. (See “Judicial Policies and Procedures” at www.earlham.edu/policies/judicial) .

Sometimes, however, complainants choose not to bring charges (and the College can encourage but may not insist that a person do so), or the evidence does not warrant official judicial procedures. It can be discouraging and infuriating if nothing seems to happen in response to a report of an assault or assaults or to anonymous information about a possible assault. While an official judicial response may not be possible in all cases, there are a number of available non-judicial responses to campus events or perceptions. These may take the form of warnings and pointed, serious conversations, or recommendations for counseling and education. It is not a matter of “all or nothing.”

The College promises to act promptly, to vigorously pursue any reports / information it receives, and to make its responses as clear and public as reasonably possible.

3. What to expect regarding confidentiality:

The College does its best to respect the confidentiality of all persons. Counselors, Rape Crisis Lines, Student Advocates, Student Active Listeners, and clergy are not required to report conversations, within the limits of the law. These limits are usually defined as a threat of physical harm to another person or to one’s self.

The confidentiality of all persons involved in a report of sexual assault must be strictly observed, except as it interferes with the College’s obligation to reasonably investigate allegations of sexual assault. Certain College administrators are informed about an assault on a “need to know” and confidential basis, but not necessarily of the identities of the persons involved; Campus Safety and Security, the Director of Residential Life, Area Directors and the Associate Dean for Student Conduct and the Dean of Student Development are legally obligated to gather statistics on campus crime and to report possible felonies to the police.

If an Earlham College faculty member, including Off-Campus Program Leaders and regular personnel (and excluding counselors and clergy) has information about a sexual assault she/he must notify either Campus Safety and Security, the Associate Dean for Student Conduct, the College Provost or, in the case of off-campus programs, IPO. The alleged victim will then be approached by a College official who will offer support and information and inquire about pursuing an external to the College or College Judicial System complaint.

See “Third Party Reporting of Sexual Assault” for additional information.

4. What to expect regarding changes in your living or working arrangements:

If you have reported to the College that you have been sexually assaulted and you want to move, you may request a room change. Room changes under these circumstances are considered emergencies. The College will grant any reasonable request for such a change. Changes in work space or related matters for Faculty and Staff should be discussed with the appropriate senior administrator. The College will work to implement any reasonable request.

5. What to expect from a medical exam:

There are different options for medical exams based upon the purpose of the exam. Action Against Rape (AAR) makes some funds available to pay for medical exams. AAR’s Faculty Advisor administers that fund and can provide information and access. Funds are also available through the Indiana Sex Crimes Victims’ Fund if a person pursues a police investigation. In any case, a person should not skip a medical exam because of the cost. The hospital will perform the exam if requested to do so and, if necessary, the College will exhaust a variety of options to find needed funds.

In each of the circumstances below a woman can receive emergency contraception which can be used to prevent pregnancy any time unprotected sexual intercourse occurs, including after sexual assault. The most common form of emergency contraception comes as a pill (a.k.a. the “morning after pill”): a set of two high dose oral contraceptives. The first dose must be taken within 72 hours of unprotected intercourse, followed by a second dose 12 hours later. Emergency contraception pills are meant to be taken in an emergency situation only and should not be used as a regular method of birth control. The other option to prevent pregnancy is to have a copper-T intrauterine device (IUD) inserted within five days of unprotected intercourse.

Evidentiary Medical Exam in Richmond

An evidentiary exam at Reid Hospital is administered by a nurse and a physician. Reid Hospital recommends, and encourages, victims to bring a friend, family member, or other support person with them who may be present during the exam. The purpose of this exam is to collect evidence that may corroborate that a sexual assault occurred. This will include documenting any genital or non-genital injury in addition to collecting trace evidence (hairs, fibers, debris) and biological evidence (semen, blood and saliva). The exam cannot indicate whether a person was raped, or that consent was not provided; however, it may document injury that is consistent with the force described by the victim or it may identify biological evidence that can be used to identify an unknown assailant. This exam is a total physical exam, including STD, HIV and Hepatitis testing and, in the case of a female, a pelvic exam and Pap smear. The hospital is required to offer emergency contraception and antibiotics for potential sexually transmitted infections. Reid Hospital may also contact Genesis for counseling services for the victim and will contact the Richmond Police.

General Medical Exam

A general medical exam done at Earlham Health Services is administered by a physician and a nurse or by a nurse practitioner and a nurse. Earlham Health Services also encourages victims to bring a support person with them who may be present during the exam. This exam includes STD testing and, in the case of a female, a pelvic exam and Pap smear. A Hepatitis B vaccination, prophylactic antibiotics and emergency contraception are also available. There is no cost to see the doctor or nurse, and medication may be obtained through Health Services at cheaper prices than at a regular pharmacy. A general medical exam done by Earlham Health Services DOES NOT include the collection of evidence; therefore, they recommend that victims go to Reid Hospital for a post-assault exam. An exam at Earlham Health Services is confidential unless the client identifies her or himself as having been assaulted or there is physical trauma indicative of an assault. Any claim or physical evidence of assault would be evidence of a possible felony and therefore require a report to the Associate Dean for Student Conduct and possibly the Richmond Police.

A Private Doctor Examination

The victim of a sexual assault may, of course, consult a private physician and receive a general medical exam that includes all facets of an exam at Earlham Health Services as well as prophylactic antibiotics and emergency contraception. Such an exam DOES NOT include the collection of evidence. It probably will not be confidential if the victim tells about the assault or there is physical trauma indicative of an assault.

6. What to expect from the local police and prosecutor:

You can always report sexual assault to the police regardless of College involvement. While there is an active police complaint, the College will not initiate judicial procedures.

The police and prosecutor will be considering your complaint in light of the Indiana Laws in Appendix A.