If you are the victim of Sexual Assault, you should call 911 and Campus Security (731) 697-9765.
Mrs. Sherrill Berry Scott | Title IX Coordinator | 731.426.7522
Mr. Darryl K. McGee | Deputy Title IX Coordinator | 731.425.2550
Ms. Kelly R. Boyd | Title IX Investigator | 731.426.2547
Ms. Kimberly Morris | College Counselor | 731.426.7619
Ms. Alicia Moore | College Nurse | 731.265.6604
Reverend Freeman McKindra | College Chaplain | 731.426.7612
SEXUAL ASSAULT POLICY
Lane College is committed to maintaining an academic environment free from any form of sexual misconduct or sexual assault. Sexual misconduct is socially irresponsible and violates the rights of other individuals. Nothing an individual does, say or wears give another individual the right to assault someone. Sexual assault is a crime and will be dealt with accordingly. Sexual assault involves any act of forced, coerced, or non-consensual sexual intercourse or sexual contact. An individual is unable to give informed consent if they are asleep, intoxicated, unconscious, or in some other way physically or emotionally unable. Sexual assault is also the term used to define any unwanted touching of an intimate part of another person.
DEFINITION OF SEXUAL ASSAULT
Sexual assault, including rape, occurs when a person is forced or coerced physically, verbally or by deception into any type of sexual conduct or contact with another person whether the assailant is a friend, acquaintance or stranger. Sexual offenses, as defined in the Tennessee Code Annotated, Chapter 13, Part 5, includes aggravated rape, rape, aggravated sexual battery, sexual battery, and statutory rape.
Acquaintance rape is a form of sexual assault that includes manipulation within a relationship. This manipulation includes using acquaintance to gain trust and take advantage of the victim’s vulnerability. Acquaintance rape includes:
- Having sexual relations against the victim's will and without the victim's consent.
- Having sexual relations with someone who is drunk or high and therefore unable to give consent.
- Using physical force or threats of physical force to coerce the victim into sexual relations.
- Using emotional manipulation and/or threats to coerce the victim into sexual relations.
FACTS ABOUT SEXUAL ASSAULT
Sexual assault can happen to anyone of any age, race, gender, and socioeconomic background– at any time or place.
- Sexual offenders can be of any age, race, class, or occupation.
- Sexual assault occurs as frequently during the day as it does at night.
- Acquaintance rape by a friend, new acquaintance, or co-worker is frequent, particularly among young, single women.
- Statistics show that fifty percent of sexual assaults occur in or around a woman's home and fifty percent are during the day.
- Every two minutes, someone in the United States is sexually assaulted.
- Forty-four percent of the victims are under 18 years or age.
- Eighty percent of victims are under 30 years or age.
- Each year, there are about 207, 754 victims of sexual assault in the United States.
- Fifty-four percent of sexual assaults are not reported to the police.
- Approximately two-thirds of assaults are committed by someone known to the victim.
- Thirty-eight percent of rapists are a friend or acquaintance.
- Up to sixty percent of sexual assault offenders reported being under the influence of alcohol.
- Forty percent of victims of sexual assault had been drinking alcohol.
College students of traditional age are vulnerable to being victims of sexual assault. The new setting coupled with sexual impulses and peer pressure may lead to dangerous experimenting with new freedoms. Acquaintance rape is prevalent on College campuses. Acquaintance rape refers to the fact that the victim knows the assailant prior to the rape. The assailant may be a friend or significant other or someone who knows the victim from living in the same residence hall or apartment complex or having a class together.
Most sexual assaults involve the use of alcohol by both the assailant and the victim. The mood-altering effects of alcohol reduce inhibitions, as well as the ability to assess dangerous situations and safeguard one’s self. Sexual conduct when the victim is intoxicated is sexual assault because a person is unable to give informed consent when drunk. Intoxication of the assailant does not diminish responsibility.
HOW TO HELP PREVENT SEXUAL ASSAULT
There is no absolute way to protect yourself against sexual assault, but there are simple common-sense precautions that can help minimize risk. Be aware of your surroundings and don’t let alcohol or anyother drugs cloud your judgment. Be assertive and always demonstrate that you are in control.
- Keep your doors and windows locked when you leave your apartment or automobile.
- Watch your keys. Don't lend them. Don't lose them. Don't leave them. Don't put your name and address on your key ring.
- Know your limits when it comes to using alcohol.
- Don't prop open self-opening doors.
- Lock you door and windows, even if you leave for just a minute.
- Always watch for unwanted visitors. Know who is on the other side of the door before you open it.
- Walk with confidence. The more confident you look the stronger you appear.
- Keep out of isolated areas such as underground garages, offices after business hours, and apartment laundry rooms.
- There is safety in numbers. Walk with a companion or with a group at night and stay in well-traveled, well-lit areas.
- Trust your instincts. If you feel uncomfortable in your surroundings, leave.
- Have your key ready before you reach the door - home, car, or work.
- Park in well-lit areas and lock the car, even if you are only going to be gone for a few minutes.
- Drive on well-traveled roads with the doors and windows locked.
- Never hitchhike or pick up a hitchhiker.
- Keep your car in good shape with plenty of gas in the tank.
- In the event of car trouble, call for help on your cell phone. If you don't have a phone, put the hood up, lock the doors, and put a banner in the window that says, "Help. Call Police."
- Be careful about giving out personal information (address, location, etc.) on social media sites.
WHAT TO DO IF YOU ARE A VICTIM OF SEXUAL ASSAULT
Any student who believes that she/he has been sexually assaulted or that an act of sexual assault has taken place may notify any Campus Security Authority, such as the Vice President for Student Affairs, the Executive Vice President, the Director of Safety, Counselor, Nurse, a Residential Life staff member, faculty advisor, or athletic coach. Any one of these people will immediately notify the Vice President for Student Affairs that an accusation of sexual assault has been made.
The College recognizes that a sexual assault is more than an assault on an individual’s body, but is also an invasion on the individual’s dignity and sense of self. Out of respect for the individual choices available to a sexual assault victim and to support her/his privacy needs after an incident, the College leaves the decision to file a formal student complaint, a formal sexual harassment complaint, or criminal charges up to the individual victim. Resources for assistance will be discussed, but all members of the College community will abstain from demanding that the victim report, not report, or under-report a sexual assault. The College reserves it right to investigate an incident using all available information from any source, and will cooperate with the efforts of local, state, and federal law enforcement agencies to apprehend individuals who may have committed acts of sexual assault.
The College encourages a sexual assault victim to take the steps listed below. In the event, the victim is physically or psychologically unable to make his/her own decisions, normal emergency medical and psychological procedures will be followed, including taking the victim to the hospital and calling a member of the Counseling staff.
The following steps are those which Lane College encourages all victims to consider:
1. The victim is advised to immediately contact a friend, Residential Monitor, Counselor, Nurse, College faculty or staff, or someone with whom they feel safe.
2. The victim is advised to seek medical attention at Jackson-Madison-County General Hospital or Regional Hospital in order to protect an individual’s own health and to attend to any injuries, possible pregnancy, or infections (sexually transmitted diseases). Emergency Room personnel are trained in the collection of physical evidence, which will be helpful and necessary if a victim should choose, then or at a later time, to utilize the legal avenues available in prosecuting his/her assailant.
3. The victim is advised to not change clothes, shower, bathe, or douche and if possible, not to urinate in order to preserve all evidence. In addition, victims are advised to save all clothing, linens, or other items that may have been touched by the assailant so they may be given to the Jackson City Police or Madison County Sheriff Department for evidence.
4. The victim is advised to contact the Jackson Police Department or Madison County Sheriff Department immediately following an assault. Institutional employees will assist the victim in notifying the authorities, if the student requests the assistance of these personnel. Once the assault is reported to law enforcement officials, the police will file charges if the evidence warrants such action.
5. The victim is advised to alert the appropriate administrative personnel of the College of the assault as soon as possible in order to assure that the victim and other potential victims have a safe campus environment after an incident. At Lane College, this official is the Vice President for Student Affairs. Reporting a sexual assault does not commit a victim to filing a complaint with the College. The information will be kept confidential to the fullest extent permitted by law. Incidents of sexual assault may be reported by the victim or by another individual who shall serve as a liaison with the Office of Student Affairs. The liaison could be any faculty, administrative or professional staff member at Lane College. This person may assist the victim during any investigative proceedings. If the victim wishes, action will be taken to assure her/his safety. These actions could include: relocation to another room or residence hall, changing of room locks, contacting professors, adjusting class schedules, and assisting with filing a legal protection order against an assailant. The victim is also advised to consider whether she/he wishes to file a formal complaint with College authorities.
6. The victim is advised to utilize as many of the following services as will be helpful: the Counseling Center, Health Center, Student Affairs Office, College Chaplain, Women’s and Men’s Rape and Resource Assistance Program (WRAP), Tennessee Coalition Against Domestic and Sexual Violence, and S.S. Wolfe Counseling. Services are also available in other counties adjacent to Madison County.
Lane College reserves the right to pursue adjudication of an incident of sexual assault apart from and independent of any legal recourse a student might choose. An individual who decides against filing a criminal complaint does not relinquish the right to an institutional investigation. Sanctions which might be imposed upon an assailant by the College are not predicated upon, or limited to, those which might be administered through a court of law. The College makes no attempt to shield members of the Lane College Community from the law, nor does it initiate involvement in legal proceedings against a member of the Community. Membership in the Lane College Community does not exempt anyone from local, state, or federal laws, but rather imposes the additional obligation to abide by all of the College’s policies.
Lane College also reserves the right to hold its students and employees accountable for acts of sexual assault at all times and places. The jurisdiction of the Lane College Sexual Assault Policy includes campus property, off-campus property, as well as any College-sponsored event which takes place off-campus (i.e., athletic event, concert tour, trip, conference, retreat, etc.). The jurisdiction of this policy also includes any conduct which occurs off-campus which is deemed to have a negative impact on the campus.
COLLEGE HEARING PROCESS AND DISCIPLINARY SANCTIONS
When a report of sexual assault is filed with the Office of Student Affairs, the following hearing procedures will be followed:
1. When applicable, the accused student will receive a written notification of the charge(s) against him/her or the alleged violation. The notice will cite the accuser/complainant, witnesses, date, time, and place of the hearing.
2. The administrative judicial hearing will follow this procedural guide for conducting a hearing: the Faculty/Student Hearing and Disciplinary Committee or the designee of the Vice President for Student Affairs will assume responsibly for making the determination as to the guilt or innocence of the accused student and recommending the sanction for the said offense. In some instances, a faculty/staff member and a student may be asked to participate in the hearing.
3. The President or his designee will notify, in writing, the accuser and other appropriate persons of the decision and sanction imposed. If the student is found guilty, a copy of the notification will be sent to his or her parents and appropriate College personnel.
PROCEDURES FOR DISCIPLINARY HEARINGS
Judicial Councils are fact-finding bodies and their hearings are not intended to simulate a court of law. Therefore, the parties involved present at the hearings of any judicial body will be the following: the accused, the accuser, witnesses, and representatives for the accused and accuser.
At least a quorum of the members of the judicial body must be present. No person shall attend the hearing that is not herein defined. If an open hearing is desired by the accused, she/he should make this request to the Chair of the judicial council within 24 hours prior to the start of the hearing. If a member of the judicial body is responsible for a case being brought before the judicial body, that member must disqualify herself/himself from the case.
GUIDELINES FOR CONDUCTING THE HEARING
The Chairperson of the judicial body will convene and preside over the hearing according to the following guidelines:
1. The hearing begins when all are seated and ready to commence.
A. The Chair asks both the accused and the accuser if they are ready.
B. The Chair stresses the confidential nature of the proceedings and reminds those present that they are obliged to speak the truth whenever they are speaking during the hearing.
C. The Chair asks both the accused and accuser if there is any member of the Council either wishes to challenge. (See The Judicial System, Rights of the Accused, Section G, Student Handbook).
D. The Chair calls the hearing to order and reads the charge(s) that has (have) been filed by the accuser.
E. The Chair asks the plea of the accused. If the accused pleads guilty, the Chair excuses the parties and the Council members confer on the sanction to be imposed for said violation.
F. The recorder, elected by the body, maintains a written record of the proceedings. The accuser then opens her/his case. The accuser presents her/his opening remarks, states the nature of the accusation(s) and, in a brief statement, outlines the major elements of her/his case. The accuser then calls her/his witnesses, if any, one at a time. After each witness testifies, the accused may cross examine the witness if she/he wishes to do so. The members of the Council may also question each witness if they have questions after which the accuser calls the next witness. The members of the Council may also question the accuser if they have any questions.
2. The accused now follows the same procedures as above, namely direct examination, cross examination, and questions by the members of the Council.
3. After all presentations from the accuser, the accused, and their witnesses, the floor is opened to the members of the Council by the Chair. The members may direct questions to the accuser, the accused, and their witnesses for the purpose of clarification.
4. The accuser presents her/his closing remarks (summarizing the prior testimonies, how they relate to the case, etc.
5. The accused presents her/his closing remarks in a like manner.
6. After hearing from all parties, the Chair dismisses them and the members of the Council make their decision on the facts of the case (as below) based upon a majority of the quorum secret vote.
A. Guilty: There is sufficient evidence to believe that the accused committed the violation.
B. Not Guilty: There is insufficient evidence to believe that the accused committed the violation.
7. After the Council has determined whether the accused student is guilty or not guilty, the Chair reconvenes all parties to hear the decision, the sanction recommended, and the appeal procedures.
8. The Chair, within 24 hours, shall send a written notification of the decision to the President and Vice President for Student Affairs. If the accused student is found guilty, the President or his designee will send a copy of the sanction to the student and appropriate College personnel. The sanction may include, but is not limited to any of the following: loss of housing contract, restitution, mandatory counseling, probation, suspension or expulsion.
PROCEDURE FOR APPEAL
Both the accused and the accuser may file an appeal within 24 hours after receipt of the written notification of the President’s decision. The decision of the Faculty-Student Hearing and Disciplinary Committee may be appealed to the Appeals Committee consisting of the President, Vice President for Academic Affairs, and the President of the Student Government Association.
RIGHTS OF THE VICTIM OF A SEXUAL ASSAULT
In an effort to be sensitive to the needs of a victim of sexual assault, the following are basic rights to which every victim is entitled:
- The right to be believed. The Lane College administration and staff are committed to listening to the victim’s situation and taking the complaint seriously.
2. The right to safety. If the victim feels that she/he continues to be in a dangerous situation, Lane College personnel will work with the victim to insure her/his safety.
3. The right to not be academically penalized. At the victim’s discretion (and with the victim’s consent), contact will be made with professors to explain absences from class, missed assignments, etc.
4. The right to advocacy. Lane College offers staff members (Campus Counselor, College Nurse, and Campus Chaplain) who are available to serve as the victim’s advocate through judicial and recovery processes.
5. The right to confidentiality. All matters regarding sexual assault will be handled in a confidential and respectful manner.
IF YOU KNOW SOMEONE WHO HAS BEEN THE VICTIM OF SEXUAL ASSAULT
If you know someone who has been the victim of sexual assault, the following are suggestions of things that you can do to help:
1. Be supportive. Give the person the opportunity to express and talk about her/his feelings, fears, and reactions as she/he chooses.
2. Encourage the individual to seek medical attention as soon as possible. It is important to encourage an individual not to bathe, wash, or change clothes immediately following a sexual assault before seeking medical attention.
Seeking medical attention is both to safeguard the health of the victim and to preserve valuable evidence should she/he decide to report the attack and prosecute the assailant.
3. Suggest that the individual talk with someone trained to help sexual assault victims. The list of on-campus and off-campus resources can be found at the end of this document.
4. Encourage the individual to report the assault to both the Jackson Police Department and the Vice President for Student Affairs.
EDUCATION AND PREVENTION PROGRAMS
Lane College takes very seriously the important role which education and prevention programs play in a safe campus environment. The College is committed to providing this type of programming for its community. This commitment is exemplified through an acquaintance rape seminar provided by the Office of Counseling Services, the Lane College Sexual Harassment Policy, the Lane College Sexual Assault Policy, and the Statement of Rights and Responsibilities in the Student Handbook. Additionally, pamphlets and other resource materials can be found in the Office of Counseling Services.
Lane College believes that a well-informed community can better prevent the incidence of sexual assault. The Office of Student Affairs, in conjunction with the Office of the Executive Vice President, will give timely notice to the College community when an assault or attempted assault is reported on campus so that the community can take appropriate steps to prevent this type of activity in the future. This notice will be given through the e2Campus Emergency Notification System, email, postings, or a combination of these communication vehicles. The name of the victim will not be released by the Vice President for Student Affairs in any notifications to the community members informing them of information pertaining to the offense. Also, such notifications will not include information that would cause the victim to be notified. Thus, the College will strive to balance its concerns for the privacy of victims of sexual assault with its duty to warn members of the Lane College community when serious crimes are reported.
The College is committed to campus security that prevents or at least reduces criminal activity. Close attention is paid to campus lighting and building security. The College employs a security staff to provide surveillance including the checking for unlocked or blocked open doors. The College also utilizes camera surveillance systems in all of its residential facilities. All buildings are equipped with a burglary alarm system. The buildings are armed and monitored daily by an outside vendor. Additional information about campus security can be found in the Lane College Safety Manual and Campus Safety Pocket Guide.
The following individuals and agencies can be contacted for assistance in the event that a sexual assault occurs. The decision of who is called rests solely with the victim, although the College encourages victims to follow the emergency procedures outlined earlier in this Policy in the section entitled, Emergency Procedures and Reporting Options.
- Office of Student Affairs, 426.7522 or Ext. 7522
- Department of Security, 426.7645 or Ext. 7645; or 731.697.9764 o Counseling Services, 410.6730 or Ext. 6730 or 731.326.0249
- Health Services, 256.8904 or Ext. 8904 or 731.444.0923
- College Chaplain, 426-7543 or Ext. 7543
- Hamlett Hall, 426-7574 or Ext. 7574
- Cleaves Hall, 426-7515 or Ext. 7515
- Orchards Hall, 256-8744 or Ext. 8744
- Jennie E. Lane Hall, 215-1532 or Ext. 1532
- Eastbrooke Complex, 256-8639 or Ext. 8639
- Graves Hall, 426-7566 or Ext. 7566
- Smith Hall, 426-7530 or Ext. 7530
- Edens Hall, 256-8844 or Ext. 8844
- Alumni Hall, 868-1233 or Ext. 1233
- Harper Hall, 215-1753 or Ext. 1753
- Emergency, 9-911
- Jackson Police Department – 731-425-8400
- Madison County Sheriff’s Department, 731-423-6000
- Jackson-Madison County General Hospital, 731-541-5000
- Regional Hospital, 731-661-2000
- Women’s Resource and Rape Assistance Program, 731-668-0411
- Tennessee Coalition Against Domestic and Sexual Violence, 1-800-289-9018 or www.tcadsv.org
- S.S. Wolfe Counseling, 731-686-9383
The State of Tennessee Sex Offender Registry can be accessed by using the following web address: www.tbi.tn.gov/sex_offender_re... STATISTICS AND CRIME LOGS
Crime statistics are reported to the Tennessee Bureau of Investigation (TBI) and available online at http://tennesseecrimeonline.com/. These are all on-campus offenses that conform to the FBI rules for incident based reporting (IBRS) as opposed to the older, but still used, Uniform Crime Report. The statistics are required to be submitted monthly with all corrections made by January of each year for a spring publication. TBI conducts audits at least semi-annually to ensure quality data submission. The FBI and Department of Justice conduct audits randomly each year at reporting agencies.
The second set of statistics is required for the Department of Education as a part of the Campus Crime Statistics Act (Clery Act) and includes crimes that occur in non-campus buildings as well as public property. Crimes that occur in residence hall facilities are reported specifically in addition to the campus total crimes. Drug offenses, liquor law violations, and weapons offenses also include referrals, which could have been made directly to the Office of Student Affairs by any student, employee or department without the knowledge of Campus Security. A three-year comparison is required for this report. The Department of Education requires submission yearly to a secure website by mid-October. The report can be viewed by the public at http://ope.ed.gov/security. The Department of Education also conducts audits randomly for regulatory compliance and quality assurance of date submitted.
Access to Lane College Crime Log is available through the Office of Student Affairs. Any questions or concerns may be directed to the Office of Student Affairs.