Clemson University Police Department

Sexual Assault, Dating Violence, Domestic Violence and Stalking Policy Statement

Clemson University does not discriminate on the basis of sex in its educational programs. Sexual harassment, including sexual assault and sexual violence, is a type of sex discrimination. Other acts can also be forms of sex-based discrimination and are also prohibited whether or not sexually based including dating violence, domestic violence and stalking. Clemson University issues this statement of policy to inform the community of our comprehensive plan addressing sexual misconduct, educational programs, and procedures that address sexual assault, domestic violence, dating violence and stalking, whether the incident occurs on or off campus and when it is reported to a "Responsible Employee." (At Clemson University, Responsible Employees under Title IX are defined as: Clemson University faculty, staff who work directly with students, Student Affairs staff, athletic coaches, Advisors to recognized Student Organizations, Resident Coordinators and Resident Assistants, managers, supervisors and administrators.) Clemson University prohibits domestic violence, dating violence, sexual assault and stalking and is committed to maintaining a safe campus environment free from unlawful discrimination.

For a complete copy of Clemson University's Anti-Harassment and Non-Discrimination policy (which contains the Clemson University statement prohibiting sexual harassment, including sexual violence as well as sexual assault, dating violence, domestic violence and stalking) please visit clemson.edu/access/title-ix/policies.html

Definitions
The following definitions come from the Clemson University Anti-Harassment and Non-Discrimination policy and also apply to this policy statement:

1. Sexual Assault and/or Battery: Any attempted or actual act of nonconsensual sexual intercourse, cunnilingus, fellatio, anal intercourse or any intrusion, however slight, of any part of a person's body or of any other object into the oral, genital or anal openings of another person's body. This includes forcible or non-forcible sex offenses under the uniform crime reporting system of the Federal Bureau of Investigation.

  • Rape: The carnal knowledge of a person without the consent of the victim including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacitation
  • Fondling: The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacitation
  • Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
  • Non-forcible sexual intercourse with a person who is under the statutory age of consent (In South Carolina the legal age of statutory consent is 16. However, individuals as young as 14 years old are able to consent to have sex with a partner who is 18 years old or older.)

2. Sexual Coercion: The act of using pressure through threats, alcohol or drugs, or force to have sexual contact with someone against his or her will. Persistent attempts to have sexual contact with someone who has already refused is a type of sexual coercion.

3. Sexual Misconduct: Any other nonconsensual conduct of a sexual nature including but not limited to fondling, kissing, groping, indecent exposure, sex-based cyber-harassment, peeping or other voyeurism, forcing others to view sexual activity, and/or the non-consensual photography, video or audio taping of sexual activity.

4. Dating/Relationship Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim where the existence of such relationship shall be determined by the victim based on consideration of a) the length of the relationship, b) the type of the relationship, and c) the frequency of interaction between the persons involved in the relationship. This includes sexual or physical abuse or the threat of such abuse.

5. Domestic Violence: A felony or misdemeanor crime of violence committed by:

  • a current or former spouse or intimate partner of the victim,
  • a person with whom the victim shares a child in common,
  • a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
  • a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred,
  • any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

6. Stalking: Stalking is defined as a course of conduct (Course of Conduct means two or more acts, including but not limited to, acts in which a stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person or interferes with a person's property.) directed at a specific person that would cause a reasonable person (Reasonable Person means a reasonable person under similar circumstances and with similar identities to the complainant.) to:

i. fear for the person's safety or the safety of others
ii. suffer substantial emotional distress (Substantial Emotional Distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. Stalking is not always directed at someone due to his/her gender/sex. Even if it is not related to sex or gender, it is prohibited and will be addressed through this policy and the appropriate procedures for handling complaints.)

7. Consent: Every member of the University community should be aware that all sexual contact or behavior on the campus and/or occurring with a member of the University community must be consensual. Consent requires speech or conduct indicating a freely given, un-coerced agreement to engage in sexual contact. Consent may not be inferred from silence or passivity alone, and a current or previous relationship is not sufficient to constitute consent. Consent may be withdrawn at any time prior to or during a specific sexual act by either person.

To be valid, the person giving consent must be physically and mentally able to:

  • understand the circumstances and implication of the sexual act,
  • make a reasoned decision concerning the sexual act,
  • communicate that decision in an unambiguous manner.

In the absence of mutually understandable words or actions, it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity, to make sure that he/she has the consent from his/her partner(s) prior to initiating sexual activity.

  • Effective Consent is active, not passive
  • Effective Consent to one form of sexual activity is not Effective Consent to other forms of sexual activity
  • The person who is the object of sexual advances is not required to physically or otherwise resist
  • Silence, previous sexual relationships or experiences, and/or a current relationship may not, in themselves, be taken to imply consent

Inability to Consent: There is a number of factors which may limit or negate a person's ability to consent to a sexual act. These include but are not limited to age, impairment due to the influence of alcohol or drugs (illegal or prescription), an intellectual or other disability, a person's temporary or permanent mental or physical impairment, unconsciousness, fear and/or coercion. In order to find no consent under one of these circumstances, there must be a finding that the complainant was unable to consent and a finding that the respondent knew or had reason to know the complainant was unable to consent.

Intoxication of the respondent is not an excuse for failure to obtain consent or failure to know of the complainant's inability to consent.

Education and Prevention Programs
Clemson University offered the following educational programs to promote awareness and to prevent domestic violence, dating violence, sexual assault and stalking during the 2013-2014 academic year:

The Office of Access & Equity provided Title IX training to individuals across campus including undergraduate students, graduate students, staff and faculty. This training was given to the following groups: University Athletics (including all football coaches and all head coaches), Student Athletes, International Affairs Staff, Police Department personnel, University Band, Faculty Senate, Residential Life Staff, Dean of Students Staff, Campus Recreation Staff, Hearing Board, Counseling and Psychological Services Staff, Student Organizational Presidents, Student Organizations, Women's Commission, Women's Commission Open Forum, Aspire Facilitators, Study Abroad (Faculty, Staff and Students), Academic Chairs and Deans, New Graduate Students, Math Graduate Students, Graduate Teaching Assistants, Physics and Astronomy Graduate Students, CU 1100 Tutor Training for Graduate Students, Tutor training for supplemental instructors, Housing Summer Programs Student Staff, Biosciences Department (Faculty and Staff), Libraries (Faculty and Staff), Administrative Council, Administrative Board Representatives.

1. The Clemson University Police provided programs to students using the Speak Out and Stand Up video. This video addresses acquaintance rape. In conjunction with CUPD the Clemson University Athletics Department showed the video to student athletes.

2. The Aspire to Be Well Session was given to all new undergraduate students in Fall 2013.

The Office of Access and Equity will launch the online program Think About It to incoming freshmen, transfer and Bridge students in Fall of 2014. This course combines sexual assault and substance abuse prevention via a comprehensive harm-reduction model. A more condensed version of this training will be made available to returning undergraduate students, new and returning graduate students and employees.

Other educational programs for academic year 2014-2015 include:

  • LawRoom: All employees are required to complete an online prevention program focused on sexual assault, domestic violence, dating violence and stalking
  • All new undergraduate students and all graduate students are required to participate in an Aspire to Be Well session, which is a 70 minute, peer-facilitated dialogue covering alcohol and other drug misuse, interpersonal violence, and mental health awareness
  • Awareness raising events are offered during Campus Safety Month and Sexual Assault Awareness Month
  • Numerous Creative Inquiry courses provide academic credit to students to conduct research on interpersonal violence related issues
  • Office of Access & Equity and Clemson University Police Department will continue to provide additional training upon request and as needed

Procedures for Reporting a Complaint and Adjudication of Complaints
Clemson University will respond to and investigate all claims of sexual harassment, sexual assault, domestic violence and stalking, and will take steps to ensure that no retaliation will be taken against any person making a complaint or participating in the investigation process and that any person against whom an allegation is made is treated fairly. Reports should be made as soon as possible to enable the University to more effectively investigate the allegations.

There are three options for reporting complaints as described below. A criminal complaint and an on-campus complaint through the Office of Access & Equity or the Office of Community and Ethical Standards can be made simultaneously:

1. Criminal Reporting: If the alleged activity is a crime, a report should be made to the Clemson University Police Department or other appropriate law enforcement agency if the incident occurred off campus. Sexual assault, sexual battery and other forms of sexual violence/misconduct are criminal acts and Clemson University encourages victims to meet with police officers as soon as possible in order to receive prompt medical attention and allow officers to gather information in a timely manner. The sooner law enforcement becomes involved, the greater the likelihood of identifying, arresting and convicting the perpetrator. If a report is made to the Clemson University Police Department (CUPD), the department will provide an advocate to ensure that medical treatment and counseling services are offered, regardless of the person's decision to pursue the matter criminally.

To make a report on campus, concerned persons should call 911 or 864-656-2222 immediately to reach the Clemson University Police Department (CUPD). Away from campus, concerned persons should call 911.

In addition to the criminal process or for complaints that are not violations of criminal law, the following on campus reporting options are available:

2. Alleged Perpetrator is a Student: If the alleged perpetrator is a Clemson University student, a complaint may be filed with the Office of Community and Ethical Standards (OCES) which is responsible for resolving student conduct issues. The Student Code of Conduct extends to incidents that occur on University property, at University-sponsored activities and off-campus.

If after submitting a complaint to OCES the complainant decides not to go through the student complaint process, the matter will be referred to the Title IX Coordinator in the Office of Access and Equity for further review.

Contact information for OCES is 912 University Union, telephone: 864-656-0510. Student complaint procedures can be found in the Student Code of Conduct at: clemson.edu/administration/student-affairs/student-handbook/code-of-conduct/student-conduct.html.

3. Alleged Perpetrator is an Employee (faculty or staff) or other Non-Student: If the alleged perpetrator is a Clemson University employee (faculty or staff), visitor to campus or other non-student, a complaint of harassment/discrimination may be filed with the Office of Access and Equity (A&E).

A&E is the office of the University's Title IX Coordinator.

Contact information for A & E is 110 Holtzendorff Hall, telephone: 864-656-3181 (voice) or 864-656-0899 (TDD).

A & E complaint procedures can be found at: clemson.edu/access/procedure.html.

Adjudication of Complaints by Office of Community and Ethical Standards or the Office of Access and Equity
These complaint processes will include a prompt, fair and impartial investigation and resolution. Clemson University Title IX investigators receive training and certification by the Association of Title IX Administrators (ATIXA). The following will apply:

  • The complainant and respondent will each have the opportunity to attend a hearing before a properly trained hearing board.
  • The complainant and respondent will each have an equal opportunity to provide the names of witnesses and evidence to support their positions
  • The complainant and respondent each have the opportunity to have an advisor of their choice, at their expense, at any stage of the process and at any meeting or hearing. The advisor may only consult and advise the complainant or respondent, but cannot speak for the advisee at any meeting or hearing
  • Both processes will use the preponderance of evidence standard which means a violation of policy will be found if is "more likely than not to have occurred"
  • The complainant and respondent will both be notified simultaneously in writing of the outcome of the process
  • Both parties will have equal appeal rights under the applicable procedures
  • Please note that when a complainant does not consent to the disclosure of his or her name or other identifiable information to the alleged perpetrator, the University's ability to respond to the complaint may be limited

Medical Assistance/Preserving Evidence
After an incident of sexual violence, sexual assault, domestic violence or dating violence, the victim should consider seeking medical attention as soon as possible (Baptist Easley Hospital offers physical evidence recovery kit collection and access to forensic nurse examiners and sexual assault nurse practitioners: 200 Fleetwood Dr., Easley, SC 29649 864-442-7200. See page 17 for additional local hospital information). In South Carolina, evidence may be collected even if you choose not to make a report to law enforcement.

It is important that a victim of a sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were assaulted if the offense occurred within the past 96 hours so that evidence as may be necessary to the proof of criminal activity may be preserved. If victims of sexual assault do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease. Victims of sexual assault, domestic violence, stalking and dating violence are encouraged to preserve evidence by saving text messages, instant messages, social networking pages, other communications and keeping pictures, logs or other copies of documents, if they have any, that would be useful to University hearing boards, investigators or police.

Although the University strongly encourages all members of its community to report violations of this policy to law enforcement, it is the victim's choice whether or not to make such a report, and victims have the right to decline involvement of the police. Alesia Smith, Deputy Title IX Coordinator/Associate Dean of Students will assist any student victim with notifying local police if they so desire. Alesia Smith may be reached during regular business hours at 864-656-0510 or alesias@clemson.edu. Mrs. Smith's office is located at 912 University Union. Employees may contact someone with Employee Relations in Human Resources for assistance with notifying local police if they so desire. Employee Relations personnel may be reached during regular business hours by calling 864-656-2000. Human Resources is located in the Administrative Services Building at 108 Perimeter Road, Clemson, SC 29634. The Clemson University Police Department (CUPD) can be reached directly by calling 911 or 864-656-2222. CUPD has a victim's advocate who can be reached at: 864-656-5251.

Victim's advocates in the applicable local jurisdiction can assist victims with obtaining restraining orders or other orders of protection even if a criminal complaint is not filed.

Law Enforcement Agenc — Victim Advocate — Non-emergency line
Clemson City Police Department — 864-624-2012 — 864-624-2000
Pickens County Sheriff's Office — 864-898-5634 — 864-898-5500
Oconee County Sheriff's Office — 864-638-4247 — 864-638-4111
Anderson County Sheriff's Office — 864-222-3952, 864-222-6656— 864-260-4400
Greenville County Sheriff's Office — 864-467-4704 — 864-467-5300

As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary procedures or obtaining protection from abuse orders related to the incident more difficult. If a victim chooses not to make a complaint regarding an incident, he or she nevertheless should consider speaking with CUPD or other law enforcement to preserve evidence in the event the victim changes his or her mind.

Assistance for Victims: Rights and Options
Regardless of whether a victim elects to pursue a criminal complaint, the Clemson University Police Department, the Office of Community and Ethical Standards and the Office of Access and Equity will assist victims of sexual assault, domestic violence, dating violence, and stalking by providing them with information about university policies and procedures, on and off campus resources, and other relevant information. In South Carolina, a crime victim has the right:

  • to be treated with fairness, respect and dignity, and to be free from intimidation, harassment or abuse, throughout the criminal and juvenile justice process, and informed of the victim's constitutional rights, provided by statute,
  • to be reasonably informed when the accused or convicted person is arrested, released from custody or has escaped,
  • to be informed of and present at any criminal proceedings that are dispositive of the charges where the defendant has the right to be present,
  • to be reasonably informed of and be allowed to submit either a written or oral statement at all hearings affecting bond or bail,
  • to be heard at any proceeding involving a post-arrest release decision, a plea or sentencing
  • to be reasonably protected from the accused or persons acting on his behalf throughout the criminal justice process,
  • to confer with the prosecution after the crime against the victim has been charged, before the trial or before any disposition and informed of the disposition,
  • to have reasonable access after the conclusion of the criminal investigation to all documents relating to the crime against the victim before trial,
  • to receive prompt and full restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury, including both adult and juvenile offenders,
  • to be informed of any proceeding when any post-conviction action is being considered and be present at any post-conviction hearing involving a post-conviction release decision,
  • to have a reasonable disposition, and prompt and final conclusion of the case,
  • to have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and have these rules subject to amendment or repeal by the legislature to ensure protection of these rights.

Furthermore, Clemson University Police Department complies with the SC Protection from Domestic Abuse Act in recognizing orders of protection. For example, any person who obtains an order of protection from South Carolina, or any other United States territory or state, should provide a copy to CUPD. Please note that out of state orders must first be registered in family court. A complainant may then meet with CUPD (with assistance from the Dean of Students Office and/or Human Resources as needed) to develop a Safety Action Plan, which is a plan for campus police and the victim to reduce her/his risk of harm while on campus or coming and going from campus. This plan may include, but is not limited to: escorts, special parking arrangements, changing classroom location or work assignment location etc. Protection from abuse orders may be available through Pickens County Family Court or the Family Court of the appropriate jurisdiction where the domestic abuse occurred. Restraining orders may be available through Magistrates Court of the appropriate jurisdiction where the domestic abuse occurred. The Magistrates Court closest to Clemson University is Pickens County Magistrates Court located at 216 C. David Stone Rd., Pickens, SC 29671 864-898-5592.

To the extent possible given the victims' cooperation and consent, University offices (including but not limited to the Dean of Students Office, Dean of Undergraduate Studies, Dean of Graduate Studies, Human Resources, Redfern, CAPS, CUPD, Access and Equity, Office of Community and Ethical Standards etc.) will work cooperatively to ensure that the complainant's health, physical safety, work and academic status are protected, pending the outcome of a formal University investigation of the complaint. For example, if reasonably available, a complainant may be offered changes to academic, living or working situations in addition to counseling, health services and assistance in notifying appropriate local law enforcement.

Additionally, personal identifiable information about the victim will be treated confidential to the extent permitted by law. Internally, Clemson University will only share information with persons with a specific need to know who are participating in the investigation and/or adjudication of the complaint or delivering resources or support services to the complainant. The University does not publish the name of crime victims nor house identifiable information regarding victims in the CUPD Daily Crime Log or online. Student victims may request that their directory information (address, phone number, email address and other types of directory information as defined in the Clemson University Notification of Rights under the Family Educational Rights and Privacy Act (FERPA)) not be disclosed by picking up, completing and returning a Directory Information Suppress form to Registration Services, located in E-206 Martin Hall. If you have any questions about the form, please contact Registration Services at 864-656-2305.