Sex Offenses and Offenders Policy

The prevention, investigation and prosecution of sexual assault are high priorities for the Clemson University Police Department and the Student Affairs administration, whether the assault is committed by a stranger, a date or an acquaintance. The University strongly encourages victims to report sexual assault but will provide counseling, assistance and support regardless of the victim's decision to proceed with formal charges. The following information is offered to help students, faculty and staff reduce their risk of becoming a victim and to assure them that help is available if a sexual assault occurs.

Students, faculty, and staff may refer to the Safety Awareness section of this report for Public Safety Educational Programs related to sexual assault prevention.

Sexual Assault Policy

Sexual assault is strictly prohibited by the University. “Sexual assault” is defined as rape or any actual or attempted nonconsensual or forcible sexual touching, including fondling, kissing, groping, attempted intercourse (whether oral, anal or vaginal), penetration or attempted penetration with a digit or any other object. Per SC Code of Laws section 16-3-651, “sexual battery” is defined as “sexual intercourse, cunnilingus, fellatio, anal intercourse or any intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.” Nonconsensual sexual assault includes those situations in which the victim is unable to consent.

“Rape” is defined as vaginal, anal or oral intercourse without consent, whether the victim is overcome by force, fear, intimidation resulting from threat of force, drugs administered without consent or when the victim is otherwise unable to consent.

Consent requires speech or conduct indicating a freely given agreement to have intercourse or participate in sexual activities. Previous sexual relationships, current relationships with the perpetrator or the use of alcohol and/or drugs may not be taken as an indication of consent. Use of alcohol and/or drugs by the perpetrator is not an excuse for violation of the sexual assault policy.

The term “unable to consent” means being unable to understand the circumstances and implications of the sexual advances; unable to make a reasoned decision concerning the sexual advances; or unable to communicate that decision in an unambiguous manner. Such a situation can result from illness, the influence of alcohol or some other substance, physical or psychological disabilities, unconsciousness or some other cause.

The University will impose sanctions on individuals who commit sexual assault. In cases involving a student, an interim (immediate) suspension may be imposed, which means the accused cannot attend classes or be on campus until an administrative hearing is held (within 10 days). In other cases, the accused may be permitted to attend classes pending a final recommendation from the director of the Community and Ethical Standards Office. If that recommendation is eviction (from University Housing), suspension (from the University) or expulsion (from the University), a hearing will also be held. Among the other disciplinary sanctions that may be imposed are the following: admonition, censure, probation and the restriction of privileges.

If you are the victim of a sexual assault, you should take the following steps.

• Memorize as much detail as possible about the attacker.
• Call 911 or 864-656-2222 immediately to reach the Clemson University Police Department or the appropriate local police agency. This does not obligate you to file charges or testify in court.
• Clemson University will comply with a student’s request for assistance in notifying law enforcement authorities about a sexual assault, you may contact any of the following Campus Security Authorities:
• Vice President for Student Affairs, 864-656-2161, Dean of Students, 864-656-0935, Director of Community and Ethical Standards, 864-656-0510, Director of Residential Life, 864-656-1151, Executive Director of Health Services, 864-656-0723.
• Do not bathe, douche, change clothes or rinse your mouth. These actions may destroy evidence.
• You may call and request medical transportation without divulging that you have been sexually assaulted. Even if you choose not to become involved with the police, you should seek medical assistance at Redfern Health Center.

What Happens When a Campus Sexual Assault is Reported to the Clemson University Police?

When you notify Clemson University Police of a campus sexual assault, the following will occur.

• A police officer will come to your location to help you obtain emergency medical treatment, ensure your safety and obtain a description of the suspect. He or she will ask you for the location and time of the assault, a description of the assailant and a description of your injuries.
• The case will be assigned to the Investigations Division of the Clemson University Police Department. All investigators of this Division have been trained in the investigation of sexual offenses and the crime’s impact on the victim. These investigators will approach each case in
• a sensitive manner.
• Clemson University Police will request a medical examination to ensure that you have suffered no physical injury and so that a medical report can be completed for use in a court proceeding if charges are pressed. You will be examined by a trained sexual assault specialist.
• You will be interviewed (you may specify the gender of the officer). If you have asked a friend or counselor for support, he or she can be with you at this time.
• With your consent, a report of the incident will be sent to the Office of Community and Ethical Standards. If the suspect is a Clemson student, disciplinary action may be initiated.

When you report a campus rape, you are not making a commitment to file charges or testify in court. By reporting the matter to the Clemson University Police, you can be assured of immediate physical protection and transportation to a medical facility.

Harassment and Stalking Offenses

Per SC Code of Laws 16-3-700, harassment is a pattern of intentional, substantial and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person or any reasonable person in his/her position to suffer mental or emotional distress.

Per SC Code of Laws 16-3-700, stalking is a pattern of words, whether verbal, written or electronic, or a pattern of conduct that serves no legitimate purpose and is intended to cause and does cause a targeted or reasonable person in the targeted person’s position to fear

• death of the person or a member of his/her family,
• assault upon the person or a member of his/her family,
• bodily injury to the person or a member of his/her family,
• criminal sexual contact on the person or a member of his/her family,
• kidnapping of the person or a member of his/her family, or
• damage to the property of the person or a member of his/her family

The Clemson University Police Department takes all complaints of harassment and stalking, seriously and actively assists students, faculty and staff in dealing with matters of this type through civil and criminal means.

For information about support services available to victims of sex offenses, harassment and stalking, please reference the Counseling and Support Services section of this report.

Victim Assistance Pledge

The Clemson University Police Department provides a victim advocate who responds to all campus crime victims. The department makes the following pledge to anyone who feels he or she is a victim of sexual assault on campus.

• We will meet with you privately, at a place of your choice, to take a complaint report.
• Our officers will not prejudge you and you will not be blamed for what occurred.
• We will treat you and your particular case with courtesy, sensitivity, dignity, understanding and professionalism.
• If you feel more comfortable talking with a female or male officer, we will do our best to accommodate your request.
• We will assist you in arranging hospital treatment or other medical needs.
• We will assist you in privately contacting counseling, safety, advising and other available resources.
• We will fully investigate your case and help you achieve the best possible outcome. This may involve the arrest and full prosecution of the suspect responsible. You will be kept up-to-date on the progress of the investigation and/or prosecution.
• We will continue to be available for you, to answer your questions, explain the system and processes involved (prosecutor, court, etc.) and be a listening ear if you need one.
• We will consider your case seriously, regardless of your gender or the gender of the suspect.

What Happens When a Campus Sexual Assault is Reported to the Office of Community and Ethical Standards?

• Upon learning of a campus sexual assault, the Associate Vice President for Student Affairs (or designee) will contact you to offer the services of several Student Affairs departments, including the Office of Community and Ethical Standards. Any information you providewill be kept in the strictest confidence.
• In the event you want the University to pursue disciplinary action, you will be asked to provide a written report of the incident. That information will be forwarded to the Director of Community and Ethical Standards (or designee), who will start University disciplinary processes. You will be invited, but not required, to meet with the director (or designee) in order to further discuss University discipline procedures. Remember that information regarding student discipline is maintained as a confidential record.
• When available information has been reviewed by the director (or designee), sanctions may be imposed. If the director (or designee) recommends an interim suspension, eviction (from University Housing), suspension (from the University) or expulsion (from the University), an administrative hearing may be scheduled.
• You will have the option to attend the administrative hearing and provide testimony regarding the attack. The Office of Community and Ethical Standards will attempt to make special accommodations for testifying if you are not able to face the accused. You will be listened to and treated with respect. All hearings are closed to the public and are confidential.

When you report a campus sexual assault to the Office of Community and Ethical Standards, the staff is required by law to inform the Clemson University Police Department. However, reporting this crime to the Clemson University Police Department in no way obligates you to press charges or testify in court. Even if you do not want to press charges, we strongly encourage you to contact the police for immediate help. You may discontinue the involvement of Community and Ethical Standards and any other police or legal services at any point.

Community and Ethical Standards —Victim’s Rights

• The alleged victim has the right to be informed of the discipline process prior to any disciplinary action involving the incident and has the option of discontinuing the process if he or she is the only witness.
• The alleged victim has the right to attend the hearing involving the referred student. The alleged victim will have the option of providing testimony regarding the incident. The Office of Community and Ethical Standards will attempt to make special accommodations when deemed necessary. The alleged victim will be listened to and treated with respect.
• The alleged victim is entitled to bring an adviser, friend, counselor or parent during testimony at the hearing. All hearings are closed to the public and are confidential.
• The alleged victim shall be informed of the outcome of the disciplinary hearing. In the event the referred student appeals the decision, the director of Community and Ethical Standards (or designee) will keep the alleged victim informed of the status of those appeals.
• The alleged victim may request changes in his/her academic and/ or living situation. The University will accommodate such changes if reasonably available.

Community and Ethical Standards — Rights of the Referred Student

The University’s complete Administrative Disciplinary Procedures can be found in the “Student Discipline Policies” section of the Student Code of Conduct. The following points are condensed from those policies.

• When investigating alleged violations of student regulations, University judicial officials, student judicial board members and administrative hearing board members shall respect an individual’s right to remain silent.
• Pending action on alleged violations of University regulations or pending final disposition of any appeal, the status of a student shall not be altered, nor shall there be a suspension of a student’s right to be present on campus to attend classes, except when an interim suspension has been imposed.
• A student who is alleged to have violated a public law may also have violated a student regulation and will be subject to dual jurisdiction. This means that the University can process a student’s case separately from any action taken by the criminal justice system.
• In the case of an alleged violation of a student regulation, a student is required to meet with a University judicial official, the student judicial board or an administrative hearing board to facilitate the resolution of the case. Prior cases of discipline cannot be used against a student in determining whether or not the action is a violation of a student regulation. However, prior discipline can be used in determining the sanction if the student is found in violation of a student regulation. Failure to meet with a University official will result in an additional charge of failure to comply and may result in forfeiture of certain procedural rights.
• A University judicial official shall inform a student in writing of the reasons for any proposed disciplinary action in sufficient time to ensure that the student has an opportunity to prepare for a hearing, if applicable.
• To assist in preparing for a disciplinary hearing and to assist the student at such a hearing, a student may choose one adviser. This adviser may be a member of the University staff, the student body or any other individual the student chooses. The adviser’s role is limited
• to communicating directly with the student and the adviser may not directly participate in the hearing or ask questions of the student or witnesses.
• The student is responsible for contacting any witnesses on his/her behalf.
• The referred student shall be informed of the outcome of each step of the disciplinary process.
• In the event a student is found to be in violation of the Student Code of Conduct for sexual assault, possible sanctions include but are not limited to an interim suspension, eviction (from University Housing), suspension (from the University) or expulsion (from the University).

S.C. Sex Offenders Registry

Information on all registered adult sex offenders (age 17 and older) is available from the SC Sex Offenders Registry website. Information is also available on registered sex offenders (ages 12–16) who have committed the following offenses: criminal sexual conduct in the first degree; criminal sexual conduct in the second degree; criminal sexual conduct with minors, first degree; criminal sexual conduct with minors, second degree; engaging a child for sexual performance; producing, directing or promoting sexual performance by a child; or kidnapping. An evaluation must be made on any other requests for information on registered offenders under age 17 who are victims of or witnesses to an offense at public or private schools, child day-care centers, family day-care centers or businesses and organizations that primarily serve children, women or vulnerable adults. Evaluations are also required on information requests for offenders who are age 11 or younger who may have a prior conviction or adjudication of delinquency. Those who request the information must complete and submit a written request form at SLED or at the local sheriff’s office. A copy of the request form is available online and it may be mailed or faxed to Sex Offenders Registry, SLED, P.O. Box 21398, Columbia, SC 29221. The fax number is 803-896-7022.