Sexual Assault

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.

Prevention

• Whenever possible, do not carry or store large sums of cash. Instead, use the Tiger 1 Card.
• Use the campus escort and transit services.
• Be aware of the emergency telephones and their locations.
• Avoid being in classrooms or office buildings alone at night. If you must be there, let the campus police know where you are and how long you will be there. Stay near a telephone.
• Report any suspicious person or activity to University Police, whatever the time, day or night.
• Know who is at your door before opening it.
• Vary your routine. Do not walk the same route night after night.
• When walking at night, be alert. Listen for footsteps and voices to be sure no one is following you.
• Avoid unlit areas. Whenever possible, walk and park in well-lit public areas.
• Always lock the doors in your car, room, apartment or house. Keep the car doors locked even when you are driving.
• Never pick up hitchhikers.
• When driving, always make sure you have enough gas to reach your destination.
• When walking to your car at night, have your car keys in hand before leaving the building.
• When walking from your car to your residence, have your door key in hand before you leave your car. If you are being dropped off, ask the driver of the car to wait until you are safely in your residence.
• Take advantage of the rape awareness and rape defense training offered by Clemson University Police.
• If you drink, drink responsibly.
• Participate in educational programs provided by the Clemson University Police Department as described in the Safety Awareness section of this report.

S.C. Sex Offenders Registry

Information on all registered adult sex offenders (age 17 and older) is available from the S.C. Sex Offenders Registry Web site (see http://services.sled.sc.gov/sor). 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.

If You are Raped, 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.
• If you prefer not to call the police but you want to make it known that a rape occurred, you may contact any of the following: Vice President for Student Affairs, Dean of Students, Associate Vice President of Campus Life, Executive Director of Housing, Director of Community and Ethical Standards, Director of Residential Life, or Director of Health Services. Upon request, these officials will assist you in notifying the Clemson University Police Department.
• 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 raped. 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 Rape is Reported to the Clemson University Police?

When you notify Clemson University Police of a campus rape, 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 Clemson University Police Department’s Criminal Investigation Division. 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.

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 Rape is Reported to the Office of Community and Ethical Standards?

• Upon learning of a campus rape, the Associate Vice President for Student Affairs (or designee) will contact you to offer the services of several Student Affairs departments, including the Community and Ethical Standards Office. Any information you provide will 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 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. You may have a friend, counselor or support person present during the hearing. All hearings are closed to the public and are confidential.

When you report a campus rape 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 possible.

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:

• In 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.

Harassment/Stalking

Harassment is a pattern of intentional, substantial and unreasonable intrusion into the private life of a targeted person that causes the person (and would cause a reasonable person) to suffer mental distress.

Stalking is a pattern of words or conduct that is intended to and that does cause a targeted person (and would cause a reasonable person) to fear death, assault, criminal sexual contact, kidnapping (either the targeted person or a member of his/her family) or damage to his/her property or a family member’s property.

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; see the Counseling and Support Services section of this report.