Sexual Assault Policy Statement
No person shall sexually assault any member of the student community. Students shall be free to report any sexual assault without fear of retaliation. Retaliation or threats of retaliation against a student bringing a charge of sexual assault will be treated as a separate and serious violation of College policy.
For the purposes of this policy, sexual assault is defined as any act in which a member of the student community is forced to engage in sexual activity against their will or without their consent, including situations in which physical sexual acts are perpetrated against a person’s will or when a person is incapable of giving consent due to use of drugs or alcohol, or due to an intellectual or other disability. Consent must be mutual and unambiguously communicated agreement to participate in sexual activity. “Sexual assault” as used in this policy includes not only physically assaultive behavior but also extreme verbal threats, physical or verbal intimidation, and/or indecent exposure. The College’s policy on sexual assault also applies to intimate partner and relationship violence, stalking and bullying based on sex or gender. Although Pennsylvania criminal law distinguishes between rape and sexual assault (defining rape as involving penetration), the College policy defines as unacceptable any act in which one person forces another or attempts to force another to engage in any sexual act.
Alcohol and Drug Use Amnesty for Reporting Sexual Misconduct
The health and safety of every student at the College is of utmost importance. The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time sexual misconduct occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report incidents of sexual misconduct. A witness to or individual who experiences sexual misconduct, acting in good faith, who discloses any incident of sexual misconduct to College officials or law enforcement will not be sanctioned under the College’s Honor Code or its other policies and/or procedures for violations of alcohol and/or drug use policies occurring at or near the time of the incident(s) of sexual misconduct, including sexual harassment or sexual violence. The College may request the individual attend an approved alcohol or drug education program and without assessing any charges for such program. This amnesty provision also applies to student groups making a report of sexual misconduct. Amnesty does not preclude or prevent action by police or other legal authorities pursuant to relevant state or federal criminal statutes.
The goals of this policy are to create a community free from sexual misconduct of all kinds, to provide avenues for those affected by sexual assault, harassment or discrimination to obtain assistance and provide a prompt and equitable complaint and investigation procedure.