University Police
Sexual Assault
Definitions
Criminal sexual conduct (1st degree): a person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
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The actor uses aggravated force to accomplish sexual battery.
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The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, house breaking or any other similar offense or act.
Criminal sexual conduct (2nd degree): A person is guilty of criminal sexual conduct in the second degree if the actor uses aggravated coercion to accomplish sexual battery.
Criminal sexual conduct (3rd degree): a person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and if any of the following circumstances are proven:
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The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.
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The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery.
Each degree of Criminal Sexual Conduct is a felony and is punishable at the discretion of the court by imprisonment for not more that thirty years.
Sexual Assault Policy
Lander University will impose sanctions on individuals who commit sexual assault. In cases involving a student, a temporary (immediate) suspension may be imposed, which means the accused cannot attend classes until an administrative hearing is held. In other cases, the accused may be permitted to attend classes pending a final recommendation from the Vice-President of Student Affairs. Among other sanctions that may be imposed are the following: admonition, censure, probation and the restriction of privileges, suspension, expulsion and the eviction from university housing.
Reporting a Sexual Assault
If you are raped, memorize as much detail as possible about the attacker. Call the University Police Department at 8-911 immediately. This does not obligate you to file charges or testify in court. If you prefer not to call University 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, Director of Housing, Health Services or Counseling Services. Do not bathe, douche, change clothes or rinse your mouth, as these actions may destroy evidence. Even if you choose not to become involved with police, you should seek medical assistance at Health Services, Self Memorial Hospital, Montgomery Family Health Center or Express Medical Care.
Reporting a Sexual Assault
When you notify University Police that a rape has occurred, the following will occur:
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A uniformed officer will come to your location to help you obtain emergency medical treatment, assure your safety and obtain a description of the suspect. He or she will ask you for the location and the time of the assault, a description of the assailant and a description of your injuries.
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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.
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You will be interviewed. ( You may specify the gender of the officer). If have asked a friend or counselor for support, he or she can be with you at this time.
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With your consent, a report of the incident will be sent to the Vice-President ofStudent Affairs. If the suspect is a Lander student, disciplinary action may be initiated.
When you report a rape, you are not making a commitment to file charges or to testify in court. By reporting the matter to University Police, you can be assured of immediate physical protection and transportation to a medical facility.
Victim Assistance Pledge
The Lander University Police Department makes a following pledge to anyone who feels he or she is a victim of sexual assault on campus:
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We will meet you privately, at a place of your choice, to take a complaint report.
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Our officers will not prejudge you, and you will not be blamed.
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We will treat you with courtesy, sensitivity, dignity and professionalism.
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We will assist you in privately contacting counseling, safety, advising and other available resources.
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We will fully investigate your case and help you achieve the best possible outcome.
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We will continue to be available to you, answer your questions, explain the process and be a listening ear if you need one.
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We will consider your case seriously.
