The Campus Sexual Violence Elimination Act (Campus SAV Act)

 

Know your rights and the responsibilities of Central Alabama Community College.

In March of 2013, Congress passed the campus sexual violence elimination act as part of the reauthorization of the violence against women act (Campus SAV Act). The new law is aimed at increasing transparency by expanding the types of sexual violence incidents that must be disclosed in the Annual Security Report (ASR) submitted by colleges and universities. The new law represents a regulatory emphasis on specific categories of sexual abuse suffered by members of the college community. There are four central components.

  • Identification of Campus Security Authority Personnel
  • Creation of a Campus Sexual Assault Victim Bill of Rights
  • Expansion of Sexual Crime Reporting on Campus
  • Development of Standard Operating Procedures for Handling Incidents of Sexual Violence

Policy Statement

All individuals have the right to a safe campus environment free from threats of violence. Harming another person by committing any form of domestic violence, dating violence, sexual assault, or stalking, as defined under Alabama State Law, is strictly prohibited.

New Protections under the Law

  • Offenses against national origin
  • Offenses against gender identity
    •  These categories cover the commission of a hate crime, based on whether the individual was victimized because of their status or because of their perceived status.
  • Offenses of domestic violence: offenses against a current or former spouse or cohabitant
  • Offenses of dating violence: violence against a person in a romantic or intimate relationship
  • Offenses against stalking: conduct that would cause a reasonable person to fear for his/her or another’s safety or behavior that causes substantial emotional distress

Identification of Campus Security Authority Personnel

Who is Campus Safety Authority (CSA)?

A campus safety authority is defined as any administrator or staff person who has responsibility for a student or campus activity outside of the classroom including campus security officers, athletic coaches, Division of Student Services staff, professional staff, and staff advisors in student clubs and organizations.

Who is not a campus safety authority CSA?

A faculty member or instructor who does not have responsibility for a student or campus activity beyond the classroom is not a CSA. The following positions are also not considered campus safety authority: clerical staff, bookstore staff, facilities or maintenance staff.

Campus Sexual Assault Victim Bill of Rights

  • The victim has the right to be notified of their options as it applies to notification of law enforcement.
  • The victim has the same rights as the accused to have others present at an administrative/ disciplinary hearing.
  •  The victim shall be informed of the outcome and sanctions of any administrative/disciplinary proceeding.
  • The victim shall be notified of available counseling services.
  • The victim shall have the right to reasonable changes to academic and campus work arrangements.
  • The victim shall have the opportunity and assistance to speak or choose not to speak to anyone regarding the outcome.
  • The victim shall have the right to confidentiality.

The Campus SAV Act adds the following offenses to the list of criminal statistics that must be reported.

  • 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 receiving grant monies; or 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.”
  • Dating Violence:violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.”
  • Stalking: “engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress.”

Important Definitions

CONSENT (Section 13A-6-70)

It is a violation of State law to commit a sexual act without the consent of the individual. The law states that the lack of consent results from: 1) Forcible compulsion, and the 2) Incapacity to consent. A person is deemed incapable of consent if they are: forced, threatened, unconscious, drugged, less than 16, mentally or developmentally disabled, mentally incapacitated, physically helpless, chronically mentally ill, or believe they are undergoing a medical procedure.

Remember you should:

  • Know your own limits and communicate what you don’t want.
  • Say “no” out loud if you do not feel comfortable.
  • Do not be afraid to tell someone to “stop.” Remember “NO” means no!
  • If they don’t stop when you tell them to, they have committed a sexual assault.

SEXUAL ASSAULT (Section 13A-6-65)

Sexual assault can be broadly defined as sexual contact that occurs without the explicit consent of the recipient. For example, touching, fondling, kissing, and other unwanted sexual contact can be classified as sexual battery. These include:

  • Sexual intercourse against a person’s will is rape.
  • Sexual intercourse with a minor more than three years younger is unlawful sexual intercourse. Perpetrators of sexual assault can be strangers, friends, and acquaintances, family members, or male or female.
  • Perpetrators may commit sexual assault by means of overt physical violence, threats, coercion, manipulation, pressure, or tricks. Often, sexual assault involves psychological coercion and taking advantage of an individual who is incapacitated or under duress, and therefore is incapable of making a decision on his or her own.

RAPE: Section 13A-6-61

A person commits the crime of rape if he or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or if he or she, being 16 years old or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old. (Rape in the first degree is a Class A Felony.)

DOMESTIC VIOLENCE: Section 13A-6-130

A person commits domestic violence when he or she commits an offense against a current or former spouse or cohabitant, parent, child, any person who has or had a dating or engagement relationship with the defendant. Domestic violence in the first degree is a Class A felony.

Dating Violence

  • Forcible sex offenses: Any sexual act directed against another person, forcibly
  • Non-forcible sex offenses: Any sexual act that includes incest and statutory rape

STALKING: Section 13A-6-90

Stalking is defined as a course of conduct directed at a specific person that would cause a reasonable person to feel fear. A person who intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied is guilty of the crime of stalking.

BYSTANDER

An active bystander is someone who intervenes to interrupt behaviors in social situations that could lead to sexual violence.

BYSTANDER INTERVENTION

An active bystander is someone who intervenes to interrupt behaviors in social situations that could lead to sexual violence. Effective intervention is the community responsibility of every person. Individuals are encouraged to speak out against attitudes that promote sexual violence and become more supportive of survivors. There are five stages to effective bystander intervention:

  1. notice the problem,
  2. understand that the problem demands action,
  3. feel responsibility to act,
  4. choose what form of assistance to provide, and
  5. respond.

    Tips for Safe Bystander Intervention

    1. Remember intervention doesn’t have to be confrontational, say something or do something to call attention to the situation.
    2. Remain calm, and speak up and challenge inappropriate behavior.
    3. Tell someone if you believe he/she is acting inappropriately. Challenge inappropriate jokes or conversations.
    4. Attempt to calmly reason with the perpetrator or distract him/her.
    5. Ask others in the area for assistance with group intervention.
    6. Assist the victim by walking him/her to his/her car or to a safe area until assistance arrives.
    7. Call CAMPUS SECURITY or 911.

Steps for Reporting Offenses

A victim of a sexual or domestic offense crime including: Sexual Assault, Domestic Violence, Dating Violence, or Stalking should immediately report it to Campus Security by calling 256-596-1611. Campus Security will contact local police officials who will conduct a full investigation of the crime and a report will be filed by the investigating officer. All information will be kept confidential by Alabama State Law. The victim will be informed of the steps of the investigation as well as the steps of the judicial system. The Dean of Students, Dr. Sherri Taylor, Title IX Compliance Officer, will be notified immediately of any above listed alleged crimes. In the event that campus security is not readily available, victims should immediately seek out the assistance of the nearest identified Campus Safety Authority (CSA) who will assist the victim in reporting the incident and receiving assistance and support.

  •  Assistance will be provided in reporting a crime to off-campus law enforcement by campus authorities.
  •  In the event of a sexual crime, assistance is available in the Office of Student Services in Alexander City, the Office of Student Services in Childersburg, and the Office of the Student Services Specialist at the Talladega Center for making referrals to crises services and counseling services.
  •  A victim may wish to obtain orders of protection or no contact orders. Campus Security will provide assistance and direction to any victim who requests direction on how to file these orders. Central Alabama Community College will enforce any and all orders of protection and no contact issued by local jurisdictions.

Standard of Proof Required for Administrative/Disciplinary Hearings

The standard proof in disciplinary hearings goes to the preponderance of the evidence. This type of evidence means that the information presented in the case is more likely true than not true; there must be greater than 50% probability that the evidence is true. The probability can be as close as 51% vs. 49% and meet this standard as opposed to guilty beyond reasonable doubt, which is the standard for criminal cases.

Prevention Tips

  • Date people you know and trust.
  • Be cautious when meeting people through social media.
  • Tell someone when you are going out on a date.
  • Set limits and boundaries.
  • Avoid drugs and alcohol.

Warning Signs of Dating/Relationship Violence

  • You feel isolated from friends and family.
  • Your significant other has angry outbursts.
  • Your significant other threatens to harm you or is very jealous of you.
  • Your significant other is cruel to animals or children.
  • Your significant other belittles you, makes fun of you, or tries to control you.

Campus Resources

  • Division of Student Affairs educational workshops and awareness programming
  • Ongoing prevention and awareness programs for students and employees
  • Counseling/Support Referrals
  • Student Handbook
  • Office of Student Services, (The Office is a designated Safe Place” to ask questions, seek assistance, and make confidential referrals.)
  • Information to empower bystander intervention, including safe and positive options.
  • Central Alabama Community College Office of Safety and Security

Community Resources

  • Crisis Services Helpline – rape/sexual assault services: (256) 716-1000
  • Alabama Coalition against Domestic Violence: (334) 832-4842
  • Alabama Statewide Domestic Violence Hotline: ( 800) 650-6522
  • National Domestic Violence Hotline: ( 800) 799-7233
  • National Resource Center on Domestic Violence: (800) 537-2238
  • Bradford Health Services: (800) 879-7272
  • Cheaha Regional Mental Health Services: (256) 245-2201

Compliance Officer

Dr. Sherri Taylor, Dean of Students Title VII and Tile IX Coordinator Central Alabama Community College Alexander City, AL 35010

(Phone) 256/215-4273

staylor@cacc.edu