Sexual Offenses

Sexual Offenses (Forcible and Non -Forcible)

General Policies, Procedures and Regulations

Misericordia University's sexual assault policy procedures and protocol were established in 1994 and are contained in the Student Handbook and in a separate publications, The Sexual Assault Policy and Protocol and Misericordia University Sexual Assault Booklet.

Definitions

Rape

A violation of Pennsylvania Law, a felony of the first degree, is defined as sexual intercourse with another person:

• By forcible compulsion or threat of forcible compulsion.
• While the person is unconscious.
• While the person's power to appraise or control his /her conduct is substantially impaired by administrating or employing drugs, intoxicants or other means for the purpose of preventing resistance.

Sexual Assault

A violation of Pennsylvania law, a felony of the second degree, is defined as sexual intercourse with another person without the person's consent.

Indecent Assault

A violation of Pennsylvania Law, a misdemeanor of the second degree, is defined as indecent contact with a person:

• Without the person's consent.
• By forcible compulsion or threat of forcible compulsion.
• While the person is unconscious.
• While the person's power to appraise his/her conduct is substantially impaired by administering or employing drugs, intoxicants or other means for the purpose of preventing resistance.

Examples of Indecent Assault

Deliberate or reckless threats, actual or implied, or physical contact of a sexual nature that results in reasonable apprehension of a sexual assault or physical harm.

The University is a community of trust whose existence depends on strict adherence to standards of conduct set by its members. Sexual misconduct is a serious violation of these standards and will not be tolerated.

The University encourages all members of the University Community to be aware of both the consequences of sexual misconduct and the options available to survivors. Detailed information can be found in the Misericordia University Sexual Assault Booklet.

A student charged with sexual misconduct can be disciplined under the University's Code of Conduct and may be prosecuted under Pennsylvania's criminal statues. Even if the criminal justice authorities choose not to prosecute, the University can pursue disciplinary action up to and including dismissal from the University.

If Sexual Assault Occurs:

1. Get to a safe place as soon as possible.
2. Preserve all evidence. Do not wash, change clothes or use the toilet.
3. Speak with a Sexual Assault Response Team member (24-hour beeper number: 696-7145) who will explain your options and provide information and emotional support.
4. Contact Campus Safety Office at extension 6300.
5. Seek medical attention to assess and treat any physical injuries, determine the risk of sexually transmitted diseases or pregnancy and to gather evidence. Evidence is best collected within the first 24 hours of the occurrence; however, it can be collected for up to 72 hours.
6. Contact the Victim's Resource Center at 823-0765.
7. Refer to the Sexual Assault Booklet for more detailed information.

NOTE

The police will be notified by hospital personnel whenever treatment is rendered for injuries resulting from a crime. If the police are notified, and you file a report, this does not mean that you have to proceed with criminal charges.

You can request that your identity be kept confidential and you may choose not to talk to the police.

The Dean of Students' Office is available to provide assistance in changing academic or living arrangements as a result of a sexual offense if requested by the victim and if these changes are reasonably available.

Educational Programs

The University's Sexual Assault Prevention Team provides educational programming to all constituents of the College. This program addresses the definition and dynamics of sexual assault, as well as how to respond sensitively to the parties involved.

Sexual Offender Registration

The Jacob Wetterling Crimes Against Children and Sexual Violent Offender Registration Act sets the requirements for sexual offender registration and community notification. The Campus Sex Crimes Prevention Act of 2000 provides for the tracking of convicted sex offenders enrolled at, or employed by, institutions of higher education.

Persons seeking to obtain sex offender registration information may contact the Dallas Township Police Department at (570) 624-2001 or the Pennsylvania State Police Sexually Violent Predator Web site at www.psp2.state.pa.us.