Student and Alumni Services Policy STAF 1.08
As a matter of policy, the faculty, staff and students
that comprise the University community will not tolerate
sexual assault.
Services
The Sexual Health & Violence Prevention office, which
may be utilized by all members of the University, is
located on the lower level of the Thomson Student Health
Center and may be contacted at 777-8248. This office can
assist members of the University community with
identifying resources for victims/survivors, crisis
intervention, judicial processes, and providing
educational programs. This office can also assist in
coordinating all other services listed throughout this
policy, eliminating the need for victims to make several
phone calls.
Rationale
The University of South Carolina is an educational
community bound by common standards of conduct and a
commitment to its educational mission. Sexual assault is
considered particularly abhorrent because it interferes
with the educational mission by:
- endangering the physical and emotional safety of
community members;
- damaging trust in the community;
- offending the dignity and violating the autonomy
of community members; and
- disrupting the academic progress of victims or
survivors during their recovery.
As a result the University provides the following
services:
- resources aimed at reducing the risk of sexual
assault, including educational programs for men and
women;
- a statement of expectations for behavior with regard
to sexual conduct;
- procedural interventions to offer support and
information following a sexual assault; and
- campus judicial procedures that provide for the
needs of victims or survivors and protect the rights
of alleged assailants.
Statistically, members of college communities are at
great risk of being assaulted or exploited sexually
and most probably by someone known to or trusted by
the victim. Studies have shown that sexual assaults
occur with disturbing frequency among college age
men and women but are very often unreported. In
order to provide for the needs and care of victims,
as well as to enforce the behavior standards
critical to the University's mission, it is
important that all violations of this policy are
reported to appropriate authorities, including the
law enforcement officials or agencies with
jurisdiction in the location of the incident.
Victim's Bill of Rights
Victims of sexual assault who report their
experience to University officials can anticipate
that:
- All sexual assaults will be treated seriously.
- Victims will be treated with dignity and respect
and in a non-judgmental manner.
- Campus organizations and services that can assist
victims will be identified.
- When a crime is reported to University officials,
those officials will offer assistance in notifying
proper authorities.
- When victims report and choose to pursue action
against alleged assailants, assaults will be
investigated and adjudicated by appropriate criminal
and/or University authorities.
- University personnel will not discourage victims
from reporting, nor encourage them to under-report
or report the incident as a lesser crime.
- Victims may invite an advisor they choose to
accompany them through University disciplinary
proceedings.
- A victim will be notified of the outcome of
related University discipline proceedings. The
victim and the charged student must respect the
privacy of all involved.
- University personnel will cooperate in obtaining,
securing and maintaining evidence (including a
medical examination), necessary in legal
proceedings.
- Victims will be made aware of any State or
Federal laws regarding mandatory testing of sexual
assault suspects for communicable disease and
whether these professionals can notify a victim of
the results of these tests.
- Victims will be informed of mental health
services available.
- Victims will be afforded the opportunity to
request immediate on-campus housing relocation,
transfer of classes, or other steps to prevent
unnecessary or unwanted contact or proximity to an
alleged assailant when reasonably available.
- All students have the right to an environment
free from sexual or physical intimidation, or any
continuing disruptive behavior, by persons sharing
rooms or their guests, that would prevent a
reasonable person from attaining their educational
goals. Disruptive behavior of this nature should be
reported to appropriate University staff, so it can
be addressed.
- The sexual history of the victim is not
considered relevant to the truth of the allegation;
therefore, information regarding sexual history
external to the relationship between the victim and
the alleged assailant will not be considered in
discipline hearings.
University Definition
For the purposes of this policy and related
procedures, the term sexual assault is defined as
one or more of the following:
- Offensive Touching Sexual Assault
The touching of an unwilling or non-consensual
person's intimate parts (such as genitalia, groin,
breast, buttocks, mouth, and/or clothing covering
them); touching an unwilling person with one's own
intimate parts; or forcing an unwilling person to
touch another's intimate parts."
- Non-consensual Sexual Assault
Unwilling or non-consensual penetration of any
bodily opening with any object or body part. This
includes, but is not limited to penetration of a
bodily opening without consent through the use of
coercion.
- Forced Sexual Assault
Unwilling or non-consensual penetration of any
bodily opening with any object or body part that is
committed either by force, threat, intimidation, or
through exploitation of another’s mental or physical
condition of which the assailant was aware or should
have been aware. Healthy sexual activities involve mutually expressed
consent. Consent is defined as follows:
- Both individuals are physically free and capable to
act.
- Both are clear about their intent to engage in
sexual activities and their desire to do so is
willing.
- Silence may not in and of itself constitute consent.
- Past consent of sexual activities does not imply
ongoing future consent.
Providing or making available to a victim, and/or
using any substance (e.g. alcohol, GHB, rohypnol,
etc.), will be considered by the Administrative
Hearing Officer, Carolina Student Judicial Council,
or pre-hearing Adjudication Officer when determining
responsibility and appropriate sanctions. Use of
these substances in violating this policy may
constitute "Forced Sexual Assault" and result in
expulsion from the University. In addition, the use
of these substances by an alleged assailant may
constitute violation of other University policies,
and the student may be charged with these violations
as well (e.g. Drugs, Harm to Persons, Disorderly
Conduct, Disruptive Activity, Alcohol, etc.)
The use of alcohol and other drugs by either party,
in conjunction with an incident of sexual assault,
does not mitigate accountability for the commission
of this offense or diminish the seriousness of the
offense.
USC conduct regulations and disciplinary procedures
consider abetting or being an accessory to any act
prohibited by the general conduct regulations the
same as a completed violation.
USC conduct regulations incorporate this definition
by obliging students to comply with all published
policies and procedures of the University. (See
University Policies and Procedures section.)
Behaviors prohibited by this policy may also be
prohibited by the general conduct regulations. These
include but are not limited to: "Compliance with
General Laws," which requires students to comply
with all published state, federal, and local laws;
"Harm to Persons," "Disorderly Conduct," defined to
include behaviors that unnecessarily disturb others,
including unwelcome physical contact and/or
threatening behavior; an/or which includes action
which result in or have the potential for physically
harming another person.
This policy is subject to change to comply with
changes in relevant laws of University operating
procedures. Please see the USC Web Page for the most
recent updates.
Criminal Definition
As noted above, in publishing this policy the
University is not intending to substitute or
supersede related civil and criminal law. It is the
policy of the institution to strongly encourage
victims to report all incidents and violations to
the law enforcement officials or agencies with
appropriate jurisdiction and avail themselves of all
the services and rights to which they are entitled
by law.
It should be clearly understood that there is a
fundamental difference between the nature and
purpose of student discipline and criminal law.
Regardless of the charge issued or procedures
employed, sanctions issued by the University can be
expected to be consistent with the educational
mission of the institution.
According to USC's Arrest Policy, students who are
apprehended and charged by law enforcement agencies
with felony criminal charges off campus are required
to inform University officials. The University may
bring disciplinary action against the student for
the same incident if the alleged conduct is
prohibited by the institution and/or if it is judged
to be adverse to the recognized mission of the
institution. University disciplinary procedures
should be considered distinct and independent of any
and all criminal procedures. Discipline procedures
may precede, occur simultaneously, or follow and
consider the results of court action. When
necessary, temporary action may be taken in the form
of summarily suspending, summarily restricting, or
officially requesting no contact between the victim
and assailant, as well as possible relocation or
removal from the residence halls. Any of these
measures may result in a student's restricted
participation in University events outside
attendance of classes and appointments related to
the resolution of discipline matters.
At this printing, the South Carolina State Code (SC
Code Ann. Sec. 16-3-651 to 16-3-654) defines
criminal sexual conduct, which includes rape, as
"sexual intercourse, cunnilingus, fellatio, anal
intercourse, and any intrusion, however slight, into
anal or genital openings, except when such intrusion
is accomplished for medically recognized treatment
or diagnostic purposes." (SC Code Ann. Sec.
16-3-651)
The law goes on to describe three degrees of
criminal sexual conduct:
First-degree criminal sexual conduct involves a
sexual contact (battery) using aggravated force,
and/or in association with another crime such as
kidnapping, robbery, extortion and burglary.
First-degree criminal sexual conduct is a felony and
is punishable by imprisonment for up to 30 years.
Second-degree criminal sexual conduct involves
batteries accomplished or attempted with aggravated
coercion. Batteries involving an assailant in a
position of authority over the victim is also
considered second degree criminal sexual conduct.
Criminal sexual conduct in the second degree may be
punished by up to 20 years imprisonment.
Third degree criminal sexual conduct involves
batteries where force or coercion is used and/or the
assailant knows or has reason to know that the
victim is mentally defective, mentally incapacitated
or physically helpless, even though aggravated
coercion is not used. Third degree criminal sexual
conduct is a felony and punishable by up to 10 years
in prison.
Immediate Care and Treatment Procedures for Victim
If an assault takes place on campus: contact University
police at 911 or Sexual Health & Violence Prevention at
777-8248. During evening hours, call USC Police
Department Dispatch at 777-4215 and they will have the
on-call advocate return your call. If an assault takes
place off campus: contact area police at or Sexual
Trauma Services of the Midlands at 771-7273. The sooner
a sexual assault is reported, the easier it is to
collect valuable evidence. To facilitate evidence
collection, the victim:
- Should not bathe or douche.
- Should not urinate.
- Should not drink any liquids.
- If oral contact has occurred, the victim should not
smoke, eat or brush teeth.
- If clothes are changed, soiled clothes should be
placed in a paper bag (plastic destroys crucial
evidence).
University Police may transport the victim to an area
hospital for medical attention and a sexual assault
exam. If the victim does not want to contact the police,
a friend or relative may transport the student to the
hospital. When the victim arrives at the emergency room,
the hospital will call Sexual Trauma Services of the
Midlands to arrange for a volunteer advocate to
accompany the victim throughout the exam. The hospital
staff may also contact the University Police and/or the
police where the incident occurred. If the victim
chooses, the USC Sexual Health & Violence Prevention
advocate typically assists the victim throughout the
criminal process and informs the victim of services
specifically available to them.
Medical attention is crucial to assess possible
internal injuries or sexually transmitted diseases,
as well as to collect medical evidence should the
victim/survivor choose to pursue prosecution. The
police will be contacted by the hospital to take
possession of evidence collected while the victim/
survivor makes a decision about whether to pursue
charges.
If a victim chooses not to go to a
hospital, the victim is strongly urged to seek
appropriate medical attention. The Thomson Student
Health Center on campus provides quality, confidential
medical services, or a victim may choose to visit
another physician.
Males should go to the General Medical Clinic (777-3175)
and females should go to the Women’s Care Clinic
(777-6816), or a survivor may choose to visit another
physician.
Follow-up and Recovery Services for Victim
Research has shown that follow-up counseling is of
significant benefit to a victim/survivor of sexual
assault and/or related trauma. This counseling may be
initiated at any time after an assault (from hours to
years). On-or off-campus counseling and other services
are available to a student victim whether the crime was
reported or prosecuted.
Sexual Health & Violence Prevention is located in the
Lower Level of the Thomson Student Health Center. This
office will assist victims in locating appropriate
resources after a sexual assault. This office can also
assist in coordinating all other services listed,
eliminating the need for victims to make several phone
calls. The office also provides education to students,
staff, and faculty on the issues surrounding sexual
assault by offering presentations, a resource library,
and a resource referral. The phone number is 777-8248.
The Counseling and Human Development Center is an
on-campus resource that provides up to 12 free
counseling visits per year to students, and more visits
on a fee-for-service basis. The phone number is
777-5223.
The USC Victim/Witness Coordinator will provide on-going
assistance in pursuing criminal prosecution and
financial services provided by the state. The phone
number is 777-8400. This person can also put a
victim/survivor in touch with other local Victim/Witness
Coordinators.
The Department of Housing and Judicial Programs is
available to assist a victim with housing needs, such as
relocation. They also have trained professional staff
who can assist the victim in locating assistance and
services needed. They can be reached at 777-2481.
The Office of Student Judicial Programs can assist a
victim with filing a discipline complaint. The phone
number is 777-4333.
Sexual Trauma Services of the Midlands is an off-campus
resource that provides short-term counseling, as well as
crisis intervention. Services are provided for all
victims, no matter when the assault occurred. The
24-hour hotline number is 771-7273.
South Carolina Bar Association, Lawyer Referral Service,
can assist victims in finding an attorney to represent
them in civil and criminal proceedings. The phone number
is 1-800-868-2284 or 799-7100.
Follow-up Services for Accused Party
Follow-up counseling may be of significant benefit to an
accused party. On-or off-campus counseling and other
services are available to an accused party whether or
not the crime was reported or prosecuted.
The Counseling and Human Development Center is an
on-campus resource that provides up to 12 free
counseling visits per year to students, and more visits
on a fee-for-service basis. The phone number is
777-5223.
The Domestic Abuse Center is located at 1300 Pickens
Street, Room 212. This office provides individual and
group counseling for men who abuse their partners,
couples counseling and community education and
awareness. The phone number is 256-0468.
The Department of Housing and Judicial Programs is
available to assist an accused party with housing needs,
such as relocation, etc. Trained professional staff can
assist the accused party in locating assistance and
services needed. They can be reached at 777-2481.
The Office of Student Judicial Programs handles the
investigation and resolution of discipline complaints.
The phone number is 777-4333.
South Carolina Bar Association, Lawyer Referral Service,
can assist accused parties in finding an attorney to
represent them in civil and criminal proceedings. The
phone number is 1-800-868-2284 or 799-7100.
Reporting
All victims of sexual
assault/battery are encouraged to report the incident to
law enforcement agencies. Regardless of whether the
victim chooses to immediately involve law enforcement
officials, the victim is strongly urged to go through
the rape protocol exam for medical attention and for the
purpose of preserving important physical evidence of the
assault, which may be used if the victim chooses to
pursue legal prosecution at a later date. The sexual
assault exam should be done as soon as possible.
Physical evidence can be obtained up to 72 hours after
the assault, recognizing that as time passes, the
quality of the evidence diminishes.
A victim/survivor may also choose to file a report to
the University's Office of Student Judicial Programs. An
explanation of this procedure can be obtained by calling
777-4333. The discipline procedures are also described
in a separate section below and published in the
Carolina Community.
Whether legal or disciplinary action is desired, an
anonymous report may be filed, at any time, with the
Director of the Office for Sexual Health & Violence
Prevention. This report provides University staff with
information about the crime that may be valuable in
their efforts to prevent future crimes and educate other
students about high-risk areas.
University officials who have knowledge about an assault
are required to file an anonymous report with the
Director of Sexual Health & Violence Prevention,
777-8248, in addition to supporting the victim/survivor
and referring that person to campus resources.
Discipline Policies and Procedures for Victim and/or
Witness
Witnesses to or victims of the
above-described sexual misconduct may wish to contact
the Office of Student Judicial Programs, if the accused
party is a USC student.
In this event, officials in the Office of Student
Judicial Programs will meet with the witness or victim
to discuss the report and determine whether there is
reason to believe a conduct code offense has occurred.
At the same time, discipline procedures will be reviewed
and the possible roles the victim or witness may play in
the gathering of this information and/or the resolution
of the complaint will be explored.
At this meeting, if the victim or witness is willing and
prepared, staff may conduct an investigative interview.
At the victim's or witness's request, an advisor,
counselor, attorney, parent, friend, or the Director of
Sexual Health & Violence Prevention may attend.
In this meeting, and as needed, University discipline
personnel will answer questions and provide offended
individuals with general information about civil and
criminal options available to victims or witnesses. If
there is no objection, in order to promote efficiency
and provide authoritative answers to questions about
legal options, this first meeting could include the USC
Police Department Victim/Witness Coordinator.
When it is determined that there exists sufficient
reason to believe a violation of University policy has
occurred, disciplinary procedures may be initiated. It
should be understood that victims and witnesses need not
"press charges"; instead, the University is considered
the complainant, and as such is responsible for
initiating this investigative process. Victims or
witnesses can expect to be asked to contribute testimony
and information to assist in the resolution of the
complaint.
Discipline Policies and Procedures for Accused Party
To begin discipline procedures, individuals thought to
have relevant information or testimony, including the
accused party, will be contacted and interviewed by
appropriate University officials. If sufficient
information is available to conclude there is reason to
believe, or "reasonable grounds" to do so, the
University will issue charges from the general conduct
regulations and offer the accused party opportunity to
choose from among three possible hearing formats.
The accused party may choose a pre-hearing adjudication,
in which the charged party or parties accept
responsibility for the charge(s) and request to have
sanctions determined by a hearing authority without a
formal hearing.
Alternatively, the accused party may choose an
administrative hearing, in which a University official
is authorized to consider testimony and act as hearing
officer, deciding whether the accused is responsible for
the charge(s) as issued, and what the University
response or sanction, if indicated, should be.
Also available to charged students is a hearing before
the Carolina Student Judicial Council, a group of
faculty, staff and students who are trained and
authorized to conduct hearings to determine
responsibility and appropriate sanctions.
In each of these hearing formats, the burden of proof
shall be on the University as the complaining party.
Decisions regarding responsibility of charges shall be
based on a "preponderance of evidence" standard, meaning
responsibility does not have to be proven beyond a
shadow of doubt. The University need only demonstrate
that the charged student is more likely than not
responsible for the charge(s).
In these investigative hearings, regardless of the
format chosen, hearing officers or Judicial Council
members will not be restricted from testimony by
technical rules of evidence. Charged students are
assured a right of access to a list of witnesses invited
to testify, as well as an opportunity to review all
available physical and documentary evidence to be
presented at the hearing. In these informal,
non-adversarial hearings, there is no formal
cross-examination. Charged students are, however,
entitled to question and rebut any evidence presented.
In order to conduct a fair, orderly hearing, reasonable
accommodations may be made in hearing procedures, such
as indirect questioning, or special seating arrangements
in the hearing room. Both the charged student and the
victim may be accompanied by an advisor of their choice
and remain present while all testimony is presented.
Should a hearing authority determine a student is
responsible for the charges issued, it will ask the
Office of Student Judicial Programs personnel about the
student's disciplinary history, then adjourn again to
determine what sanctions are appropriate to the
circumstances and individual. The hearing officers will
attempt to respond in a manner that best provides for
the educational goals of the process. Possible sanctions
include permanent suspension, suspension for a period of
time, suspension held in abeyance, disciplinary
probation, restitution, an official warning, or any
combination of these. Conditions, restrictions or
specific prohibitions may be issued with or attached to
any of these sanctions.
Educational Resources
The following offices within the University of South
Carolina and the Columbia community provide a
variety of educational offerings. There are many
videotapes, books, brochures, and periodicals that
are available for viewing and/or checkout. There are
also several special events that take place during
the year that focus on sexual assault and safety
issues. Please see the following list.
- Sexual Health & Violence Prevention, Thomson
Student Health Center, Lower Level, (803) 777-8248. USC
Police Department Dispatch will have the SH&VP
on-call advocate return your call.
- Law Enforcement & Safety, 1501 Senate Street,
(803) 777-8400.
- University Police Department, 1501 Senate
Street, (803) 777-4215, (In emergencies, dial 911 from any
on-campus phone).
- Sexual Trauma Services of the Midlands, 2001-D
Greene Street, (803) 771-RAPE.
- University Housing, 1215 Blossom Street,
(803) 777-4129.
- Counseling and Human Development Center, Byrnes
Building, 7th Floor, (803) 777-5223.
- Student Judicial Programs, Byrnes Building, 2nd
Floor, (803) 777-4333.
- Substance Abuse Prevention and Education, Lower
Level, Russell House, (803) 777-6688.
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