Sexual Assault Information

It is the policy of Embry-Riddle that no student or employee may threaten the health and safety of a member of the university community, any person on university property, or at a university sponsored or supervised activity, through the commission of sexual assault, including acquaintance rape. The university provides ongoing educational programs which are designed to promote awareness of sexual offenses. Informational brochures and videos are available through the Counseling Center, and special presentations are conducted by the Safety Department. The university has established an official Policy and Procedure which includes the following information.

Consideration and rights to be afforded to all campus community members who are victims of sexual assault:

The right to have all sexual assaults against them treated with seriousness; and the right, as victims, to be treated with dignity.
The right to have sexual assaults committed against them investigated and adjudicated by the duly constituted criminal and civil authorities of the government entity in which the crimes occurred; and the right to the full and prompt cooperation and assistance of campus personnel in notifying the proper authorities.
The right to be free from pressure that would suggest that the victim: (i) not report crimes committed against them to civil and criminal authorities or to campus law enforcement and disciplinary officials; or (ii) report crimes as lesser offenses than the victim perceives them to be.
The right to be free from suggestions that sexual assault victims not report, or under-report, crimes because:
1. Victims are somehow "responsible" for the commissions of crimes against them.
2. Victims were contributorily negligent or assumed the risk of being assaulted; or
3. By reporting crimes they would incur unwanted personal publicity.
The right to the full and prompt cooperation from campus personnel in responding to the incident.
The right to access counseling services established by the university, or other victim-service entities.

Consideration and additional rights to be afforded to campus community members who are victims of sexual assaults which occur on University property:

After campus sexual assaults have been reported, the victims of such crimes shall have:

The right to require that campus personnel take the necessary steps or actions reasonably feasible to prevent unwanted contact or proximity with alleged assailants.
The right to be informed of the disciplinary proceedings as well as the outcome of such proceedings.
The same right to assistance, or ability to have others present, which is afforded to the accused during any campus disciplinary proceedings

Disciplinary Action

In addition to any criminal or civil actions which may be pending or in process, the university reserves the right to pursue separate disciplinary action. Persons found responsible for sexual assault may expect disciplinary actions up to and including dismissal from the university.

Responding to sexual assault cases

• A number of university personnel are available, if desired, to assist victims of sexual assault as soon as there is knowledge of an incident. Staff from the following departments are available to assist: the Counseling Center, Health Services, Housing, Safety, and the Department of Student Services. Staff in Human Resources are available in the event that a faculty or staff member is involved.

Any person contacted should do the following:

a. Make the individual feel secure.

b. Make the individual aware of medical treatment facilities, counseling agencies, and legal resources available and encourage contact with those that are necessary or appropriate.

(i) The Rape Crisis Center: Phone 258-RAPE, or 258-7273, 24 hours.

(ii) The Victim Advocate Office of the State Attorney’s Office: Phone 239-7720, Monday-Friday, 8:00 a.m. - 4:00 p.m., or 254-4679 (direct line). The State Attorney’s Office will send a representative to meet with the individual to determine whether a crime has been committed. This person will assist in preserving
evidence and in directing the individual to appropriate agencies for assistance.

(iii) The Police Department: Phone 911 (contact Campus Safety at ext. 6480 following this call).
The responding police officer will investigate the incident, collect any evidence, and refer the individual to the Rape Crisis Center for treatment. If the individual wishes to press criminal charges, immediate notification to the police is important so that evidence at the scene may be preserved.

(iv) A local hospital, in case of serious physical injuries.

c. Continue to assist the individual as needed or desired.

Any responding University official should notify the Dean of Students Office as soon as possible. This office will determine the following:

a. Additional actions which may be undertaken to assist the individual in dealing with the aftermath of the incident: for example, contacting faculty members to ask for extensions for assignments, serving as a resource for continued support, changing academic and living situations, etc.

b. The need to notify the Safety Office and any additional university personnel; i.e., university officers, public relations, risk manager, etc.

c. The procedure for further investigation of the incident and possible disciplinary action.

d. The need to notify Human Resources in the event an employee is involved in an incident.

A University Judicial Officer and/or the Associate Dean of Students have the responsibility to receive and investigate complaints arising out of claims that a violation of the sexual assault policy has been
violated. After the investigation, it will be determined if charges are to be brought against a student. If charges are brought, a written notice, along with a hearing date and time will be forwarded to the student.
After the hearing, it will be determined if the student is to be held responsible for the violation(s). If the student has been found responsible, the appropriate sanction(s) will be applied.

When the sanction(s) does not involve suspension or dismissal from the university, the student may ask for a review of the case by the Dean of Students or his designee. When such a review is conducted, the individual will not substitute his/her judgement for that of the original hearing officer, but rather the scope of the review will be limited to determining if a fair hearing has been provided and whether the sanction(s) imposed, given the relevant facts, was appropriate.

When the sanction(s) levied involves suspension or dismissal from the university, a student may request an appeal for a hearing before the University Appeals Board, providing the request is made in writing within two working days following the receipt of a decision.

Granting a request for an appeal/review will be based on evidence not previously presented or on a breach of the student’s rights and responsibilities.