Daytona Beach Campus Safety & Security
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 Campus Safety & Security 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:
- Victims are somehow "responsible" for the commissions
of crimes against them.
- Victims were contributorily negligent or assumed the
risk of being assaulted; or
- 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, Campus Safety & Security, 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) Sexual Assault Recovery: Phone 258-RAPE, or 258-7273.
(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 & Security at 386-226-6480 following this call).
The responding police officer will investigate the incident,
collect any evidence, and refer the individual to the Sexual Assault Recovery 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 Campus Safety & Security 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 her designee. When such a review
is
conducted, the individual will not substitute his/her judgment
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.
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