University of Southern California

SCampus Student Guidebook

University Governance

Policy and Procedures on Sexual Misconduct and Sexual Assault

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This policy and procedure applies only to student-on-student matters. There is a separate university policy for allegations concerning staff, faculty or student workers, which may be found on the university’s Web site.

Introduction

The University of Southern California expects that all members of the university community – students, faculty, staff and friends – should be able to pursue their work and education in a safe environment, free from sexual coercion, violence and sexual intimidation. The university community is committed to fostering a safe campus environment where sexual misconduct and violence are unacceptable, and where survivors or those who believe they were harmed by another in violation of this policy are provided support and avenues of redress as appropriate. All members of the university community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The University Sexual Misconduct and Sexual Assault Policy and Procedures have been developed to reaffirm these principles and to provide recourse for individuals whose rights have been violated.

Other related policies include: Policy on Sexual Harassment and Policy on Stalking.

National studies indicate that one in five women are victims of attempted or completed sexual assault while they are in college. A report prepared by the National Institute of Justice found that 6.1 percent of males were also victims of attempted or completed sexual assaults while in college. Statistics on sexual violence are taken very seriously by the university. Sexual assault can happen to anyone, regardless of age, gender, race, sexual orientation, gender identity or socioeconomic status. The university is committed to providing a consistent, timely and caring response to anyone who is sexually violated or assaulted within the campus community.

The University of Southern California provides sexual violence prevention education to its campus community each year. To this end, Orientation Programs, in partnership with the Center for Women and Men, provides mandatory sexual violence prevention education for all new students who attend orientation. Additionally, the Center for Women and Men provides programming throughout the year for the reduction and prevention of sexual misconduct, domestic violence, stalking and sexual harassment. The Department of Public Safety offers self-defense training by request for the purposes of risk reduction.

The nature of sexual misconduct or assault, particularly by an acquaintance, date or partner, makes it difficult for many students to report their experience. For this reason, the Center for Women and Men is designated as a place where individuals may seek confidential assistance. Staff at the Student Health Center and Student Counseling Center also assure confidentiality to students seeking their services.

Other university offices have differing obligations, however, with regard to reporting requirements. While the university recognizes that a survivor may wish to preserve her or his privacy after a traumatic experience, it should also be understood that the university has a responsibility to maintain the integrity and safety of the campus as a whole and that certain information may therefore be made public. Where circumstances exist that are deemed a danger to the university community at large, pertinent details about a sexual assault will immediately be publicly released. Further, the Student Right-to-Know and Campus Security Act (the Clery Act) of 1990 mandates the annual disclosure of statistics of sexual assaults known to have occurred within the university’s jurisdiction. Incidents reported to the Student Health Center are included in these statistics, along with statistics from the Department of Public Safety and Campus Security Authorities. No identifying information is disclosed about survivors in this statistical reporting.

Other inappropriate conduct may also be disclosed confidentially to the Center for Women and Men or reported formally without confidentiality to the Department of Public Safety and/or the Los Angeles Police Department. Other such inappropriate conduct may include: repeated telephone or email contacts of a lewd or obscene nature, personal threats, stalking, domestic violence and sexual harassment.

Definitions

For the purposes of this policy, sexual misconduct is defined as any sexual act perpetrated upon a person:

1. without his or her consent;

2. where the assailant uses physical force, threat, coercion or intimidation to overpower or control the survivor;

3. where the survivor fears that she or he or another person will be injured or otherwise harmed if she or he does not submit;

4. where the survivor has an impaired ability to give or withhold consent due to the influence of alcohol or other drugs; or

5. where consent is otherwise not freely given.

A sexual act includes, but is not limited to, actual or attempted intercourse, sexual touching, fondling and groping.

Consent is defined as positive cooperation. Consent is informed, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. When people consent to sexual activity, they will have indicated, verbally or otherwise, that they are participating willingly, freely and voluntarily. Consent is an ongoing process in any sexual interaction. Consent may be withdrawn at any time during a sexual interaction. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

If you have sexual activity with someone you know to be – or should know to be – mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or passed out), you are in violation of this policy. Incapacitation is a state where one cannot make a rational, reasonable decision because he or she lacks the ability to understand the who, what, when, where, why or how of the sexual interaction.

The Student Conduct Code (Section 11.53) lists three codes related to sexual violence.

A. Engaging in non-consensual sexual conduct or lewd, indecent or obscene behavior, which is sexual in nature, within the university community or at university-sponsored activities.

B. Non-consensual actual or attempted intercourse, sexual touching, fondling and/or groping.

C. A sexual act, either attempted or completed, when vaginal, anal or oral penetration takes place without the consent of the person penetrated, whereby intimidation, force, violence, threats or coercion are used.

Students should understand that the following circumstances apply to any of the above listed standards or any other kind of sexual misconduct by an individual student or in concert with others:

  • Sexual activity and behavior which is not consensual is defined as sexual misconduct whether the assailant is a stranger or an acquaintance of the complainant;
  • Intoxication of the accused does not diminish his or her responsibility for a sexual misconduct act;
  • In situations where the complainant is incapacitated or incapable of giving consent, which includes but is not limited to when the complainant is unable to consent due to consumption of alcohol or drugs, the accused is responsible for misconduct if the accused sexually violates the complainant.

Sexual harassment is defined in the university’s separate policy on sexual harassment.

Response to Reports of Sexual Assault and Sexual Misconduct

The university is committed to creating a campus environment that both promotes and expedites prompt reporting and timely and fair adjudication of sexual misconduct cases.

Students who are survivors of sexual misconduct or assault or attempted assault, are provided with supportive services and are entitled to certain rights that shall be accorded by all university officers, administrators and employees. Students who believe they have experienced sexual misconduct may file a formal complaint with the university and/or pursue criminal charges or legal remedies. For the purposes of this policy, the alleged assailants will be referred to as the “named student(s)” and the student filing the report of sexual misconduct will be referred to as the “reporting student(s).”

These rights include, but are not limited to, the following:

  • The right to be treated with respect and dignity by university officials.
  • The right not to be discouraged by university officials from reporting an assault to both on-campus and off-campus authorities.
  • The right to be informed of their reporting options with regard to notifying law enforcement authorities, and to be assisted in notifying such authorities if they so choose.
  • The right to be free from pressure to report assaults as lesser offenses than the reporting student perceive them to be.
  • The right to be free from any suggestion that a reporting student somehow contributed to or had a shared responsibility in the assault.
  • The right to have sexual misconduct incidents investigated by the proper civil and criminal authorities, and to have the full and prompt assistance and cooperation of campus personnel in this regard (in addition to any campus disciplinary proceedings via the University Student Conduct Code, Section 10.00).
  • The right to the same level of support at any proceeding of the Office of Student Judicial Affairs and Community Standards as is permitted to both the reporting student and the named student(s); and the right to be notified in a timely manner of the outcome of such proceeding.
  • The right to full and prompt cooperation from campus personnel in obtaining and securing evidence (including medical evidence) necessary for any potential criminal proceedings.
  • The right to have access to existing campus counseling and medical professionals, victim support services, and to be given referrals to off-campus counseling and support services if desired.
  • The right to live, attend classes and work in an environment free from unwanted contact or proximity with named student(s) insofar as the university is able.
  • The university will change a reporting student’s academic and living situation after an alleged sex offense if those changes are requested by the reporting student and the requested changes are reasonably available. Options for changes include, but are not limited to: termination of an existing housing contract, assistance in locating alternative housing and/or withdrawal from classes.
  • The university will not support retaliation against any person for exercising the right to make a formal or informal sexual misconduct complaint, to use any of the informal processes provided by the university or to testify or offer evidence connected with a complaint. Retaliation is a violation of this policy whether or not the underlying claim of sexual assault is proven. The reporting student has the option of participation within the university’s judicial proceeding. Should the reporting student choose not to participate, the university still retains the right to proceed with disciplinary action.

What To Do If You Are Sexually Assaulted

If you or someone you know has been sexually assaulted recently, there can be time-sensitive decisions to make about preventing sexually transmitted infections, preventing pregnancy and collecting physical evidence. Students who have been sexually assaulted are advised to proceed with the following:

Immediate Action to Take:

  • Go to a safe location.
  • Contact the confidential Center for Women and Men (CWM) at (213) 740-4900 (24 hours) for medical resources, emotional support and advocacy. If you prefer to seek confidential counseling off campus, call the Rape Treatment Center, (310) 319-4000 (24 hours), or Peace Over Violence, (213) 626-3393 (24 hours).
  • Get medical care as soon as possible. Go to a hospital, emergency room or a specialized forensic clinic that works with sexual assault survivors. Some options in Los Angeles include the Rape Treatment Center, (310) 319-4000 (24 hours), and the Violence Intervention Program, (323) 226-3961 (24 hours). Both locations provide medical care and the collection of forensic evidence. You may also request medications for the prevention of sexually transmitted infections, including HIV, and emergency contraception. If you think you may have been given a rape drug, request that the hospital or clinic take a urine and blood sample. These samples need to be collected quickly as these drugs leave the system quickly.
  • If you want to report the crime immediately, notify the Department of Public Safety (DPS) at (213) 740-4321 (24 hours) and/or call 911 or (626) 793-3385 (24 hours).
  • Preserve all physical evidence of the assault, even if you are unsure whether you want to report the crime. Do not shower, bathe, douche, eat, drink, wash your hands or brush your teeth until after you have had a medical examination. Save all the clothing you were wearing at the time of the assault and bring them and any other potential evidence to the medical exam. Place each item of clothing in a separate paper bag (do not use plastic bags). Do not clean or disturb the area where the assault occurred.
  • Call a trusted friend, family member or someone else who can provide support.
  • If more than one week has passed since the assault, or if you are certain that you do not want the collection of forensic evidence, University Park Health Center, (213) 740-9355, provides medical care, including emergency contraception, and testing for sexually transmitted infections.

Follow-up Action to Take:

If the alleged assailant is a USC student, you can file a formal report with the Office of Student Judicial Affairs and Community Standards (SJACS) at (213) 821-7373. This can be done in addition to filing a report with DPS and filing a Los Angeles Police Department report. Students should note that any report filed with DPS, whereby the accused individual is a named student, will be given to SJACS, which will move forward on appropriate action.

  • Talk to a counselor for emotional support and advocacy. You can speak confidentially with a counselor on campus at the Center for Women and Men, (213) 740-4900 (24 hours). If you prefer to seek confidential counseling off campus, call the Rape Treatment Center, (310) 319-4000 (24 hours), or Peace Over Violence, (213) 626-3393 (24 hours).
  • The CWM and/or SJACS can meet with the reporting student to explain the process and provide the option to participate in the judicial proceeding. Reporting individuals do retain the option to participate, however, the university may still proceed with its investigation in the absence of cooperation by the reporting party.
  • Students who have been sexually violated have up to two years, from date of incident, to report the sexual misconduct.

Confidentiality

Students who have been sexually assaulted or are victims of sexual misconduct should be reminded that they may receive confidential assistance from the Center for Women and Men and from the Student Health Center. All other university personnel who have been deemed Campus Security Authorities are required to notify the Department of Public Safety upon receiving a report of sexual assault.

Resident advisors (RAs) are not considered to be Campus Security Authorities, and are therefore not required to notify the Department of Public Safety upon receiving a report of sexual misconduct. They are, however, under their name, required to file an anonymous report on behalf of the student and to refer the student to the Center for Women and Men immediately upon receiving such a report. A student who tells her or his RA about a sexual misconduct incident will be informed of this requirement, but will be assured of the confidentiality of any ensuing contact which may be made by the Center for Women and Men.

Named Students

When a report is made alleging that sexual misconduct has been perpetuated by a student against another individual, the university is committed to providing a fair and appropriate adjudication, in addition to assisting the law enforcement authorities with any criminal investigation that might occur.

A student who is named in a report of sexual misconduct against an individual is entitled to an advisor. The advisor offers information and support to the named student, and ensures that the named student understands the roles of any individuals, offices or departments that may be involved in responding to the reported incident. The advisor may accompany the named student to all proceedings of the Office of Student Judicial Affairs and Community Standards.

The advisor also provides referrals to counseling or other support services on and off campus if desired.

Students should understand that the use of alcohol or other drugs in no way diminishes their personal responsibility for acts of sexual misconduct perpetrated while under the influence of such substances.

Retaliation

It is a violation of the Student Conduct Code (11.55) to retaliate (intimidate, threaten or impede an investigation) against any person for exercising the right to make a complaint. Retaliation is a violation of this policy whether or not the underlying claim of sexual assault is proven. Anyone who perceives retaliation should immediately notify the appropriate department that may initiate a formal investigation under the Student Conduct Code.

In the event of an assault by or against staff, faculty or a student worker, the Office of Equity and Diversity should be notified or will be notified by the reporting party or the Student Judicial Affairs and Community Standards office. The Office of Equity and Diversity will conduct the investigation. The Office of Equity and Diversity also houses the Title IX coordinator and investigates all Title IX complaints against the university, as well as retaliation complaints related to Title IX reports.

Sanctions

Offenders are subject to disciplinary action as outlined in the university Student Conduct Code (Section 11.80) printed in SCampus. If found responsible for any violation of the Student Conduct Code, one or more of the following sanctions may be imposed for violations of this university policy:

11.81

Expulsion from the University: Permanent termination of student status. Permanent notation will appear on the student’s transcript. The student will be excluded from all classes, seminars and programs; will not be allowed to participate in any university-sponsored activity; may not receive a USC degree; and is barred from university premises. If the expulsion becomes effective during a semester for which the student currently is enrolled, the student’s enrollment will be cancelled by the university resulting in marks of “W” for the enrolled courses on the student’s academic transcript.

11.82

Suspension from the University: Termination of student status for a specified but limited period of time. A permanent notation will be made on the student’s transcript indicating the period of suspension and the date of removal of suspension. During the period of suspension, the student will be excluded from all classes, seminars and programs; will not be allowed to participate in any university-sponsored activity; and is barred from university premises. A restriction will be placed prohibiting the student from performing any registration transactions during the period of suspension. The restriction will not be removed, and the student will not be allowed to perform registration transactions, until the stated period of suspension has expired. During the period of suspension, the student may not complete academic work elsewhere that may be counted toward the completion of a USC degree. Violation of the conditions of suspension, university policies or regulations during the period of suspension may be cause for further disciplinary action, usually in the form of expulsion from the university. Normally after the suspension, the student will be on disciplinary probation for a specified period of time. If the suspension becomes effective during a semester for which the student currently is enrolled, the student’s enrollment will be cancelled by the university resulting in marks of “W” for the enrolled courses on the student’s academic transcript.

11.83

Interim Suspension/Action: The Vice President for Student Affairs or designee may initiate interim suspension or action against a student or organization pending disciplinary proceedings whenever there is evidence that the student or organization poses a substantial threat to the safety or well-being of members of the university community, to property within the university community or when a student or organization poses a continuing threat of disruption or interference to normal university life or functions. A student or organization subject to interim suspension or action will be given prompt written notice of the charges and the opportunity for a review within 15 days of the notice, unless a later date shall be mutually agreed upon by the accused student or organization and the Office of Student Judicial Affairs and Community Standards.

A. Interim Suspension: Exclusion from all classes, seminars and programs; prohibition of participation in university-sponsored activities; and exclusion from university premises.

B. Interim Action: Includes, but is not limited to, exclusion from university housing or a specified portion thereof, or from other specified activities or areas of the campus as set forth in the written notice of Interim Action.

11.84

Revocation of Admission: The student loses admitted status to the university. The student may not continue enrollment or enroll for future semesters and may not receive a USC degree. Normally, revocation of admission precludes the student from the opportunity to apply to or be admitted to any program at the university in the future. A permanent notation will be made on the student’s transcript indicating that admission was revoked and the date of the action. If the revocation of admission becomes effective during a semester for which the student currently is enrolled, the student’s enrollment will be cancelled by the university resulting in marks of “W” for the enrolled courses on the student’s academic transcript.

11.85

Revocation of Degree: The student loses the right to claim the degree as earned. Posting of the degree will be removed from the student’s transcript, and a permanent notation will be made on the transcript indicating the revocation, the degree involved and the date of the action.

11.86

Dismissal from an Academic Unit: Permanent termination of the student’s right to enroll or participate in the classes, seminars and/or programs of a specific academic unit, school or department.

A. Undergraduate Students: Dismissal from a specific undergraduate academic unit shall not prevent undergraduate students from enrolling in other university academic units. Normally after dismissal from an academic unit, the student will be on disciplinary probation for a specified period of time.

B. Graduate Students: Students who have been dismissed from a specific graduate academic unit may not enroll in other graduate programs unless they have gained formal admission to such programs.

11.87

Removal from an individual course or section of a course. Removal precludes the student from participation in and attendance of the course or section, or any of its sessions. In multiple section courses, the student will not necessarily be allowed to transfer to another section.

11.88

Grade Sanctions: Any disciplinary grade reduction including, but not limited to, grades of “F” or no credit for a course, a reduced grade for a course, grades of “F” or zero credit for assignments, or reduced credit for assignments.

11.89

Disciplinary Probation: Indicates that the student has engaged in unacceptable behavior and may be required to report to the Office of Student Judicial Affairs and Community Standards and meet specific conditions related to the violation during the probationary period. Additionally, the student is given written notice that any further violations of university policies may result in more severe sanctions such as eviction from university housing, suspension, dismissal from an academic unit or expulsion from the university.

11.90

Disciplinary Warning: Written reprimand for violations of specified university policies or regulations, including notice to the student that continued or repeated violations may be cause for further disciplinary action, normally in the form of disciplinary probation, suspension or expulsion.

11.91

Restitution: Reimbursement for damage to university property or for misappropriation of university property or services may be imposed in combination with other disciplinary action where appropriate. The student may be required to make reimbursement to the university for property damages incurred as a result of a violation of this code. Such reimbursement may take the form of monetary payment or appropriate service to repair or otherwise compensate for damages. Restitution may be assigned for minor damage to the property of individuals or groups within the university community, but adjudication of student discipline usually will defer determination of significant restitution to other appropriate processes.

11.92

Restriction or Loss of Computing Privileges: Consequences for violation of the University Computing Policies or violations involving use of university computing services may include:

A. Restrictions placed on the use of university computing resources that may include prohibition of access to particular facilities or resources (e.g., Resnet), or limits placed on the use of university computing resources (e.g., restriction to use for specified academic work only).

B. Loss of privilege of using university computing resources for any purpose, including academic work. Loss of privilege may be temporary or permanent.

11.93

Organizational Sanctions: All residential and non-residential organizations, clubs and similar organized groups are responsible for compliance with university rules and regulations. Upon a determination that the group has encouraged violations or did not take reasonable steps as a group to prevent violations of university rules and regulations, the group may be subjected to permanent or temporary removal of recognition/registration, social probation, denial of the use of university facilities or other appropriate sanctions (see Policy Concerning Group Responsibility for Student Organizations).

11.94

Other Sanctions: Other sanctions may be imposed instead of or in addition to those specified in the above list. Examples include but are not limited to: university housing reassignment or removal, restrictions upon or denial of driving privileges on campus, prohibition of student leadership opportunities, counseling, community service work, research projects, seminars, classes or other educational experiences deemed appropriate. Certain sanctions also may be assigned as “deferred” under appropriate circumstances (e.g., deferred removal from housing, deferred suspension from the university, deferred loss of organizational recognition).

A student who is named in a report of sexual assault against another student is assigned an advocate through the Associate Dean of Student Affairs in the Office of the Vice President for Student Affairs. The advocate offers information and support to the named student, and ensures that the named student understands the roles of any individuals, offices or departments that may be involved in responding to the reported incident. The advocate may accompany the named student to all proceedings of the Office of Student Judicial Affairs and Community Standards.

The advocate also provides referrals to counseling or other support services on and off campus if desired.

Revised November, 2011.


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