Institutional Policy on Disciplinary Actions
Information for Crime Victims about Disciplinary Hearings
European Medical School of Massage will, upon written request, disclose to the alleged victim of any crime or non-forcible sex offense, the results of any disciplinary proceedings conducted against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of the crime or offense, the information shall be provided, upon written request, to the next of kin or the alleged victim.
Policy for Suspected Rape Victims
DEFINITION OF SEXUAL CONSENT
Sexual Consent: Sexual activity requires consent, which is defined as a clear, unambiguous, and voluntary agreement between the participants to engage in the specific sexual activity. Consent cannot be inferred from the absence of a “no”; a clear “yes,” verbal or otherwise, is necessary. Although consent does not need to be verbal, verbal communication is the most reliable form of asking for and gauging consent, and individuals are thus urged to seek consent in verbal form. Talking with sexual partners about desires and limits may seem awkward, but serves as the basis for positive sexual experiences shaped by mutual willingness and respect. Consent must be clear and unambiguous for each participant throughout any sexual encounter. Consent to some sexual acts does not imply consent to others, nor does past consent to a given act imply ongoing or future consent. Consent can be revoked at any time. For all of these reasons, sexual partners must evaluate consent in an ongoing fashion and should communicate clearly with each other throughout any sexual encounter. Statement on Force, Coercion, Incapacitation, Alcohol and Drugs Consent cannot be obtained by force, coercion, and incapacitation, alcohol or drugs. Agreement given under any of these conditions does not constitute consent.
CAMPUS SEXUAL ASSAULT VICTIMS’ BILL OF RIGHTS
The Campus Sexual Assault Victim’s Bill of Rights exists as part of the campus security reporting process according to Clery Act.
- Survivors shall be notified of their options to notify law enforcement.
- Accuser and accused must have the same opportunity to have others present.
- Both parties shall be informed of the outcome of any disciplinary proceedings.
- Survivors shall be notified of counseling services.
- Survivors shall be notified of options for changing academic and living situations. For more information, students can log onto http://www.pcar.org/ – The Pennsylvania Coalition Against Rape.
SEX OFFENSE INFORMATION:
European Medical School of Massage is committed to maintaining an environment supportive of our primary educational mission and free from exploitation, harassment, and intimidation. There is a zero tolerance for sexual assault or other forms of nonconsensual sexual activity. The School strictly enforces disciplinary action as well as prosecution through our judicial system. The School recognizes the need for confidentiality and privacy while conducting necessary investigations.
Victims of sex offenses are strongly urged to report the offense as soon as possible after the incident. Persons on campus who are prepared to provide support and information, resources and options for action to the victim are staff of the School, social services, Director of the School. A student or other campus member may also report a sexual assault to the local police at 911.
If you have been raped, you have to decide whether to report the rape to security and whether or not you are also going to report the rape to the police. These are not mutually exclusive processes. European Medical School of Massage is required by federal law to have a sexual assault policy to deal with rape and sexual assault on campus and is required by law to make this information widely and quickly available to the campus community
Types of Sex Offenses:
- Non-forcible rape
- Incest and statutory rape.
- Statutory Rape -Non-forcible sexual intercourse with a person who is under the age of consent.
- Forcible: Rape – Carnal knowledge of a person, forcibly and/or against the person’s will, or not forcibly or against the persons will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).
Friday, January 6, 2012, Attorney General Eric Holder Announces Revisions to the Uniform Crime Report’s Definition of Rape
Attorney General Eric Holder announced revisions to the Uniform Crime Report’s (UCR) definition of rape, which will lead to a more comprehensive statistical reporting of rape nationwide. The new definition is more inclusive, better reflects state criminal codes and focuses on the various forms of sexual penetration understood to be rape. The new definition of rape is: “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” http://www.justice.gov/opa/pr/2012/January/12-ag-018.html
Domestic Violence Policy
DOMESTIC VIOLENCE
The School follows European Medical School of Massage Policy on Abuse, Suspected Victims of Domestic Violence. All suspected victims of domestic violence shall receive appropriate medical treatment and supportive care. Domestic violence is a pattern of abusive behavior in which an individual establishes and maintains power and control over another with whom she/he has or has had an intimate, romantic, or family relationship. This includes but is not limited to actual or threatened physical or sexual abuse, psychological abuse, social isolation, deprivation, and intimidation.
Indicators (high-risk criteria) of Domestic Violence
- History or incident is not consistent with the kind of injury.
- Delays between the time of injury and time of presentation for treatment.
- History of previous abuse.
- Injuries are occurring during pregnancy.
- History of drug and alcohol abuse.
- Multiple healing injuries of different ages.
- Overly aggressive partner that refuses to leave them alone
- Evidence of sexual abuse.
Sexual Misconduct
The following hotlines, information, and definitions are located on the United States Department of Justice website at http://www.ovw.usdoj.gov/areas-focus.html
National Domestic Violence Hotline 1-800-799-SAFE (7233) 1-800-787-3224 (TTY)
National Sexual Assault Hotline 1-800-656-HOPE (4673)
National Teen Dating Abuse Helpline 1-866-331-9474 1-866-331-8453 (TTY)
Domestic violence can be defined as a pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. http://www.justice.gov/ovw/domestic-violence
Sexual assault can be defined as any sexual contact or behavior that occurs by force or without the consent of the recipient of the unwanted sexual activity. Falling under the definition of sexual assault is a sexual activity such as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape. It includes sexual acts against people who are unable to consent either due to age or lack of capacity. http://www.justice.gov/ovw/sexual-assault
Dating violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors.
The length of the relationship the type of relationship the frequency of interaction between the persons involved in the relationship http://www.justice.gov/ovw/dating-violence
Stalking can be defined as a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear. https://www.justice.gov/ovw/stalking
Policy on Reporting Incidents
All incidents should be reported promptly. Reports of sexual assault will be thoroughly investigated promptly by the school as well as the security department and where necessary, reported to, Spring Township, Wyomissing or Reading Police. All investigations will include the alleged victim, the alleged perpetrator, and available witnesses.
During the Incident:
- If security is called while the incident is in progress, our first goal will be to secure the safety of the individual or individuals involved.
- We will assist you in obtaining medical attention if necessary which may require a sexual assault examination to check for STD’s and injury, as well as to collect evidence of the crime. If you choose to have this type of exam, we ask that you avoid showering or changing clothing prior to the exam. Police will collect these items as evidence.
After the Incident:
- An investigator will be made available to you promptly. You also have the option of speaking to a female officer/investigator. Security will discuss all of your options with you and support you in whatever decision you decide to make. An alleged victim’s cooperation is paramount as the alleged victim will be asked to share all available information about the incident.
- If you are comfortable with making a formal complaint, you will be asked to write down everything that has happened
On-Campus Options:
There is some on as well as off campus options that we can advise you of and assist you with. Some of these may include:
- Use of safe-rooms
- Informal resolution through the Directors office
- Changing of access codes or locks to deny a suspect access to your workspace or de-activation of suspects badge entirely
- on-campus disciplinary procedures
Off-Campus Options:
- assist local law enforcement in conducting a full police investigation
- help you in obtaining a restraining order (PFA) on the individual in question
- counseling through Berks Women in Crisis and Berks County Victim Services