Draft "Campus Sexual Misconduct Policy" for consideration before scheduled (in-class) hearing

The drafting committee of Cody V., Jesse W., and Madi W., has submitted this draft Campus Sexual Misconduct Policy for consideration:

Goal: Prevent sexual misconduct of all kinds and rape on campus, along with providing accused offender’s protection from false accusations.  These are extremely serious claims, and we will treat them as such. We are proposing strict and strong punishments, with the goal to prevent repeated offenses.  All students should be allowed to continue their progress towards graduation at a pivotal point in life in a safe environment.

Premise: Upon becoming students, they will sign legal waivers, requiring them to cooperate with sexual misconduct and rape investigations. They will be required to produce all materials pertinent to the investigations, including phone records, etc.

Section 210.0 Definitions:

Sexual misconduct: any touching of the body parts of another person or forced sexual penetration of another when consent is not provided. This is a broad term that encompasses sexual harassment, sexual assault, relationship violence, stalking, and sexual exploitation.

Consent is a knowing and voluntary expression to engage in a sexual act prior to and during it:

a. Silence or an absence of resistance does not imply consent;

b. Consent can be withdrawn at any time;

c. Substantial impairment of an individual indicates they lack the capacity to give knowing consent;

d. Past consent does not imply future consent;

e. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another; and

f. Coercion, force, or threat of either invalidates consent.

Watch List: Police/investigators monitoring future actions of students.

Appropriate measures: any reasonable action(s) to stop or bring awareness to the situation without endangering one’s life.

Overwhelming evidence: evidence of anything that was seen or experienced. Includes witnesses, biological evidence such as semen, blood, saliva, etc.

Date-Rape Drug: any substance that is used to rape or sexually assault another person. This includes alcohol and some medications such as Ketamine, Rohypnol, and GHB, etc.

Section 210.1

(1) A person is guilty of sexual misconduct if they commit any of the following:

(a) Sexual harassment

(b) Sexual assault

(c) Relationship violence

(d) Stalking

(e) Sexual exploitation

(2) A person is guilty of rape when non-consensual sexual penetration occurs, whether orally, anally, or vaginally.

Section 210.2 - Punishment

(1) Rape

(a) If clear and obvious evidence of rape is presented through an investigation, the student is permanently expelled from school and immediately required to leave campus.

(b) If evidence is unclear, student will be placed upon suspension and required to leave campus pending investigation

   (i) If the investigation determines that one has committed rape it will lead to permanent expulsion.

   (ii) If the investigation determines that one has not committed rape, the student will be placed upon the watch list and allowed to return to classes and campus.

(2) Sexual Misconduct

(a) If clear and obvious evidence of sexual conduct is presented through an investigation, student is to be suspended.

   (i) 2-year suspension from the semester of the incident and must participate in sexual assault classes. Upon return the student may not live on campus and will be added to the watch list.

(b) If an investigation offers no evidence to support sexual misconduct:

   (i) the student is allowed back into classes immediately upon clearance. The student will be added to the watch list.

(c) If a student on the watch list has continuously received complaints towards them, the student could be subjected to expulsion from the university.

(3) False Accusations

(a) If overwhelming evidence proves the allegation to be false and intentionally made up, the accuser will be suspended from school for 1 year with required furthering education.

(b) If an investigation determines that an accusation was falsely made, the accused student will be removed from the watch list.

(4) Date-Rape Drugs

(a) If found in possession of “date rape drug” - permanent expulsion from school

(b) If evidence of use of date rape drug - permanent expulsion from school

(5) Duty to intervene:

(a) If a student is witness to any sexual misconduct or rape, they must take appropriate and reasonable measures to intervene.

(b) In violation of this subsection:

   (i) One will be required to take bystander intervention courses and any other necessary educational courses.

   (ii) One will be suspended under certain severe circumstances