Sexual Assault Information

In certain cases, the University's conduct code applies to situations of the sexual misconduct of a student. When a case is filed, the same procedures apply for the person making the complaint and for the student accused as with other types of non-academic misconduct. You may want to see the web pages How Do I File a Complaint? and What Happens if a Complaint is Filed Against You?.

Survivors are also encouraged to consider the options of filing criminal or civil charges as a result of the incident. Choosing to file a complaint under the University conduct program does not preclude using these other remedies. One should contact a police officer or attorney to explore those possibilities. The police can assist you in getting specialized medical care, in gathering and preserving physical evidence, and in resolving concerns.

Rules

The University of Oregon rule against sexual misconduct (as of May 28, 1997) reads as follows:

"(20) This section details the offense of sexual misconduct.
(a) Sexual misconduct, an offense the University of Oregon recognizes as an act of violence is committed when a student initiates a sexual act as described in subsection (c) of this section when the act:  (A) materially interferes with another person's academic performance or participation in University-sponsored or supervised activities, or performance of University employment; or  (B) is committed on University-owned or controlled property, or at University sponsored or supervised activities; or  (C) demonstrates reasonable threat to the health or safety of the campus community or the alleged student survivor.

(b)Sexual gratification or pleasure of any party involved is not relevant to an offense in this subsection.

(c) The following are sexual misconduct offenses: 
(A) Rape is an offense committed by a student who engages in penetration of another person, or who causes the penetration of another person, and who (i) does not first obtain explicit consent from that person or (ii) knows or should have known the person was incapable of consent by reason of mental disorder, mental incapacitation, or physical helplessness. 
(B) Sexual Assault is an offense committed when a student subjects another person to sexual contact without having first obtained explicit consent or when he or she knows or should have known the person was incapable of consent by reason of mental disorder, mental incapacitation, or physical helplessness; and when a reasonable person would know that such contact would cause emotional distress.

(c) The following definitions apply to this offense:
(A) "Explicit Consent" means voluntary, non-coerced and clear communication indicating a willingness to engage in a particular act. "Explicit Consent" includes an affirmative verbal response or voluntary acts unmistakable in their meaning. (B) "Penetration" means any degree of insertion, however slight, of the penis or any material object into the vagina or anus.
(C) "Sexual Contact" means the touching of the genitalia, anus, buttocks or breast of a person or causing such person to touch the genitalia, anus, buttocks or breasts of another.
(D) "Mental Disorder" means that a person suffers from a mental disease or disorder that renders the person incapable of appraising the nature of the conduct of the person.
(E) "Mental Incapacitation" means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense because of the influence of a controlled or other intoxicating substance or because of any act committed upon the person without the consent of the person.
(F) "Physical helplessness" means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. "

Several other rules may apply to the situation, for example;

You may want to read the full text of these rules from the Student Conduct Code.

Standard of Proof

As with other cases, cases are decided if the preponderance of the evidence (more than half) indicates some misconduct occurred. This is the same standard used in other administrative hearings and in civil actions, such as law suits. It is a much lower standard then the one used in criminal cases, which is the "beyond a reasonable doubt" standard.

Jurisdiction

Like other conduct cases, the person accused must be a student. The survivor can be any person if the incident took place on campus or at a University sponsored or supervised event, however co-op, fraternities, and sororities are not University property nor are they University supervised.

If the incident took place off campus, the survivor must be a student or University employee for whom the incident has resulted in interference with academic performance, participation in University activities, or performance of University employment.

If a conduct case is to be pursued, charges must be filed against the student within 6 months of the time ANY University employee became aware of the incident. Since evidence is easier to obtain immediately following a situation, the sooner the decision can be made, the better.

Survivor's Rights

You have the right to make your own decision about what you want to do as a result of the incident. Staff in the Conduct Program and Office of Student Life are available to advise you of your options and support you in your decision. The only exception to this is that the University must proceed without your consent when there is imminent threat to the safety of other members of the University community.

You have the right to privacy and confidentiality. The University will not release you name to anyone, with one exception. If you decide to file a complaint, the accused has a right to see the complaint and know your name.

If you decide you want to file a complaint through the conduct program, the Director of Student Judicial Affairs will meet with you to discuss your situation and ask what outcome you would like to see.

You will discuss how cases are resolved by both the formal and informal procedures (see What Happens if a Complaint is Filed Against You?) and your role in either method. The basic difference is that if the case is handled formally, you must be willing to appear before the hearing's officer and be present in the same room as the accused student, to tell what happened. You may be cross-examined, but the University's role is to substantiate the charges that have been brought.

If the case is handled informally, you only have to tell your story to the conduct staff member, without the accused student being present. Informal cases cannot be appealed, but expulsion, suspension from the University, or negative notations on transcripts cannot be imposed.

In either case, you will be allowed to tell what happened to you and how it has effected you. You have the right to have an advisor or support person with you in any meeting you have about the incident with University personnel. In all cases, it is the University's responsibility to present all available evidence.

You have the right to apply for what is called "Party Status" in a formal case. That would allow you to remain in the room throughout the hearing to participate in all the proceedings, such as cross-examining other witnesses. See OAR 571-02-010.

If I am the Survivor of Unwanted Sexual Behavior or Sexual Misconduct,
What Should I Do Next?

If you have any concern for your immediate safety, contact the Office of Public Safety (346-6666) or the Eugene Police (911) immediately. Advocates are available in Eugene 24 hours a day by calling Sexual Assault Support Services (SASS) at Crisis Line: 343-SASS (7277), Business Line: 484-9791 (Office and Address:591 W. 19th Ave., Eugene 97401). If you report the incident to the police, an advocate from Victim's Services will help you.

For help in coping with the strong feelings often caused by such an incident, you are encouraged to see a counselor. She or he may also be of assistance to you in deciding what other steps you want to take. If you are a University student, you may see someone in the University Counseling Center on campus. They are located on the second floor of the Student Health Center building.

If you have health concerns and you are a student, you may want to see a physician in the Student Health Center.

The ASUO Women's Center is available for those who would like information and referral to campus and community resources. The center is located in Suite 3 in the EMU.

For some reason if you don't want to report such an incident to listed offices, but want someone to know what happened, you may use the Unofficial Report form. You can remain anonymous. Reporting helps those on campus who are working in the sexual assault prevention to get a better ideas of what sorts of problems students are having. The report forms are available throughout campus, including the EMU, Women's Center, the Office of Student Life, in the residence halls and the Office of Student Advocacy.

In some cases, the survivor may wish to resolve the situation through the process of mediation, however that is not an option when any violence is involved. To explore this option, contact the Mediation Program at 346-4240.

If you need to get excused from classes as a result of the incident, contact a staff member in either the Office of Student Life or Academic Advising and Student Services, both in Oregon Hall.

If you want to get information about what will happen if you file a complaint, make arrangements to see the Director of Student Judicial Affairs. Confidential appointments can be made by calling 346-1140.