I. POLICY STATEMENT

The University of California at Berkeley is committed to creating and maintaining an environment in which all persons who participate in University programs and activities can work together in an atmosphere free of all forms of harassment, exploitation, or intimidation. Every member of the University community should be aware that such behavior is prohibited by law and by University policy and that the University will not tolerate sexual misconduct in any form, including acquaintance or date rape. The University will take appropriate action to prevent, correct, and discipline behavior that is found to violate campus policy or regulations proscribing rape* or sexual assault.

The campus' first responsibility in responding to reports of sexual assault is attending to the needs of the individuals involved (e.g., the student who reports being sexually assaulted, roommates, family members, and close friends). All reports of sexual assault are taken with the utmost seriousness, and the student will be referred to the appropriate persons or units for assistance. The campus is also responsible for ensuring that the individual charged with committing the assault is treated fairly. The alleged assailant will be presumed innocent until proven guilty and will be referred to appropriate services for assistance.

Established principles of confidentiality, arising under policy and law, and recognition of the concern for privacy inherent in allegations of sexual misconduct are maintained. To protect the individual's privacy rights, the names of individuals or other identifying information, especially that contained in written documents and notes, will only be disclosed to third parties if prior written permission is given by the individual concerned or to those authorized by state or federal law to receive such information.

*Except where otherwise necessary, this policy will hereinafter refer to both rape and sexual assault simply as "sexual assault."

II. APPLICABLE STANDARDS

This policy addresses sexual misconduct only as it affects Berkeley students, both as those who report being sexually assaulted and as those who have been charged with the commission of such an offense. Other policies may also apply to non-students alleged to have committed rape or sexual assault.  The Faculty Code of Conduct, as adopted through resolution of the Academic Senate, outlines ethical and professional standards which University faculty are expected to observe. It also identifies various forms of unacceptable behavior which are applicable in cases of sexual harassment and outlines sanctions and disciplinary procedures. For staff members, existing provisions of Staff Personnel Policy, Administrative and Professional Staff Program Policy, Management and Professional Program Policy, Executive Program Policy, or memoranda of understanding prohibit conduct which violates law and University policy, and provide for disciplinary action for inappropriate conduct.

This policy defines the acts of sexual misconduct prohibited by the Campus Code of Student Conduct, and provides guidance on what students should do if they have been sexually assaulted and what the campus will do if a sexual assault occurs. A student alleged to have engaged in sexual misconduct can be prosecuted under California criminal statues and/or disciplined under the Campus Code of Student Conduct. For language concerning the criminal standards that may apply to these complaints, please refer to the California Penal Code.

The Campus Code of Student Conduct prohibits rape, sexual assault, or sexual harassment by students. The following policy definitions apply:

A. Rape is defined to include all acts of sexual intercourse involving penetration imposed under the following circumstances:

1. where the complaining party is incapable, because of a mental, developmental, or physical disability, of giving legal consent and this fact is known or reasonably should be known to the person committing the act; or
2. where such an act is accomplished against a person's consent by means of force, coercion, duress, violence, or reasonable fear of harm to the complaining party or another; or
3. where the complaining party is prevented from resisting or giving consent as a result of intoxication, or is unconscious at the time of the act, and this fact is known to the person committing the act.

Acquaintance rape is sexual intercourse undertaken by a friend or acquaintance without the consent of the student. A student found guilty of committing rape under the Code is subject to dismissal by the University.

B. Sexual assault is defined as the imposition of non-consensual sexual conduct excluding rape, including but not limited to oral copulation, penetration by a foreign object, or caressing, fondling, or touching of a person's genitalia, buttocks, or breasts. A student found guilty of committing sexual assault under the Code is subject to dismissal by the University.

C. Consent is defined as positive cooperation in act or attitude pursuant to an exercise of free will. The individuals consenting must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. It is a defense to the allegation of non-consent that a defendant held a reasonable and good faith belief that the complainant was consenting.

A current or previous dating relationship is not sufficient to constitute consent. The determination regarding the presence or absence of consent should be based on the totality of circumstances, including the context in which the alleged incident occurred. The fact that an individual was intoxicated at the time may be considered in determining whether that person had consented to the act in question. Students should understand that consent may not be inferred from silence or passivity alone.

D. Sexual harassment is described in the Campus Code of Student Conduct and the Campus Policy on Sexual Harassment and Complaint Resolution Procedures. Copies are available from the Gender and Equity Resource Center, 202 Cesar Chavez Center, 643-5727;  Office of Student Life, 102 Sproul, 642-5171;  Office of Student Conduct, 326 Sproul Hall, 643-9069;  or the Title IX Compliance Officer, 200 California Hall, 643-7985. Any violation of the Policy on Sexual Harassment constitutes a violation of the campus Code of Student Conduct.

E. The term "student" means an individual for whom the University maintains records and who: (a) is enrolled or registered with an academic program of the University, this may include Summer Sessions, University Extension, and visiting scholars; (b) has completed the immediately preceding term and is eligible for re-enrollment, including the recess periods between academic terms; or (c) is on approved educational leave or other approved leave status, or is on filing-fee status.

Whether or not the criminal justice authorities choose to prosecute, the campus can pursue formal disciplinary action against a student alleged to have committed a sexual assault. Responsibility for pursuing campus disciplinary actions involving students rests with Office of Student Conduct. The campus has jurisdiction over offenses by students that occur on University property (such as classrooms and residence halls), in other locations in the immediate vicinity of the campus (such as nearby fraternity and sorority houses, the student co-ops, and apartment buildings), and at official University functions.

Pending a formal disciplinary hearing, the campus may take a variety of administrative measures against a charged student, including restriction of privileges and services, interim suspension, and exclusion from certain campus areas, such as classrooms and residence facilities. To prevent further conflict between the parties, the campus may utilize administrative reassignment procedures to move individuals to another residence hall or complex, limit access to a specific hall or complex during the course of a campus or criminal investigation, or make academic accommodations as appropriate for either party. Normal student conduct procedures will be followed in resolving allegations of sexual misconduct, with the following exception. A hearing in a case concerning allegations of sexual misconduct may be closed to the public if the hearing body determines that the privacy rights of a witness, including those of the individual who reports being sexually assaulted, may otherwise be jeopardized.

III. COORDINATION OF CAMPUS RESPONSE

The University has an obligation to communicate information regarding University policies, regulations, and procedures to concerned members of the University community, including family and friends of the students involved, and to the general public, and has a legal obligation to disclose the outcome of the discipline proceedings to the student who reports being sexually assaulted. Responsibility for coordination of the campus response is delegated to the Title IX Compliance Officer. Pursuant to federal Law, the University also has a legal responsibility for documenting and reporting the incidence of sexual assault on the Berkeley campus. This responsibility is delegated to the Campus Police Department. The Vice Chancellor for Undergraduate Affairs and the Vice Chancellor for Business and Administrative Services are responsible for the detail at the Chancellor's level.

IV. CAMPUS PREVENTION AND EDUCATION EFFORTS

The University of California at Berkeley employs a multifaceted approach to preventing sexual assault. The campus maintains Sexual Assault Prevention, Medical and Counseling Services, housed at the University Health Services, and other prevention initiatives, including those housed within Undergraduate Affairs, in particular the Office of Student Life and the Gender and Equity Resource Center; the Campus Police Department; the Housing Office; and other campus units. These groups collaborate to distribute the Policy and Procedures Regarding Sexual Assault and Rape; to provide educational workshops to campus officials, staff, and students; and to develop and disseminate educational materials relating to the prevention of sexual assault.

More specifically, the following campus programs offer prevention, risk reduction and educational resources:

• Sexual Assault Prevention, Medical and Counseling Services, are a collaborative effort of several units within University Health Services for preventing and responding to a sexual assault. The program provides in-service training for key campus officials; a peer educator program; educational workshops for students; educational materials; and consultation on prevention strategies to campus departments.
• The Campus Police Department maintains a proactive Crime Prevention Unit. Part of this unit is Cal-B-Safe, the education and promotional arm of campus safety programs. Cal-B-Safe offers programs and services including Mace Training Classes, Self-Defense Classes, Night Safety Express, Night Escort Service, and Safety Presentations.
• The Gender and Equity Resource Center sponsors prevention efforts, including outreach efforts of the Sexual Harassment Advocacy Peer Educators (SHAPE) Program, and co-sponsoring Sexual Assault Awareness Week and other prevention programs.
• The Office of Student Life provides numerous prevention activities including training for fraternities and sororities and other university affiliated student groups.
• Self-defense classes are also available through the campus Recreational Sports Facility.
• The Housing Office also organizes a variety of prevention activities for their residents. These prevention activities include Residence Hall Staff training, and prevention oriented fairs and programs

V. CAMPUS PROCEDURES FOR RESPONDING TO A SEXUAL ASSAULT

This section outlines the procedures the campus follows in responding to reports of sexual assault allegedly committed by students. It assumes that the incident occurred on or near campus (at an official University function or on University property). However, many of the procedures and services described here also apply if the incident happens off campus or if the individual reporting the assault is not a student.

• When an incident is reported to any unit providing sexual assault resources on campus, the person to whom the report is made shall inform the student of her or his option to notify local law enforcement authorities, including the Campus Police Department, of the incident. The student shall also be informed of the importance of preserving evidence required for proof of possible criminal activity, and of the availability of institutional personnel to assist the student in notifying the authorities of the incident, upon the student's request. Finally, the student shall also be informed of the existing on- and off-campus counseling and other student services, as outlined below.

A. The campus provides confidential and trained assistance to individuals reporting a sexual assault. Primary assistance is provided through Sexual Assault Prevention, Medical and Counseling Services at the University Health Services. Sexual Assault Prevention, Medical and Counseling Services offer both immediate and ongoing response to students, including confidential crisis counseling and assistance and advocacy with the initial medical evaluation, criminal and civil procedures, and academic and housing issues. The University Health Services also provides general medical care for students who report being sexually assaulted, and other services including pregnancy and sexually transmitted disease testing, and treatment for injuries sustained during an assault.

B. The Sexual Harassment/Sexual Assault Resource Specialist at the Gender and Equity Resource Center provides initial crisis intervention and support throughout the complaint process as the student makes use of other campus services. The Center serves as a "home base" for students who report being sexually assaulted; it does not provide counseling therapy but provides information, advocacy, and support throughout the administrative process following a sexual assault.

C. The Housing Office provides a number of resources. Residential Life staff have received training in responding to students who are assaulted, including providing initial support, helping students access appropriate campus services, handling housing issues, and maintaining a healthy living environment in the residence unit as a whole.

D. Off-campus resources include referrals to local physicians, Highland Hospital, community resources such as Bay Area Women Against Rape, and local law enforcement authorities, such as the Berkeley and Oakland City Police Departments.

• If the student is willing to report the incident to the Campus Police Department, she or he is informed that physical evidence can be collected at the same time as medical care is provided, but that medical evidence for a criminal prosecution cannot be collected without a report being made to the police. Under these circumstances, the student is given instructions (detailed in Appendix) so that important physical evidence can be preserved. In instances where police authorize, the state will assume the cost of the medical exam.
• Although the student is not required to notify any law enforcement authority regarding the incident, the person to whom the report is made shall contact the Campus Police Department to inform them that a sexual assault may have occurred. The Campus Police Department in turn shall notify the Title IX Compliance Officer, who is responsible for coordinating the campus' response to the incident. Licensed mental health workers, who learn about sexual assault as part of their professional roles, are required to maintain confidentiality. Hence only anonymous summary statistical information will be reported.
• After the Campus Police Department is contacted, a uniformed officer will be dispatched to take the report. The student may request a male or female officer to take the report and this request will be accommodated whenever possible.

A.With the consent of the student, a full police report will be taken by a Campus Police Officer who accompanies the student to the hospital. At the request of the student, a friend, family member, or other designated person may be present.

B.  The officer will accompany the student to the hospital. The officer will advise the student regarding hospital procedures and the availability of assistance through University Health Services.

C.  A Campus Police Detective shall be assigned to further investigate the criminal allegations and explain the legal process to the student. The Detective shall present a completed written investigation to the District Attorney's office for review and filing of criminal charges.

• If the student is unwilling to report the matter to the police or to be transported to the hospital by the police, she or he is then urged to seek assistance immediately from University Health Services for coordination of medical care and assistance, counseling, and other available support alternatives. The student is also informed that she or he may seek the assistance of the Sexual Harassment/Sexual Assault Resource Specialist at the Gender and Equity Resource Center for advocacy support and assistance throughout the complaint process.
• The student may request changes in her or his academic and living situation or that of an alleged assailant, after the student has made a report of an assault, and the campus shall grant any reasonable request for such change.
• When a student reports being sexually assaulted by another student, Office of Student Conduct, at the direction of the Title IX Compliance Officer, shall conduct a timely investigation of the allegations in the case and interview any witnesses as needed. The determination of whether to proceed with charges in a sexual assault case is the joint decision of Office of Student Conduct and the Title IX Compliance Officer, in consultation as needed with campus legal counsel, with final authority residing with the Title IX Compliance Officer. When formal charges are brought against the accused student by the University, the case shall either go to a hearing for adjudication or a settlement agreement shall be negotiated.
• The individual charged with sexual assault is entitled to due process and will be given notice and a full opportunity to respond to the allegation made against her or him. The individual can seek representation, may have the same opportunity as the student who reported being assaulted to have a non-participating observer present during the proceedings, and is entitled to information about the campus policy on rape and sexual assault and the procedures that will be followed to address the issues.
• If disciplinary sanctions are imposed by the Dean of Students, the student who reports being sexually assaulted is informed of the outcome, and the charged student may appeal the action as set forth in the Campus Code of Student Conduct.
• When a student who reports being sexually assaulted files charges with the Campus Police Department, the criminal investigation and the campus judicial investigation are coordinated but independently conducted, occurring simultaneously or sequentially, on a case-by-case basis.

The following alphabetical listing describes in detail how campus services and programs respond to incidents of sexual assault.

    ASUC STUDENT ADVOCATE
     204 Eshleman Hall
     642-6912
     E-mail address: help@studentadvocateoffice.com

The ASUC Student Advocate's Office provides assistance to students who have been accused of sexual assault during the investigation and hearing processes. Advocates work to ensure that a student's rights are upheld throughout the discipline process and to ensure that a just and appropriate resolution is reached. Advocates may act as an accused student's sole non-legal representative or collaborate with her or his designated legal representative.

     HOUSING AND DINING SERVICES
     2401 Bowditch Street
     642-3213

Residential Programs staff respond immediately upon hearing about a resident who reports being sexually assaulted, whether the assault is recent or in the past. The student is provided with immediate assistance and support. Residential Programs staff meet with the student who reports being sexually assaulted to assess the situation, provide information, and make appropriate referrals. If needed, Residential Programs staff make phone calls, schedule meetings, and accompany the student who reports being sexually assaulted to appropriate service units, such as the University Health Services (UHS), Gender and Equity Resource Center, University of California Police Department (UCPD) and the Title IX Office. Residential Programs staff will:

A. Provide the Student Who Reports Being Sexually Assaulted with Campus and Community Resources

1. If the assault is recent, the student who reports being sexually assaulted is encouraged to seek medical attention immediately.
2. The student who reports being sexually assaulted is advised to make a report to UCPD, or Residential Programs staff will assist her/him in notifying the police department.
3. If the student who reports being sexually assaulted needs counseling, Residential Programs staff will help her/him schedule a same day appointment with counselors at UHS.

B. Inform the Student Who Reports Being Sexually Assaulted of Options (what to do next)

1. If the alleged assailant lives in the residence hall, the student who reports being sexually assaulted can request that the alleged assailant be removed from the hall immediately and be reassigned during the course of a campus or criminal investigation. The campus shall grant any reasonable request for such change.
2. The student who reports being sexually assaulted can also request to move to another confidential location for an interim period of time or permanently.
3. The student who reports being sexually assaulted will be provided with information about criminal or disciplinary processes. Staff will help the student who reports being sexually assaulted schedule a meeting with the Title IX Compliance Officer.

Residential Programs staff work closely with the Title IX office by keeping the Title IX Compliance Officer informed of the sexual assault and of what options the student who reports being sexually assaulted wants to pursue. The student who reports being sexually assaulted can expect Residential Programs staff to continue to give support and assistance and make appropriate referrals to campus and/or community resources for as long as she/he needs. Regardless of what options the student who has been sexually assaulted decides to pursue, Residential Program staff may also meet with the alleged assailant if she/he is a residence hall student to discuss the incident in a non-hearing context and provide her/him information about the applicable rules.

     OMBUDSMAN FOR STUDENTS AND POSTDOCS
     Contact by telephone
     642-5754

The Ombudsman for Students and Postdocs provides a confidential service for students involved in a University-related problem, acting as a neutral complaint resolver and not as an advocate for any of the parties involved in a dispute. The Ombudsman can provide information on policies and procedures affecting students, facilitate students' contact with services able to assist in resolving the problem, and assist students in complaints concerning improper application of University policies or procedures.

    SEXUAL HARASSMENT/SEXUAL ASSAULT RESOURCE AND RESPONSE
    SERVICES, GENDER AND EQUITY RESOURCE CENTER
     202 Cesar Chavez Center
     643-5727
     E-mail address: ambrosio@uclink.berkeley.edu

The survivor may find assistance at the Gender and Equity Resource Center for a variety of services throughout the recovery and complaint process. The Center serves as a "home base" for survivors; it does not provide counseling therapy but provides information, advocacy, and support throughout the administrative process following a sexual assault.

Survivors may come or be referred to the Center specifically in response to a sexual assault or may reveal an assault after ostensibly coming to the Center for other reasons. In addition to working directly with the survivor, the Center works in close collaboration with the other units involved in a sexual assault.

In initial conversations staff will work with the survivor to determine her or his immediate needs. If it is a recent sexual assault, staff will help determine the need for medical attention; if it is a crisis situation, staff will contact Social Services on an emergency basis for counseling and medical treatment. Center staff will help the survivor with notifying the Campus Police Department, arranging counseling, obtaining safe housing, meeting with parents, liaison with community agencies, assisting with restraining orders, and making appropriate academic accommodations such as requests for adjustments in course commitments as necessary. If needed, staff or peer advocates will accompany the survivor to the appropriate service; they can sit in on the meetings, take notes, and debrief with the survivor afterwards.

Center staff will also work with the survivor to determine long-term needs such as support and counseling, and information about the legal or disciplinary processes. Staff can arrange periodic "check-ins" to keep the survivor abreast of progress on her or his case if the survivor needs help getting information from the campus administration.

     OFFICE OF STUDENT CONDUCT
     326 Sproul Hall
     643-9069
     E-mail address: osc@uclink.berkeley.edu

Responsibility for pursuing campus disciplinary actions involving students rests with Office of Student Conduct which reports to the Dean of Students. The office is also responsible for notifying the UC Police Department and Title IX Compliance Officer of any allegations of sexual assault. At the direction of the Title IX Compliance Officer, Office of Student Conduct will conduct an investigation of the allegations in the case and interview any witnesses. The campus has jurisdiction over offenses by students that occur on University property (such as classrooms and residence halls), in other locations in the immediate vicinity of the campus (such as nearby fraternity and sorority houses, the student co-ops, and apartment buildings), and at official University functions.

Pending a formal disciplinary hearing, the campus may take a variety of administrative measures against a charged student, including restriction of privileges and services, interim suspension, and exclusion from certain campus areas, such as classrooms and residence facilities. To prevent further conflict between the parties, the campus may utilize administrative reassignment procedures to move individuals to another residence hall or complex, limit access to a specific hall or complex during the course of a campus or criminal investigation, or make academic accommodations as appropriate for either party.

Normal student conduct procedures will be followed in resolving allegations of sexual misconduct, with the following exception. A hearing in a case concerning allegations of sexual misconduct may be closed to the public if the hearing body determines that the privacy rights of a witness, including those of the individual who reports being assaulted, may otherwise be jeopardized.

     STUDENT LEGAL SERVICES
     102 Sproul Hall
     642-4980
     E-mail address: bethk@uclink4.berkeley.edu

The Attorney for Students serves as a counseling attorney who provides information on criminal laws, advice on whether to seek legal counsel, assistance for students who wish to defend themselves, and information on where to go for legal assistance. She does not represent students in legal proceedings.

     TITLE IX COMPLIANCE OFFICER
     200 California Hall
     643-7985
     E-mail address: tixco@uclink.berkeley.edu

The Title IX Compliance Officer has the responsibility of monitoring campus efforts to comply with federal and state laws pertaining to nondiscrimination on the basis of sex. This involves investigation and resolution of complaints alleging sex discrimination, including sexual harassment, responding to inquiries, and coordination of the campus efforts in response to allegations of sexual assault.

The Title IX Compliance Officer consults with the student who reports being sexually assaulted to determine if the student is prepared and willing to participate in the student conduct hearing process, considers alternative approaches if the student is unwilling to move forward in a hearing forum, meets with the accused student, and determines if student conduct charges are warranted. The Title IX Compliance Officer makes recommendations for administrative actions so that actions taken are fair, meet with standards of due process, and reflect the interests of the complainant and the University.

The Title IX Compliance Officer works with the University of California Police Department, University Health Services, Sexual Harassment/Sexual Assault Resource Specialist, Housing and Dining Services, Office of Student Conduct, and other campus units as necessary, to ensure that a coordinated response is provided to resolve the situation.

     UNIVERSITY HEALTH SERVICES
     Tang Center, 2222 Bancroft Way
     E-mail address: uhsadmin@uhs.berkeley.edu

The University Health Services maintains specialized services for preventing and responding to sexual assault. These programs, named Sexual Assault Prevention, Medical and Counseling Services, are the collaborative effort of several units within the University Health Services as described below:

Prevention: Health Promotion (642-7202)

In collaboration with other campus units, Health Promotion staff coordinate in-service training programs for key campus officials and other staff who are in a position to prevent or respond to incidents of sexual assault. They also provide a wide range of educational workshops for students, including training programs for student leaders. This program develops and disseminates educational materials and implements awareness projects for the campus community.  Additionally, staff are available to consult with campus departments on prevention strategies.

The educational workshops are available to classes, living groups, departments, and other organizations. Methods used to provide information and build skills include discussions, role playing, exercises, and videos. Professional staff and/or student peer educators facilitate the workshops. Topics for the workshops can include communication skills, gender roles and societal norms, homophobia, racism, and the misuse of alcohol and other drugs.

Counseling: Social Services (642-6074)

The primary point of entry for a student who has been assaulted is Social Services, where the student can receive immediate counseling and information about medical options, criminal and civil procedures, and assistance with academic and housing concerns. Professional staff work with students who have been assaulted; counseling is available for friends, family, house mates and co-workers as well. The priority of the staff is to provide coordination of care for the student, which can include referrals to community agencies. For the student who is an alleged assailant, the primary point of entry for counseling is Counseling Services (642-9494). This unit works to address the emotional needs of the student who is accused.

Medical Services:

Urgent Care Clinic (8 am - 6 pm)/24 hour advice line (642-3188)
General Medical Clinics (642-2000)

There are two options for medical services at the University Health Services. For immediate or crisis situations, including treatment for injuries, the Urgent Care Clinic is open 8 am to 6 pm, Monday-Friday, and 8 am to 5 pm on Saturdays (642-3188). Advice is available at the same phone number, after hours and on Sunday, to provide information and coordinate care. If requested, staff will also coordinate with local hospitals for evidence collection. For non-crisis situations the general medical services are available by appointment (642-2000). Services include emergency contraception, treatment of injuries, information on and testing for pregnancy and sexually transmitted diseases.  California Penal Code Sections 11160 and 11161 require health care providers to report sexual assaults to the police department where the assault occurred with or without the consent of the survivor.  The survivor is not required to talk to the police and may refuse to make a police report.

     UNIVERSITY OF CALIFORNIA POLICE DEPARTMENT
     1 Sproul Hall
     642-6760

The University of California Police Department (UCPD) assists survivors in receiving medical treatment and reporting a sexual assault. It will investigate any criminal acts and seek prosecution, if desired, if the sexual assault occurred on campus or University property. If the sexual assault did not occur within UCPD jurisdiction, it will assist by contacting the appropriate agency.

When a student reports being sexually assaulted, she or he needs to receive medical attention immediately. If contact is made with UCPD, an officer will escort the survivor to the hospital for medical assistance and collection of evidence. The survivor may specifically request a male or female officer if one is available. The University Health Services is not designated as a medical evidence collection site. The UCPD will provide assistance even if the survivor prefers not to seek criminal prosecution.

Physical evidence for a criminal prosecution will not be collected without a report being made to the police. With police authorization, the state will assume the cost of the medical exam.   Survivors should not bathe, shower, brush teeth, douche, change clothes, or use the toilet, so that important physical evidence can be preserved.  A survivor should be advised to bring a complete change of clothes to the hospital.

UCPD will proceed only to the extent the survivor wishes. It is not necessary to prosecute the case through the criminal process if the survivor does not want to. If the assailant is a student, UCPD will assist the student conduct process, if desired, in conjunction with the criminal process or independent of it.

A. With the consent of the survivor, a full police report will be taken by a Campus Police Officer who accompanies the student to the hospital. At the request of the survivor, a friend, family member, or other designated person may be present.

B. The officer will accompany the survivor to the hospital. The officer will advise the survivor regarding hospital procedures and the availability of assistance through University Health Services.

C. A Campus Police Detective shall be assigned to further investigate the criminal allegations and explain the legal process to the survivor. The Detective will present a completed written investigation to the District Attorney's office for review and filing of criminal charges.

D. The Police Department will notify appropriate campus administrators. This notification is confidential. All campus departments must make notification of receipt of reports of sexual assault, but these notifications do not necessarily include identifying information about the survivor.

UCPD does not release additional information about the case without the consent of the survivor. The survivor has the right to request that her or his name and specific identifying information not be released, including through the court process to the extent allowed by law. The University follows established policies on disclosure of public information. Policies on release of information balance confidentiality for the survivor with the public's "right to know." Maintaining confidentiality for the survivor is a priority in cases of this nature. Certainly, if there is a likelihood that an incident could recur or that the perpetrator is at large and likely to commit a similar crime, the campus has an obligation to alert other members of the community. Any release of information about a crime of this nature will not include personally identifying information about the survivor.

IF YOU ARE APPROACHED BY A STUDENT WHO HAS BEEN SEXUALLY ASSAULTED

• Offer support

If someone comes to you for help, recognize that the individual might be struggling with painful feelings -- anger, fear, denial, or embarrassment. Provide support and give the student assurance that there are campus resources available to help.

• Maintain confidentiality

Be careful to maintain appropriate confidentiality in all of your interactions with others. Written reports concerning the incident can only be disclosed to campus officials with legitimate educational interests in the information or those authorized by campus policy to receive such information. For example, under federal law, the Campus Police Department must be notified that a sexual assault may have occurred. Any communications with other third parties, such as parents or friends, must have the prior written permission of the student.

• Encourage the student to report the incident to the UC Police Department, 1 Sproul Hall, (642-6760).

If the student gives you permission, contact the Campus Police Department. An officer will be sent out to talk with the student and escort the student to the appropriate facility. Campus police officers have been trained to treat students with respect and sensitivity. They can ensure that a student who has been sexually assaulted receives prompt medical care at the appropriate facility. They will also talk with a student about reporting options and what happens if a report is filed. If the student decides to file a report, the Campus Police Department can advise and assist with medical evidence collection procedures. If the student is not ready to talk to the police, suggest that the student make use of other campus resources listed below or call community resources such as Bay Area Women Against Rape (845-7273).

• Encourage the student to contact the University Health Services

Tang Center, 2222 Bancroft Way.
Urgent Care Clinic (8 a.m. - 6 p.m.)/24 Hour advice line (642-3188)
Social Services (8 a.m. – 12n; 1 p.m. -  5 p.m.) (642-6074)

Sexual Assault Prevention, Medical and Counseling Services at the University Health Services can assist the student in a number of ways. These services can also provide support to UC staff and faculty who have questions about how to respond to a student in distress.

Confidential counseling is provided by Social Services staff specifically trained in sexual assault issues. Information and assistance is provided about criminal and civil procedures, academic and housing concerns, and medical options. Call 642-6074.

Medical care is available through the Urgent Care Clinic (642-3188). Services include treatment for injuries and testing for pregnancy and sexually transmitted diseases. Staff will also coordinate with local hospitals for evidence collection, if requested by the student.

• Inform the student about other campus resources:

Gender and Equity Resource Center, (643-5727) 250 Golden Bear Center, has staff who  are available to talk to students who have been sexually assaulted and can escort them to appropriate services, stay in touch with the students, and follow up on any actions or problems.

Title IX Compliance Officer, (643-7985) 200 California Hall, monitors campus actions in handling sexual assault cases and can advise students on various course of action.

Student Judical Affairs, (643-9069) 326 Sproul, is responsible for investigating incidents of sexual assault and charging alleged assailants.

• Contact the UC Police Department (642-6760)

Even if the student chooses not to go to the police, you need to contact the Campus Police Department after the student's immediate needs have been met to let them know that a sexual assault has been reported to you. Neither the police nor any other campus official will contact the student unless she or he is willing to file a report on the matter and to pursue a formal complaint.

If you have questions or concerns about the student or the campus response, you may contact the Title IX Compliance Officer (643-7985); e-mail address: tixco@uclink.berkeley.edu.

IF YOU ARE A STUDENT WHO HAS BEEN SEXUALLY ASSAULTED

If you have been sexually assaulted, it is important that you seek help immediately. The campus has provided a number of ways for you to get assistance, and you can choose the one(s) that you feel most comfortable with.

Resources Providing Immediate Assistance:

• University of California Police Department, 1 Sproul Hall

The emergency telephone numbers are 9-911 (from campus phones), 911 (other phones, no coins required from pay phones) or 642-3333. Police officers have your well-being as their primary concern. Members of the University Police Department have had extensive training in handling sexual assault cases and will treat you with respect and sensitivity. They will ensure that you are taken promptly to a physician for medical care and, if appropriate, collection of vital evidence required for proof of possible criminal activity. If you wish to file charges, the police will assist you, but you need not make that decision immediately. If you need assistance in contacting the police, you may consult with any of the campus resources listed below.

• Sexual Assault Prevention, Medical and Counseling Services, University Health Services, Tang Center, 2222 Bancroft Way

Medical Services: call Urgent Care Clinic (8 a.m. - 6 p.m.)/24-hour advice line, 642-3188. Treating your medical needs is a top priority. Clinicians are available to treat injuries and address other health matters such as sexually transmitted diseases and pregnancy. Coordination with local hospitals for evidence collection is available if you wish.

Counseling: call Social Services, 642-6074 (8 a.m. – 12 n; 1 p.m. - 5 p.m.) Confidential counseling is provided for individuals who have been sexually assaulted along with information and support on criminal and civil procedures, safety issues, housing and academic concerns, and other campus and community resources. Survivor recovery groups are regularly offered. Assistance is also available for your friends, family, and others who may be concerned about you.

• Sexual Harassment/Sexual Assault Resource Specialist, Gender and Equity Resource Center, 202 Cesar Chavez Center

The Sexual Harassment/Sexual Assault Resource Specialist, who is experienced in working with students who have been sexually assaulted, is available to support you through the process. She can inform you of your options and rights, advise you regularly of the status of your case, facilitate communication among the units involved, and support you throughout criminal and administrative proceedings. Call 643-5727.

• Any campus faculty or staff member with whom you feel comfortable will help direct you to the appropriate services.

Additional Resources:

• Title IX Compliance Officer, 200 California Hall

The Title IX Compliance Officer is the campus official you should see if you decide to file a complaint against your assailant. The Title IX Compliance Officer will consult with you to determine if you are willing to pursue the matter through the student conduct process, and if you decide not to pursue the complaint, will work with you to consider alternative approaches to address the problems. She is in charge of making sure that you are provided with help in whatever way is appropriate or necessary. Call 643-7985.

• Office of Student Conduct, 326 Sproul Hall

Office of Student Conduct is responsible for investigating incidents of sexual assault and charging assailants. Call 643-9069.

• Student Legal Services, 102 Sproul Hall

The Attorney for Students is available by appointment to provide legal advice to registered students but does not represent students. Call 642-4980.

• Ombudsman for Students and Postdocs, Contact by telephone

The Ombudsman for Students is available by appointment to serve as a neutral complaint resolver in University-related disputes. Call 642-5754.

It is important for you to know that any of the above offices and individuals will help you in any way they can and see that you receive the appropriate care, counseling, and advice. You can also seek assistance in relocating to alternative university housing or in obtaining accommodations in your academic program.

IF YOU ARE A STUDENT CHARGED WITH COMMITTING A SEXUAL ASSAULT

Sexual assault and rape are both criminal offenses as well as violations of the Berkeley Campus Code of Student Conduct. A student alleged to have engaged in unlawful sexual misconduct can be prosecuted under California criminal statues, and/or disciplined under the Campus Code of Student Conduct. A student found guilty of committing sexual assault under the Code is subject to dismissal by the University. An individual found guilty of rape under the criminal justice system is subject to a prison sentence. If you have been accused of, or charged with, the crime of rape or sexual assault, seek advice and assistance from a competent legal representative. If you have only been charged with a violation of the Berkeley Campus Code of Student Conduct, you will be contacted by Office of Student Conduct, 326 Sproul, 643-9069 (24 Hour Voicemail) who will explain the procedures, and your rights and options. If you are accused of violating the Campus Code of Student Conduct, you may seek legal representation, and/or the advice and assistance of the following campus resources:

• ASUC Student Advocate's Office, 204 Eshleman, 642-6912 (24 Hour Voicemail)
• Student Legal Services, 102 Sproul Hall, 642-4980 (24 Hour Voicemail)
• Ombudsman for Students and Postdocs, 642-5754 (24 Hour Voicemail)

Please note that the Berkeley Campus Code of Student Conduct provides for several procedural safeguards in the resolution of charges against you. Under the Code,

• You are presumed innocent until proven guilty and the University has the burden of proving the charges against you.
• If you are accused of sexual assault, you are entitled to due process and must be given notice of, and a full opportunity to respond to, the allegations made against you.
• You can seek representation and are entitled to information about the campus judicial procedures that will be followed to address the issues.
• You are entitled to have a nonparticipating observer present during the proceedings.
• If disciplinary action is imposed, you may appeal that determination to the Chancellor or his or her designate.

In addition, you may wish to use the Counseling Services, at the Tang Center, 642-9494 (8 a.m. - 5 p.m.). This unit provides confidential counseling and assistance and works to address the emotional needs of students accused of sexual assault.

Last updated 12/30/01
Contact: Nancy Chu