FREQUENTLY ASKED QUESTIONS AND CAMPUS RESOURCE INFORMATION REGARDING SEXUAL ASSAULTS

A. HOW SHOULD YOU HELP IF YOU ARE APPROACHED BY A STUDENT WHO HAS BEEN A VICTIM OF A SEXUAL ASSAULT?

• Offer support

If someone comes to you for help, recognize that the student 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

While you cannot guarantee complete confidentiality (staff members have reporting obligations) be careful to maintain an appropriate level of discretion 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 University Policy and federal law, the Title IX Officer and the Campus Police Department must be notified that an incident of sexual misconduct may have occurred. Any communications with other third parties, such as family members or friends, must have the prior written permission of the student.

• Encourage the student to contact the University Health Services

Confidential counseling is provided by Social Services (642-6074). The counselors are specifically trained in issues of sexual assault. Information and assistance is provided about criminal and civil procedures, academic and Residential living concerns, and medical options.

Medical care is available through the Urgent Care Clinic (8 a.m. - 6 p.m.)/24 Hour advice line, 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.

• Encourage the student to report the incident to the Campus Climate and Compliance/Title IX Compliance Officer, 200 California Hall, (643-7985)

Contact the Campus Climate and Compliance Office. The Title IX Compliance Officer coordinates campus actions in handling sexual assault cases, can guide you in assisting the student appropriately, and will advise students on various support services and the range of options available to address the matter. The Title IX Compliance Officer will coordinate efforts for adjudicating reports of sexual assault with the Center for Student Conduct and Community Standards.

• 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 reports being 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.

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@berkeley.edu.

B. WHERE CAN YOU GET ASSISTANCE IF YOU ARE A STUDENT WHO HAS BEEN A VICTIM OF SEXUAL ASSAULT?

If you have been a victim of any form of sexual assault, 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:

• Medical and Counseling 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 students who have been victims of sexual assault along with information and support on criminal and civil procedures, safety issues, Residential living and academic concerns, and other campus and community resources. For students who report being sexually assaulted, the Social Services unit offers regular recovery groups. Assistance is also available for your friends, family, and others who may be concerned about you.

• 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 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 victims of sexual assault, 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:

• Campus Climate and Compliance Officer/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.

• Center for Student Conduct and Community Standards, 2536 Channing Way, Bldg E, 2nd floor. *not accessible

[*Please be aware that the Center for Student Conduct and Community Standards is only accessible by a flight of stairs. For accommodations, please contact Student Conduct and Community Standards at 510 643-9069 or by email at studentconduct@berkeley.edu. ]

Center for Student Conduct and Community Standards is responsible for investigating incidents of sexual assault that occurs between students. 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 643-5010.

• Ombudsman for Students and Post Doctoral Appointees, 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 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 Residential living or in obtaining accommodations in your academic program.

C. WHERE CAN YOU GET ASSISTANCE IF YOU ARE A STUDENT CHARGED WITH COMMITTING SEXUAL ASSAULT?

Sexual assault can be both a criminal offense as well as a violation of the Berkeley Campus Code of Student Conduct. A student alleged to have engaged in a sexual assault can be prosecuted under California criminal statutes, and/or disciplined under the Campus Code of Student Conduct. A student found responsible for committing a sexual assault under the Code is subject to dismissal by the University. A student found guilty of sexual assault under the criminal justice system is subject to a prison sentence. If you have been accused of, or charged with, the crime of sexual assault, seek advice and assistance from a competent legal representative. If you have been charged with a violation of the Berkeley Campus Code of Student Conduct, you will be contacted by a Conduct Officer at the Center for Student Conduct and Community Standards 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, 643-5010 (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 responsible and the University has the burden of proving the charges against you.
• If you are accused of sexual misconduct, 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 have the right to have a nonparticipating advisor/observer present during the proceedings.
• If disciplinary action is imposed, you may appeal that determination to the Vice Chancellor of Student Affairs, 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.

D. WHAT IS THE DIFFERENCE BETWEEN A STUDENT CONDUCT PROCESS AND A CRIMINAL PROCESS?

If a complaint is filed through the Student Conduct Process by a student, the University has an obligation to review the matter in part to (a) determine if there is a preponderance of evidence to demonstrate a violation of the Code of Student Conduct has occurred, and (b) ensure that the campus community can continue to work in an environment free from any form of harassment, intimidation or violence. This is an administrative and not a legal procedure.

If a student chooses to file a complaint through the police department (either campus or city police, depending upon the location of the incident), s/he is entering into a criminal procedure under the California Penal Code. The standard of evidence necessary to move a case forward in prosecution is "beyond a reasonable doubt." This is a criminal procedure.

A student can pursue both a campus administrative complaint process as well as a criminal process through the police.

E. WHAT DOES A CRIMINAL PROCESS INVOLVE?

The University of California Police Department (UCPD) assists students who report being sexually assaulted in receiving medical treatment and reporting the incident. The department will investigate any criminal acts and seek prosecution, if desired, if the incident occurred on campus or University property. If the incident of sexual assault did not occur within UCPD jurisdiction, the department will assist by contacting the appropriate agency.

When a student reports being sexually assault, she or he needs to receive medical attention immediately. If contact is made with UCPD, an officer will escort the student who reports being sexually assaulted to the hospital for medical assistance and collection of evidence. The student 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 students who report a sexual assault prefer 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.   Students who report being sexually assaulted should not bathe, shower, brush teeth, douche, change clothes, or use the toilet, so that important physical evidence can be preserved.  A student who reports a sexual assault should be advised to bring a complete change of clothes to the hospital.

UCPD will proceed only to the extent the student who reports being sexually assaulted wishes. It is not necessary to prosecute the case through the criminal process if the student who reports being sexually assaulted 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.

1. With the consent of the student who reports being sexually assaulted 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 who reports being sexually assaulted a friend, family member, or other designated person may be present.
2. The officer will accompany the student who reports a sexual assault to the hospital. The officer will advise the student regarding hospital procedures and the availability of assistance through University Health Services.
3. A Campus Police Detective shall be assigned to further investigate the criminal allegations and explain the legal process to the student who reports a sexual assault. The Detective will present a completed written investigation to the District Attorney's office for review and filing of criminal charges.
4. 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 students who report being sexually assaulted.

UCPD does not release additional information about the case without the consent of the students who report being sexually asaulted. The student who reports a sexual assault 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 student who reports being sexually asaulted, with the public's "right to know." Maintaining confidentiality for students who report sexual assault 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 a student who reports a sexual assault.

F. WHAT ARE ADDITIONAL UNITS PROVIDING SERVICES RELATED TO SEXUAL ASSAULT?

The following alphabetical listing describes additional campus units providing services regarding incidents of sexual assault.

    ASUC STUDENT ADVOCATE
    204 Eshleman Hall
    642-6912
    E-mail address: help@advocate.berkeley.edu

The ASUC Student Advocate's Office provides assistance to students who have been accused of sexual assault during the Student Conduct 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 advisor or collaborate with her or his designated legal representative.

    OMBUDSMAN FOR STUDENTS AND POSTDOCTORAL APPOINTEES
    Contact by telephone
    642-5754

The Ombudsman for Students and Post-Doctoral Appointees 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.

    OFF-CAMPUS RESOURCES

Resources include referrals to local physicians, Highland Hospital, community resources such as Bay Area Women Against Rape, Family Violence Law Center, and local law enforcement authorities, such as the Berkeley and Oakland City Police Departments.

    STUDENT LEGAL SERVICES
    102 Sproul Hall
    643-5010

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. He does not represent students in legal proceedings.

Last update: 6/2010
Contact: Title IX Officer