Sexual Assault Policy

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I. PURPOSE OF POLICY
This policy provides for The University of New Mexico main and branch campuses:

A. A description of educational programs to promote the awareness of rape, acquaintance rape, and other forcible and non-forcible sex offenses.

B. Procedures students should follow if a sex offense occurs, including procedures concerning who should be contacted, the importance of preserving evidence for the proof of a criminal offense, and to whom the alleged offense should be reported.

C. Information on a student's option to notify proper law enforcement authorities, including on-campus and local police, and a statement that institutional personnel will assist the student in notifying these authorities, if the student requests the assistance of these personnel.

D. Notification to students of existing on and off campus counseling, mental health, or other student services for victims of sex offenses.

E. Notification to students that the institution will change a victim's academic and living situations after an alleged sex offense and of the options for those changes, if requested by the victim and reasonably available.

Procedures for campus disciplinary action in cases of an alleged sex offense, including a clear statement that:

The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding.
Both the accuser and accused shall be informed of the final determination of a disciplinary proceeding with respect to the alleged sex offense and any sanction that is imposed against the accused.
Sanctions the institution may impose following a final determination of an institutional disciplinary proceeding regarding rape, acquaintance rape, or other forcible or non-forcible sex offenses.

II. DEFINITION OF SEX OFFENSES
The University of New Mexico main campus and branch campuses adopt, for the purpose of this policy, the following definitions for sex offenses as prescribed by The Student Right to Know and Campus Security Act:

Sex Offense - Forcible

A. Forcible rape - The carnal knowledge of a person, forcibly and/or against that person's will; or not forcibly or against the person's 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).

B. Forcible sodomy - Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

C. Sexual assault with an object - The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

D. Forcible fondling - The touching of the private body parts of another person for the purpose of sexual gratification. Forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Sex Offense - Non-forcible
Unlawful, non-forcible sexual intercourse.

A. Incest - Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

B. Statutory Rape - Non-forcible sexual intercourse with a person who is under the statutory age of consent.

III. EDUCATIONAL PROGRAMS
The University of New Mexico recognizes the harm caused by sexual assault and the need to educate the University community regarding this issue; The University offers the following educational program services-

Rape Crisis Center
1505 15th Street
Los Alamos, NM 87544
505-662-3264
24 hour hot line available (505-662-4422)

IV. PROCEDURES STUDENTS SHOULD FOLLOW IF A SEX OFFENSE OCCURS
The University's Student Code of Conduct and Visitor Code of Conduct, which apply-to the main and all of the branch campuses and educational centers, expressly forbid the commission of sexual assault including rape. A student who is a victim of such an offense may pursue charges against the perpetrator under these policies.
It is important for victims of sex offenses to understand the-steps to take in order to preserve evidence, as it may be necessary in the proof of sexual assault in the criminal process and the student discipline system. A victim should not bathe, shower, wash, douche, brush one's teeth, or comb one's hair or change clothes before seeking medical attention. Important evidence may be on the victim's body and/or clothes. This evidence can be collected during the medical examination.

A student who is a victim of a sex offense on or off campus should immediately contact the Los Alamos Police Department (505-6628222 or 91 1) to report the incident.
The University's Student Code of Conduct and Visitor Code of Conduct expressively forbid the commission of sexual assault, including rape. A student who is a victim of such offenses may pursue charges against the perpetrator under these polices. The Student Services Office (505-662-5919) is also available to assist victims of sex offenses in making appropriate accommodations in their academic and living arrangements.

V. NOTIFICATION OF LAW ENFORCEMENT
University staff will assist all victims of sexual assault in contacting appropriate legal authorities and service agencies. Victims are strongly encouraged to report incidents of sexual assault to the Los Alamos Police (505-662-8222) whose justification includes the Los Alamos Campus. Students may contact the Student Services Office (505-662-5919) for assistance in contacting law enforcement authorities ahd/or service agencies.

VI. COUNSELING AND ASSISTANCE SERVICES
A student who is a victim of a sex offense on or off campus should immediately contact the Los Alamos Police Department (506-662-8222 or 91 1) to report the incident.

Los Alamos Medical Center (Emergency Room)
3917 West Road
Los Alamos, NM 87544
505-662-2455 or 505-662-4201 ext. 580
Los Alamos Medical Center
3917 West Road Los Alamos, NM 87544
505-662-4201

Rape Crisis Center
1605 15th Street
Los Alamos, NM 87544
505-662-3264
24 hour a day hot line available (506-662-4422)
Family Council
1505 15th Street
Los Alamos, NM 87544 505-662-3264
The Family Council offers full comprehensive counseling and classes. A 24-hour a day crisis hot line (505-662-4422) is available.

LANL Employee Assistance Program
P.O. Box 1663
ESH2 MS H834
Los Alamos, NM 87545 505-667-7339
Full counseling services available.

VII. CHANGE IN VICTIM'S ACADEMIC AND LIVING SITUATION
The Los Alamos Campus will change a victim's academic situation after an alleged sex offense if those changes are requested by the victim and reasonably available. Possible changes are the same as those indicated for the main campus. Specific requests for such changes should be directed to the Student Services Office (505-662-0332).

VIII. PROCEDURES FOR CAMPUS DISCIPLINARY ACTION
The University of New Mexico's Student Code of Conduct and Visitor Code of Conduct which apply to the main campus and all branch campuses and educational centers, prohibit 'any form of sexual assault including rape."On the Los Alamos Campus the Student and Visitor Codes of Conduct are administered by the Student Services Office. A person who is a victim of a sex offense committed by a student, a visitor to the University has the option of pursuing charges against the perpetrator of the offense under the relevant Code of Conduct.

Victims of sex offenses are encouraged to report them to the appropriate law enforcement authorities and to meet with a staff member in Students Services(662-0332) to discuss pursuing charges under the relevant policy.

A victim of a sex offense is permitted and encouraged to be accompanied at that meeting by a support person of their choice. This support person may accompany and assist the victim throughout the University's disciplinary process.

Under the University's Student Grievance Procedure, the alleged victim of a sex offense and the alleged perpetrator are entitled to the same opportunities to have others present as advisors during disciplinary proceedings. Both the alleged victim and alleged perpetrator will be informed of the final determination of a disciplinary proceeding with respect to the alleged sex offense and any sanction that is imposed on the accused.

Victims in student disciplinary proceedings, and victims of sexual assault have the same rights that have been enumerated for the Main Campus.

The specific procedures by which Student and Visitor Code of Conduct violations are resolved can be found in The Student Handbook.

IX. SANCTIONS
Under the University's Student Code of Conduct which applies to the main and all of the branch campuses and educational Centers, a student who commits a violation of this Code, including a sex offense, is subject to the following possible sanctions:

Verbal warning - means an oral reprimand.
Written warning - means a written reprimand.
Disciplinary probation means the establishment of a time period during which further acts of misconduct may or will result in more severe disciplinary sanctions depending upon the conditions of the probation. Conditions of probation can include community service, attendance at workshops and/or seminars including but not limited to alcohol, drug or safety workshops and/or seminars, mandatory mental health evaluation and/or counseling or other educational sanctions.
Suspension - means losing student status for a period of time specified in the terms of the suspension. A suspension may commence immediately upon a finding of a violation or it may be deferred to a later time.
Expulsion - means losing student status for an indefinite period of time. Readmission may not be sought before the expiration of two years from ft date of expulsion, and it is not guaranteed even after that time.
Dismissal - means termination of student employment, either for a stated time period or indefinitely.
Barred from campus - means being barred from all or designated portions of The University property or activities.

Students living in the residence halls are subject to the following possible sanctions for misconduct occurring in the residence halls:

Verbal warning - means an oral reprimand.
Written warning - means a written reprimand.
Specific probation - means the establishment of a time period during which specific acts of misconduct may or Y411 result in more severe disciplinary sanctions depending upon ft conditions of the probation. Conditions of probation can include community service, attendance at workshops and/or seminars including but not limited to alcohol, drug or safety workshops and/or seminars, mandatory mental health evaluation and/or counseling or other educational sanctions.
General probation - means the establishment of a time period during which any acts of misconduct may or will result in more severe disciplinary sanctions depending upon the conditions of the probation. Conditions of probation can include community service, attendance at workshops and/or seminars including but not limited to alcohol, drug or safety workshops and/or seminars, mandatory mental health evaluation and/or counseling or other educational sanctions.
Housing reassignment - means the transfer of the student from one dorm room to another or one residence hall to another.
Restricted from entry into specific residence halls, dining hall, commons building, etc.
Contract termination - means the termination of the housing contract either for a stated period of time or indefinitely.

Students placed on residence hall probation or who have their contracts cancelled will have their conduct case sent to the Dean of Students Office for review/records purposes. Students violating residence hall policies may also be referred to Student Services for additional disciplinary review under the Student Code of Conduct Under the University's Visitor Code of Conduct which applies to the main and all branch campuses and educational Centers, a visitor who commits a violation of this Code, including a sex offense, is subject to the following possible sanctions:

Verbal Warning - means an oral reprimand.
Written Warning - means a written reprimand.
Probation - means the establishment of a time period during which further acts of misconduct may or will result in more severe sanctions depending on the conditions of the probation.
Removal from campus - means being physically escorted or forcibly removed to a location off property owned or controlled by The University, by Los Alamos Police Officers or other University agents.
Barred from campus - means being barred from all or designated portions of University property or activities.
The sanctions of denial of admission, readmission or employment by the University.
Additionally or alternatively, any sanction applicable to a student under the Student Coda of Conduct may be provisionally applied to a visitor, to be made effective should the visitor ever enroll or reenroll at the University.

Last updated August 30, 2007