Nov 29, 2021  
2015 - 2016 Catalog 
    
2015 - 2016 Catalog [ARCHIVED PUBLICATION]

Campus Sexual Violence Prevention Program


Campus Sexual Violence Prevention Program

Overview

Delgado Community College is committed to creating an environment free of sexual violence. The College strives to achieve this goal through prevention and promotion awareness, survivor support, due process procedures, and referrals to law enforcement. In accordance with the Campus Sexual Violence Elimination Act (Campus SaVE Act) and 2013 Violence Against Women Reauthorization Act, the College is actively working to increase transparency about the scope of sexual violence on campus, guarantee survivors enhanced rights, and provide College-wide prevention educational programming.

The College implements relevant policies in such a manner to ensure that all students and employees have equal access to the information and services related to sexual violence, regardless of race, color, religious or political affiliation, gender, sexual orientation, citizenship, national origin, age, disability/ handicap, marital status or veteran’s status, gender, race, sexual orientation, nation of origin, religion, age, disability, pregnancy, childbirth and related medical conditions, and the sickle cell trait. Applicable services are available to any student or employee, whether the alleged assault occurred on or near campus, or elsewhere.

Definitions

Sexual violence is defined by the U.S. Department of Education Office of Civil Rights as physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, intimate partner abuse/domestic violence, dating violence, sexual battery, sexual abuse, sexual coercion, and stalking.  Sexual violence can be carried out by College employees, other students, or third parties. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.

In this policy, the person reporting the incident is referred to as a “survivor” to acknowledge those who have experienced sexual violence as individuals who have survived these experiences. While in other contexts, the term “victim” or “patient” may be used; however, “survivor” is used as term of respect to acknowledge that people who experience sexual violence have survived an event or events that can be life-changing.

Rights

It is the survivor’s right to decide how to cope with and report the experience.  All individuals who report an incident of sexual violence have specific rights whether or not they pursue any formal complaint or not.  Delgado affords anyone who reports alleged sexual violence, either on or off-campus, with the following information and rights:

  • Procedures that should be followed in the event of an incident of sexual violence including to whom the offense should be reported.
  • Options for reporting to law enforcement including the right to be assisted by campus authorities, as well as the right to decline to report to law enforcement.
  • The right to a prompt, fair and impartial investigation and resolution.
  • Changes to the academic, transportation and working situations if requested and reasonably available whether or not a formal report is made.
  • Possible sanctions or protective measures that may result from an institutional disciplinary proceeding.
  • Notification that that the College is obligated to follow up on all allegations and that confidentiality will be ensured to maintain the survivor’s safety, provided that doing so does not interfere with the College’s ability to investigate and take appropriate corrective action.
  • Reasonable safeguards to prohibit retaliation.
  • Notification about existing counseling, health, mental health, survivor advocacy, legal assistance and other services available on and off-campus.

Reporting to Police

Delgado Campus Police is the primary investigative agency for crimes that occur on Delgado property owned or leased except for the following: Murder; Child Abuse; Juvenile Offenses; Sex Offenses; Aggravated Kidnappings; Aggravated Arson; Parental Kidnappings; and Vehicles Fatalities. These offenses are investigated by the New Orleans Police Department (NOPD).  An individual who has experienced an incident of sexual violence may report this to the police by calling 9-1-1, the local police department or Delgado Police at 504-671-6111.

Reporting a crime is the process of officially documenting what has occurred with the police. Following the report, an investigation may occur.  During the investigation police may use discretion in informing survivors regarding the investigation’s progress; however, survivors may contact the department for updates. Following an investigation, a charge may be filed and/or the matter forwarded to be prosecuted. An arrest of a suspect may or may not occur at any point in the process. The New Orleans Police Department has specialized training in the investigation of sex offenses and shall conduct all investigations of sexual offense incidents reported to Delgado Campus Police.

Reporting to the Office of Student Life

If the alleged perpetrator of sexual violence is a student, survivors may report to the Office of Student Life, which administers the Student Judicial Code of Conduct.  Delgado has a student judicial process for incidents of misconduct involving Delgado students. Complaints of sexual violence and harassment may also be submitted to any one of the College’s Confidential Advisors, who are professional staff and faculty on each campus and site trained in appropriately handling complaints of sexual violence and harassment and referring to the appropriate College office.

If there is enough evidence to go forward, a student judicial hearing may result. If a student is found in violation of the Student Judicial Code, possible sanctions range from an official reprimand to expulsion. However, when students are found in violation of sexual misconduct, more common sanctions involve possible suspension, probation and “no contact” directives.  Depending on the facts of the case, sanctions are designed to address the behaviors and are both educational and punitive in nature.

Reporting to the Office of Human Resources/Equal Access Equal Opportunity Officer/ College Confidential Advisors

Incidents of sexual violence allegedly committed by an employee of the College may be reported to the Office of Human Resources or the Equal Access Equal Opportunity Officer. Incidents may also be reported to any one of the College’s Confidential Advisors, who are professional staff and faculty on each campus and site trained in appropriately handling complaints of sexual violence and harassment and referring to the appropriate College office.

The Office of Human Resources and the Equal Access Equal Opportunity Officer may be consulted about situations, take reports/complaints, initiate investigations/proceedings, and make recommendations/ determinations.  Depending on the outcome of the investigation/proceedings, if corrective action needs to be imposed, the Office of Human Resources or Equal Access Equal Opportunity Officer will advise College leadership on appropriate action.

These offices take steps to protect the confidential nature of reports and to resolve the matter as discreetly as possible, while remaining attentive to any concerns regarding retaliation during the process.

Annual Crime Reporting

Delgado’s Campus Police is responsible for meeting Clery Act reporting requirements, including reporting and publishing annually the number of sexual assaults reported on each campus/site and the number of sexual assault investigations conducted on each campus/site.

Response Training and Education

Delgado Campus Police ensures annual training and education on sexual violence primary prevention and awareness is provided for the college community.  Such training/education includes but is not limited to information on the definition of domestic violence, bystander intervention guidelines, risk reduction, survivor rights and reporting procedures.  In addition, the Equal Access/Equal Opportunity Officer ensures the College’s Confidential Advisors are trained annually to assist survivors of sexual violence and harassment.