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SEXUAL MISCONDUCT / GENDER-BASED MISCONDUCT
The Roger Williams University community is committed to preserving the dignity and safety of its members. The University will not tolerate sexual assault, sexual misconduct, gender-based misconduct, sexual harassment, sexual exploitation, stalking, or relationship violence (collectively sexual misconduct) in any form within our community. We will work collaboratively to create and ensure a safe and comfortable environment for all.
All forms of sexual misconduct are discriminatory in nature and are prohibited by Title IX of the Educational Amendments Act of 1972 as well as prohibited by the Roger Williams University Student Code of Conduct (the Code).
WHAT RWU CONDUCT CODES APPLY TO SEXUAL MISCONDUCT
Sexual misconduct (Conduct Code 2) is considered to be one of the most serious violations of the Roger Williams Student University Code of Conduct. Students found responsible for a violation of sexual assault through the Sexual Misconduct Review Process will receive a sanction of suspension for no less than one semester up to dismissal from the University. Other violations of Conduct Code 2 can result in a sanction range up to dismissal as well. All RWU students are responsible for being familiar with and abiding by the standards of conduct in this section.
Conduct Code #2: Sexual Misconduct/Gender-Based Misconduct
Members of the Roger Williams University community, guests and visitors have the right to be free from sexual/gender-based misconduct and discrimination. The University will not tolerate misconduct regardless of the sexual orientation or gender identity of individuals engaging in sexual activity. The University will remedy all unwelcome conduct of a sexual/gender-based nature and will impose serious sanctions on anyone who violates this policy. Conduct that violates this value includes, but is not limited to:
- Sexual assault (including non-consensual sexual intercourse, non-consensual sexual contact);
- Sexual harassment;
- Sexual exploitation;
- Dating violence or domestic violence;
- Stalking; and
- Illegal possession or distribution of pornography.
The policy applies to all students, regardless of sexual orientation and/or gender identity. A student charged with sexual misconduct can be held accountable under the University’s Code and could face possible criminal charges with law enforcement agencies. These above actions are separate and not dependent upon one another.
Additionally, during the Sexual Misconduct Review Process, the person making the report will be referred to as the "reporting student” or “reporting party”, and the student responding to the report will be referred to as the "responding student” or “responding party”.
The University encourages victims and bystanders to report incidents of sexual misconduct without fear of being accused of lower-level policy violations themselves, such as underage alcohol or drug intoxication. To encourage reporting, the University will review amnesty options for all reporters.
SEXUAL MISCONDUCT INVESTIGATION AND ADJUDICATION
Notice of a formal report can be made in writing or orally to an appropriate staff member (Title IX Coordinator or Deputy Title IX Coordinators, Residence Life staff, Student Conduct staff, Public Safety, other Student Life staff, etc.) though the University encourages written reports to be submitted. The report should clearly describe the alleged incident and when and where it occurred. Additionally, the initiator of a formal report should submit any supporting materials in writing as quickly as possible. The Title IX Coordinator or designee is identified to formally investigate and address the University’s compliance efforts regarding reports of sexual misconduct. Completion of the investigation and adjudication typically may be completed within 60 days of receipt of the complaint, often sooner. Some circumstances may require that an investigation continue beyond the 60 day period. These circumstances may include the complexity and scope of the allegations and the investigation, the number and availability of witnesses, the effect of a criminal complaint, or any intervening college breaks or holidays.
All reports will be taken seriously. Every reasonable effort will be made to preserve the privacy of all parties to the extent that the investigation allows. Only relevant information will be disclosed to those people with a need for information regarding the investigation (need to know basis). Interim remedial actions may be enacted by the University to stop the alleged harassment or discrimination and/or to protect the safety and well-being of the involved parties and the University community. Interim remedial actions include but are not limited to: no contact orders/directives, academic and housing changes/accommodations, and emergency housing and campus restrictions/suspensions. The Title IX Coordinator will oversee the designated trained investigators and determine the course of action, which may include formal Student Code of Conduct charges. It may also be determined through the investigation process that there is not enough information available to proceed to Conduct Code charges. Remedial actions may still be enacted even if a report does not proceed to a University Hearing.
The investigative process may include but is not limited to interviews with, as determined in the investigator’s sole discretion, the reporting student, the responding student, any relevant witnesses, other appropriate individuals, and review of any documents or materials deemed potentially relevant. Both the responding and reporting students have the right to meet separately with the investigator(s) and to present any information relevant to the report and to provide names of witnesses and/or information helpful. No student has the right to confront the responding student, reporting student or witnesses or to be present during the investigation and adjudication (Hearing) at the same time as any other student or witness. When the investigation is completed, a written investigative report and corresponding materials will be prepared. The information will be available for review and response by the responding and reporting students upon request and by a University Hearing body for decision making regarding responsibility and sanctioning.
WHERE TO GET HELP IF YOU ARE ACCUSED OF SEXUAL MISCONDUCT
Being accused of sexual misconduct can be a frightening, confusing and isolating experience. You may want to seek emotional and other assistance to cope with the feelings and the conduct procedures associated with the charges.
Three possible resources for you on campus include:
- RWU Center for Counseling & Student Development - (401) 254-3124
- RWU Office of Student Conduct & Conflict Resolution - (401) 254-3042
- Title IX Coordinator, Jen Stanley – (401) 254-3123 • email@example.com
- RWU Multifaith Chaplain, Rev. Nancy Soukup - (401) 254-3433 • firstname.lastname@example.org