Sexual assault is a violent crime that can be committed by a person either known or unknown to a person. DeSales University recognizes the nationwide prevalence of sexual offenses and it publicly states that such behavior, whether forcible or non-forcible, will not be tolerated in any form. Offenders are subject to criminal prosecution under the Pennsylvania Crimes Code and disciplinary action through the DeSales University judicial process.
If an on-campus sexual offense occurs, the University will make every effort to provide support services for the victim. The University reserves the right, in its sole discretion, to take action under this policy for off-campus behavior. Sexual offenses are not only a violation of law and reprehensible in context, but are a matter of particular concern in an academic community in which students, faculty and staff are related by bonds of dependence and trust.
Sexual Offenses Defined
The federal Uniform Crime Reporting (UCR) program defines a forcible sex offense as any sexual act directed against 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. Non-forcible sexual offenses are defined as acts of unlawful, non-forcible sexual intercourse. These include incest and statutory rape.
DeSales University considers the following Pennsylvania crimes to be serious offenses:
- Rape, a felony of the first degree, is sexual intercourse obtained through force, threat of force, or without the victim's consent. Ejaculation is not necessary, but there must be some penetration, however, slight. Rapes occurring between people who know each other are sometimes referred to as acquaintance or date rapes.
- Involuntary deviate sexual intercourse, a felony of the first degree, is oral or anal sexual intercourse obtained through force, threat of force or without the victim's consent. The term also includes penetration, however slight, of the genitals or anus by a part of the offender's body for any purpose other than good faith medical, hygienic or law enforcement procedures, by force or threat of force or without the victim's consent.
- Sexual assault, a felony of the second degree, is sexual intercourse or deviate sexual intercourse without the victim's consent.
- Aggravated indecent assault, a felony of the second degree, is penetration, however slight, of the genitals or anus with a part of the offender's body for any purpose other than good faith medical, hygienic or law enforcement procedures, by force or threat of force or without the victim's consent.
- Indecent assault, a misdemeanor of second degree, is any touching of the sexual or other intimate parts of a person for the purpose of arousing or gratifying sexual desire, in either person, by force or threat of force or without the victim's consent.
A person may be considered incapable of giving consent if she/he is asleep, unconscious, suffers from a mental disability which renders the person incapable of consent, is less than 13 years of age, or is mentally or physically incapacitated by alcohol or drugs.
Reporting Offenses
Victims are strongly encouraged to immediately report all on-campus sexual offenses to University Police who may be contacted by dialing extension 1250 from any on-campus phone. If calling from a cellular or off-campus phone, dial 610-282-1100, ext.1250. Offenses may also be reported in person at the DeSales University Police Department located in the Lawless Center.
Victims may also seek support from the Health Center, the Counseling Center, the Campus Ministry Office, the Dean of Student's Office or the Vice President of Student Life. Additionally, victims also have the option of contacting the Upper Saucon Police Department by calling 610-437-5252. Victims of off-campus sex offenses are strongly encouraged to report the incident to the appropriate local law enforcement agency by calling 911. If requested, institutional personnel will assist with notifying law enforcement.
A 24-hour Crisis Hotline is available by contacting University Police at 610.282.1100 ext. 1250. All information received from a victim will be treated as confidential upon request. Any student or employee wanting to talk or needing help at any time can call 610.282.1100 ext. 1250. If you are unsure what to do or who to call, please call. Help is only a phone call away.
While an offense should be reported immediately, it can be reported at any time. In compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and the College and University Security Information Act of the Commonwealth of Pennsylvania (Act 73 of 1988), all reported offenses are included in the Annual Security Report.
Guidelines to follow after a rape or sexual assault
- Get to a safe place as soon as you can.
- Try to preserve all physical evidence.
- Get medical attention as soon as possible.
- Contact the police.
- Talk with an advocate or counselor who will maintain confidentiality.
- Contact someone you trust to be with you.
If you are a victim of a sexual assault, your first priority should be to get to a place of safety. If you are sexually assaulted, it is important that you seek immediate medical attention. The University Police can assist you in obtaining medical care. In order to preserve evidence, do not shower, douche, wash, use the toilet or change clothing. Prompt reporting will assist police in collecting and preserving evidence. If you wish to pursue criminal charges, this evidence will later be used in prosecution.
A list of available counseling services and medical treatment facilities is available at the DeSales University Counseling Center located in the McShea Student Center.
The Counseling Center, located in McShea Student Center, offers emotional support to victims, including information about common reactions to sex offenses and ways to cope. Meetings with professional counselors are confidential and can be scheduled by calling 610-282-1100, ext. 1214 or 1462. Office hours are Monday-Friday, 8:30 a.m. - 4:45 p.m. Although professional and pastoral counselors are exempt from reporting requirements of the Clery Act, the crime may be reported on a voluntary, confidential basis to University Police for inclusion in the annual crime statistics, especially if the incident poses a continuous threat to the campus community.
The Crime Victims Council of the Lehigh Valley/Rape Crisis Center, an off-campus agency, can also offer assistance. They can be contacted by telephone at 610-437-6611.
University Response when a Sexual Offense is Reported
- Immediate medical assistance for the victim will be made available. If appropriate, transportation to a hospital will be arranged or provided.
- University Police will conduct a prompt and thorough investigation of the incident. When appropriate, criminal charges will be filed with the approval of the Lehigh County District Attorney's Office and in cooperation with the victim.
- Victims will be treated with courtesy, sensitivity, dignity and understanding.
- University Police will answer a victim's questions at any time and will explain the criminal justice process, informing the victim of services available both on-campus and off-campus.
- Changes in the victim's academic, living and/or employment situations will be made upon request when such changes are reasonably feasible.
- Psychological counseling services will be immediately made available.
- When the alleged offender is a student, the offense will also be handled within the campus judicial system.
- When the alleged offender is a faculty member or non-faculty employee, the offense will be referred to the Offices of Human Resources or Academic Affairs.
Campus Judicial Rights
If a sex offense occurs, the following applies to students:
- The victim's academic/living situation will be changed upon request.
- The accuser and accused will have the right to have others present during disciplinary hearings.
- The accuser and accused shall be notified of the outcome of the campus disciplinary proceedings.
Where there is probable cause to believe that University regulations prohibiting sexual offenses have been violated, the University will pursue strong disciplinary action through its own channels. A student charged with a sexual offense can be prosecuted under Pennsylvania criminal statutes and also disciplined through the University judicial system. Even if the criminal justice authorities choose not to prosecute, the University can pursue disciplinary action. It may pursue such action whether or not legal proceedings are underway or in prospect and may use information from third party sources, such as law enforcement agencies and the courts, to determine whether University rules have been broken. Conversely, the University makes no attempt to shield members of the community from the law, nor does it intervene in legal proceedings against a member of the community.
Sanctions for students found guilty of rape or other sexual offenses may range from suspension to expulsion from the University.
Education and Services
The University urges all students and employees to become aware of personal safety and to exercise precautionary measures to decrease the risk of becoming a victim of crime, including sexual offenses.
The following on-campus educational programs and services are available:
- Escort Service - University Police provide an escort service for all members of the University community from sunset to sunrise seven days per week. The escort service is also provided for sick/injured members of the University community 24 hours per day.
- R.A.D. - In an effort to educate students in the area of self-defense, University Police provide women with the opportunity to attend the Rape Aggression Defense (R.A.D.) program. The R.A.D. program is a non-credit comprehensive course designed solely for women that begins with awareness, prevention, risk reduction and avoidance while progressing onto the basics of hands-on defensive training. This system of realistic defense provides women with the knowledge to make educated decisions about resistance.
- Educational Programs- The Counseling Center staff is prepared, at request, to offer a personal safety program to students, providing information about sexual assault prevention. University Police offer sexual assault education and information programs to students and employees upon request. Literature on sexual assault prevention and risk reduction is available at the Counseling Center, Health Center and the University Police Department.
- Health & Wellness Fair- In the fall semester, the Counseling Center hosts a Health & Wellness community fair with various agencies, including the Lehigh Valley Crime Victim's Council and Turning Point of the Lehigh Valley.
- Emergency Call Boxes - Emergency call boxes are strategically located throughout the Center Valley campus. They are either bright yellow in color or have a steady burning blue light near them to allow for easy locating. When activated, these call boxes connect directly to University Police in seconds.
- Campus Crime Alerts- Timely warnings are posted throughout campus buildings whenever a sexual offense or other serious crime is reported.
Sexual Assault Risk Reduction Tips
- Avoid excessive use of alcohol and other drugs.
- Trust your instincts. If an individual makes you feel uncomfortable, remove yourself from the situation.
- Be assertive. State clearly what you want and do not want.
- Clearly communicate your boundaries and limits. If someone makes you feel uncomfortable, tell him/her early and firmly. Say "No" when you mean "No".
- Avoid walking alone if you are distracted, upset, or under the influence of any substance which may impair your action.
- Never accept beverages, including non-alcoholic ones, from someone you don't know or trust. Never leave your drink unattended; get a new one if you do.
Resources
The following offices can provide assistance and support:
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Telephone
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University Police
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610-282-1100, Ext. 1250
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Health Center
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610-282-1100, Ext. 1776
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Counseling Center
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610-282-1100, Ext. 1462
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Dean of Student's Office
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610-282-1100, Ext. 1272
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Office of the Vice President of Student Life
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610-282-1100, Ext. 1475
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Office of Campus Ministry
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610-282-1100, Ext. 1898
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Upper Saucon Twp Police Department
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610-437-5252
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Crime Victims Council of the Lehigh Valley
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610-437-6611
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