Sexual Misconduct Policy and Definition
Judicial Procedures for violations of the policy on Sexual Misconduct
Longwood will not tolerate rape and/or sexual assault in any form, whether by a stranger or by an acquaintance, whether against females or males. This is a crime as well as a violation of the Longwood's Code of Conduct Standards and Regulations. Sexual misconduct is any sexual activity undertaken without consent. The following policy definitions apply:
Definition
Sexual Misconduct includes, but is not limited to:
1) Unwelcome sexual propositions, invitations, or other pressure for sex.
(2) Unwelcome touching - either of the victim or when the victim is forced to touch another person's body, directly or through clothing
(3) Coerced sexual intercourse (e.g., rape, attempted rape, sodomy, or other sexual acts or misconduct), or when the victim is incapable of consent by reason of age, mental incapacity (including unwitting consumption of drugs), or physical helplessness.
There are a number of different manners in which a sexual misconduct can be reported. One of the most important aspects is that an assault be reported.
1. Anonymous report via the Internet- Either you or someone else may anonymously report a sexual assault through this website. You will be prompted to answer 2 questions: Did the assault take place on campus? And Did the assault take place in a residence hall? The form is available on line at http://www.longwood.edu/police
2. Phone call to any member of the Student Affairs staff
3. Campus police
4. Honor and Judicial Programs office
Sexual Assault Website www.longwood.edu/health/sexual%20Assaultindex.htm
On Campus
Piedmont Crisis Center 1.888.819.2926
Department of Public Safety (confidential) 434.395.2091
Counseling Center (confidential) 434.395.2409
Assistant Dean for Student Affairs 434.395.2487
Director of Honor and Judicial Programs 434.395.2490
Resident Assistants (each Residence Hall floor)
Residence Education Coordinators 434.395.2080
Vice President for Student Affairs 434.395.2039
Student Health and Wellness Center 434.395.2102
Off Campus
Crossroads 1.800.548.1688
Southside Community Hospital 434.392.8811
Virginia Sexual Assault Hotline 1.800.838.8238
1) The complainant and respondent have the opportunity to express a preference as to which hearing body, the University Disciplinary Board or the special three-person sub-panel of the University Disciplinary Board will resolve the alleged violation(s) of the Policy on Sexual Misconduct.
The Director of Honor and Judicial Programs will consult with each party individually regarding their choice. Should the selection of the complainant and respondent differ, the Director of Honor and Judicial Programs will determine the appropriate referral.
2) The complainant has the right to request formal mediation of the complaint if the Director of Honor and Judicial Programs and/or the Assistant Dean for Student Affairs determine that the nature of the alleged incident is amenable to this type of resolution. Choosing mediation does not in any way preclude the complainant from filing disciplinary charges should he/she be dissatisfied with the process or the results.
3) The complainant may decide, subsequent to the filing of formal charges against the respondent, to withdraw the complaint.
Furthermore, the complainant has the right to reinstate the charge(s) only once after a formal complaint has been withdrawn. This must occur within one calendar year of the date of the alleged incident.
4) As a rule, the complainant has the right to not have information regarding previous sexual history with third parties inquired into during the hearing.
5) At the sole discretion of the chair and members of the hearing body, the complainant may be allowed to present evidence of the respondent's previous sexual history with third parties only if it has relevance to the establishment of a past pattern of conduct pertinent to the matter under review.
6) The complainant has the right to be made aware of the final decision(s) regarding the outcome of the hearing and any sanctions imposed upon the respondent.
7) During the testimony phase of Sexual Misconduct hearings, the right of cross-examination shall be superceded by cross-examination by the hearing board.
a) The respondent and the complainant may each privately present an opening statement before the Board. The respondent and complainant may view each other’s statement on live video feed.
b) The respondent and the complainant may present evidence and witnesses. Witnesses may be cross-examined in each other’s presence.
c) The board will privately cross-examine the respondent, the complainant, and any witnesses they deem necessary. The respondent and complainant may view testimony on live video feed.
d) The respondent and the complainant may each submit a list of questions to the Chair for the board to consider.
e) The respondent and the complainant may each present a closing statement in each other’s presence before the Board.
8) Victims of sexual misconduct will not be charged for alcohol offenses disclosed during the reporting process.
9) When determining responsibility, the use of alcohol or drugs will not be considered a mitigating factor.
Rights of the Victim
The right to have an advisor present throughout the disciplinary process, who may also be a legal counsel.
The right to remain present throughout the entire judicial hearing.
The right to have access to existing campus mental health and victim support services.
The right to submit a victim impact statement.
The right to know the outcome of the proceedings.
The right to be informed of the ability to request changes in academic and living situations.
The right to due process.
The right to be presumed not responsible until proven responsible.
The right to a timely hearing.
The right to notification of the charges, the specific rule or policy violated, and the time, date and place of the scheduled hearing at least 72 hours prior to the hearing.
The right to have an advisor present throughout the disciplinary process, who may also be a legal counsel.
The right to remain present during the entire hearing.