The IUP Campus Sexual Assault Survivor’s Bill of Rights Policy has been developed to ensure that consistent procedures and coordination of university and community resources are available to survivors of sexual assault.  This publication is in compliance with The Higher Education Amendments of 1992 and 1998, which requires this university to take initiatives to prevent, report, and investigate sex offenses that allegedly occur on campus.  According to The Higher Education Amendments of 1992 and 1998, a sex offense is defined as “either a forcible or non-forcible sexual act directed against another person, against that person’s will, or where the survivor is incapable of giving consent, and may include rape or acquaintance rape.”

 Sexual assault is a serious violation of the university’s expectations and campus behavioral regulations.  If there is reason to believe that a student has sexually assaulted another student and the university has sufficient information to file a judicial referral, judicial action will be taken by the university judicial system regardless of whether the case is pursued under state, criminal, or civil codes.  The university recognizes that sexual assault may cause severe physical and/or emotional consequences for the survivor.  Medical and mental health resources and preventive education are available to provide assistance.

Educational Programming

The university is committed to providing programming to students to increase awareness and encourage behaviors that reduce the risk of sexual assault.  The following offices work collaboratively to offer educational programming to the university community: Center for Student Life, Office of Health AWAREness, Office of Housing and Residence Life, Office of Public Safety (University Police), Office of Student Conduct, and Center for Counseling and Psychological Services.  Information about planned events may be obtained by calling the Office of Health Awareness at 724-357-4799 and the Punxsutawney Office at 814-938-6711.  IUP University Police offer a number of special programs and services designed to promote crime prevention as well as personal safety and security.  For more information on these programs and services, contact the University Police at 724-357-2141.

 Investigation and Disciplinary Procedures

1. On-campus Disciplinary Procedures and Sanctions – In the case where the survivor does not wish to have judicial action taken, the university will file a judicial referral when sufficient information exists to support the referral.  In a judicial board hearing, the assault is typically heard by a trained panel of three faculty/staff members and three students.  A judicial board chairperson oversees all proceedings to ensure that everyone’s rights are protected in accordance with state and federal law.  The survivor is encouraged to take the role as the witness in the judicial proceedings, but the survivor does reserve the right to not be present at the time of hearing.  The survivor may bring an advocate to serve as support during any judicial proceeding. The board members must determine by a majority vote, whether it is “more likely than not”, that the accused student sexually assaulted the survivor.  Once the case is completed, the accused student has the right to appeal the board’s decision, if the Board determines that the accused student is “in violation”.  The appeal decision is the final step in the university judicial proceeding.  For more information, call the Office of Student Conduct on the Indiana campus, 724-357-1264; the Office of the Dean, Armstrong Campus, 724-543-1078; the Office of the Dean, Punxsutawney Campus, 814-938-6711.  Possible disciplinary sanctions for sexual assault include, but are not limited to, removal from university housing and suspension and/or expulsion from the university.  Information concerning the sanction outcome of any such proceeding shall be available to the survivor after the appeal period/process is concluded.

2. Criminal Investigation and/or Prosecution - University Police will take appropriate legal action upon receipt of a report of sexual assault. 

When reporting the assault to the University Police, the survivor relinquishes the right to decide if further investigation and/or campus judicial action will be taken against the person who perpetrated the assault.  In a situation where a non-student assaults a student, the survivor is only able to pursue charges through the legal system.  Officials will encourage the survivor to actively participate in both legal and campus judicial action.

Sexual Assault Procedures - Any person becoming aware of a sexual assault should:

1. Encourage the survivor to contact University Police at 724-357-2141.  This office will assist the survivor in reporting the assault and refer him/her to the appropriate office for follow-up through the legal and/or university judicial system.  In cases requiring urgent measures, survivors should contact the local emergency operating center at 911. Make sure the survivor is in a safe and secure environment.  Encourage the survivor to preserve all physical evidence.

2. Encourage the survivor to seek medical attention.  The survivor should be referred to the nearest hospital if the alleged assault occurred within the last seventy-two hours.  Each hospital has the facilities and expertise to conduct medical-legal examinations even if the survivor prefers not to prosecute.  An Indiana Campus student should be referred to the Pechan Health Center at 724-357-2550, if the alleged assault occurred more than seventy-two hours previously.  This step is important so that s/he receives proper assessment and treatment of any physical injuries sustained in the assault. 

Furthermore, it is important to determine the survivor’s risk of sexually transmitted diseases or pregnancy and take preventive measures.  This step is also necessary to gather evidence for the prosecution of the case.

3. Encourage the survivor to seek emotional support services.  The IUP Center for Counseling and Psychological Services, on the Indiana campus, is available to students from all campuses at 724-357-2621, the Alice Paul House, in Indiana, at 724-349-4444, and HAVIN (the Survivor Abuse Center) in Kittanning, at 724-548-8888, are available to provide supportive counseling services to the survivor. Psychological counselors and clergy are not mandated by the Jeanne Clery Act to report a sexual assault incident.  Ask the survivor if there is someone s/he would like to contact or would like for you to contact.  A close friend or someone s/he trusts can provide support during this traumatic time.

4. Inform the survivor of other Campus Officials to whom crimes may be reported.  Other IUP agencies available to students who may need support are as follows: Betsy Joseph, Office of Housing and Residence Life 724-357-2698; Terry Appolonia, Center for Student Life 724-357-2598; Frank Condino, Intercollegiate Athletics 724-357-2782; Kate Linder, Office of Student Conduct 724-357-1264; Patricia Scott, Armstrong Campus 724-543-1078; Valarie Mancuso, Punxsutawney Campus 814-938-6711; Helen Kennedy, Office of Social Equity 724-357-2431; and University Police 724-357-2141.

Changing Academic or Living Arrangements

1. Academic Schedules - A survivor who has been assaulted and wishes to change his/her Indiana campus classroom or academic situation may discuss various options with the Office of Advising and Testing on the Indiana campus at 724-357-4067; the Armstrong Campus Administrative Office at 724-543-1078; and the Punxsutawney Campus Administrative Office at 814-938-6711.  Options include total university withdrawal, discrete course withdrawal, or change of section.

2. Campus Room or Apartment – A Survivor has the option of changing her/his on campus housing assignments by contacting his/her campus assistant director (Punxsutawney) or residence director (Indiana Campus).

IUP is committed to complying with regulations and guidelines established under Act 1988-73, the College and University Security Information Act, and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998.  Students or employees who wish to file complaints related to institutional compliance with the acts should address them to the Director of University Public Safety, 910 Grant Street, Administrative Annex, IUP, Indiana, PA 15705.  If the complaining party believes that the violations are continuing after resolution of the complaint by IUP, a complaint may be filed with the Office of Attorney General, Eastern Regional Office, 564 Forbes Avenue, Pittsburgh, PA 15219.

Campus Sex Crimes Prevention Act of 2000

The Campus Sex Crimes Prevention Act of 2000 (CSCPA) amends the Jacob Wetterling Crimes Act Against Children and Sexually Violent Offenders Act. The Wetterling Act sets minimum state standards for state sex offender registration and community notification standards.  Under the CSCPA there are provisions relating to registration and community notification for sex offenders who are enrolled in or work at institutions of higher education.  In addition to Wetterling, the CSCPA amends the Clery Act and the Family Educational Rights and Privacy Act of 1974.

Under the CSCPA Indiana University is required to inform the campus community where sex offender registration information can be obtained.  The CSCPA does not require the University Police to maintain a list of registered Pennsylvania sex offenders.  Information currently required under the law is maintained by the Pennsylvania State Police and is accessible at http://www.psp2.state.pa.us/svp/index.htm