Sexual Assault Policy
Statement of Intent
The College of the Holy Cross is a community of trust in the Jesuit tradition whose very existence depends on strict adherence to standards of conduct set by its members. Among these are standards regarding human sexuality, any expression of which must affirm the integrity and dignity of oneself and others.
Sexual misconduct in all forms violates the sanctity of the human body and spirit and will not be tolerated within our community. Some forms of sexual misconduct, often referred to as sexual assault or rape, are punishable by both civil and criminal legal action. Sexual misconduct is considered to be one of the most serious violations of the Community Standards of the College of the Holy Cross. Students at the College of the Holy Cross are responsible for being familiar with and abiding by the standards of conduct set forth herein.
Statement of Policy
The College of the Holy Cross strictly prohibits sexual misconduct in all forms. Sexual misconduct includes the following:
Sexual Misconduct I
Sexual Misconduct II
Any type of sexually oriented conduct, whether intentional or not, that is unwelcome and has the purpose or effect of creating an employment or academic environment that is hostile, offensive or coercive to a reasonable woman or man, as the case may be. For more information see the Sexual Harassment Policy as published in the Student Handbook, copies of which are available in the Office of Student Affairs, Hogan 109.
Statement on Confidentiality
The Holy Cross community understands that all parties involved in the report of a violation of the sexual misconduct policy experience significant distress, whether they be the victim, the accused or any other individual associated with the report. All parties involved are expected to be treated with respect and dignity and the community will provide a safe place where the individuals may receive appropriate personal support.
If any person involved in the report of sexual misconduct desires confidential support, they should speak with professional staff in the Counseling Center, Chaplain's Office or Health Services. Staff in Health Services are required by federal law to pass along nonpersonally identifiable statistical information to Public Safety. The only information that will be released is that an incident was reported, the type of incident and the general location of the incident (i.e., "on campus" or "off campus"; no address will be given). Statistics given to Public Safety will be made available through publication in the Annual Campus Security Report.
Students have the right under federal law (Title IX) to expect that reports of sexual misconduct will be taken seriously by the College of the Holy Cross. At the request of the student making the report, or when deemed necessary to protect the interests of the College community, reports will be investigated and properly resolved through administrative procedures. Officials of the College, such as the Residence Life staff, deans or other administrators, shall be available to any student seeking information or wishing to report an incident of sexual misconduct.
For An Individual Reporting Sexual Misconduct
The College of the Holy Cross recognizes that a student reporting an incident of sexual misconduct may desire confidentiality and may not want the College or Public Safety to investigate and attempt to resolve the incident. For any student who so requests, officials of the College will maintain confidentiality to the extent permitted by law. However, the College reserves the right to investigate and pursue resolution when it is deemed necessary to protect the interests of the College community.
A student who initially requests confidentiality and who requests that the College not investigate or pursue resolution may later request that the College investigate and pursue resolution. Reports filed with Public Safety will be noted in a log that is made public within two (2) business days of the date of the report. No names or other information that could reveal the identity of the individuals involved will be made public in the Public Safety log.
Students should be aware that administrators (with the exception of Chaplains and Counseling Center Staff) must fulfill separate requirements as a matter of law. All personally identifiable information shall be kept confidential, but statistical information must be passed along to Public Safety regarding the type of the incident and its general location for publication in the Annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime to ensure greater community safety. In addition, College administrators must issue timely warnings for incidents reported to them that continue to pose a substantial threat to bodily harm or danger to members of the campus community.
For An Individual Accused of Sexual Misconduct
Confidentiality with respect to a person accused of having violated the sexual misconduct policy is governed by the Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment. FERPA provides that personally identifiable information maintained in the educational records of an institution shall not be disclosed, except as otherwise specified by law.
College jurisdiction and discipline shall be limited to conduct which occurs on College premises or which occurs off College premises and adversely affects members of the College community and/or pursuit of the College's mission.
Period of Limitation
Any member of the College community may file a complaint against a student for allegedly violating the sexual misconduct policy. The term "student" includes all persons (other than faculty, staff or administrators) taking or auditing courses at the College, either full-time or part-time. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the College are considered students. The term "member of the College community" includes any person who is a student, faculty member, administrator/staff member or any other person employed by the College. A person's status in a particular situation shall be determined by the Vice President for Student Affairs.
Statement of Rights
It is the goal of the College of the Holy Cross to ensure that students have access to needed resources, services and information.
Normally, the College assures all students the following:
For an Individual Reporting Sexual Misconduct:
For An Individual Accused of Sexual Misconduct:
For more information see the Community Standards and Judicial Procedures for Students found in the Student Handbook, copies of which are available in the Office of Student Affairs, Hogan 109.