We strongly encourage victims of sexual assault to report the crime. Filing a police report in conjunction with the collection of evidence through the rape protocol exam provides critical information in support of a victim if he/she makes the choice to pursue prosecution. The information below offers a general overview of what occurs when filing a police report and highlights the comprehensive victim assistance provided by our Crisis Assistance Response and Education (C.A.R.E.) Program. No matter where the victimization may occur or whether one chooses to file a police report or not, C.A.R.E. services are available to students. Visit the C.A.R.E. website for detailed information on sexual assault at www.cofc.edu/care

A rape protocol examination (“rape kit”) is an essential tool if you anticipate any possibility of pursuing prosecution and must be conducted within 72 hours of the incident. It is important to note that the victim is a primary component of the evidence in a crime scene. Avoid douching, showering, changing clothes, brushing teeth, or drinking. This rape kit/rape protocol exam, conducted at a hospital, is used to collect evidence and treats possible injuries/sexually transmitted diseases. Whether a victim has made the decision to prosecute or not, this examination is free (www.govoepp.state.sc.us/sova/) and offers an opportunity to obtain any possible evidence necessary to support your case should you choose to handle this through the criminal justice process.

Whether you choose to file a police report or not, please get help. Even if you choose not to file a police report, it is still important to have a medical exam to treat any possible injuries and test for sexually transmitted diseases.

Under the provisions of the Jessica Horton Act (S.C. Code Ann. §59-154-10), the chief of the campus police of an institution of higher learning, or his designee, immediately shall notify the State Law Enforcement Division if there is a death resulting from an incident occurring on the property of the institution or if the officer or another official of the institution is in receipt of a report alleging that an act of criminal sexual conduct has occurred on the property of the institution. (Property of the institution" means a building or property: (a) owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes; (b) owned or controlled by a student organization recognized by the institution including, but not limited to, fraternity, sorority, and cooperative houses; or (c) controlled by the institution but owned by a third party.

Upon notification, the State Law Enforcement Division shall participate in a joint investigation of the death or alleged act of criminal sexual conduct. In the case of a death, the State Law Enforcement Division shall lead the investigation. In the case of an alleged act of criminal sexual conduct, the campus police shall lead the investigation. The campus police and other employees of the institution of higher learning shall cooperate with an investigation conducted by the State Law Enforcement Division.

If a sexual assault occurs off campus, the proper jurisdiction should be notified immediately. Please familiarize yourself with the numbers for emergency assistance (EMS, police) in your area. A listing of Tri-county law enforcement jurisdiction telephone numbers, appropriate campus/community resources, and relevant web-listings are provided under the heading titled, RESOURCES. Even though the incident occurs off campus, C.A.R.E. specialists are available to meet with the student and provide intervention to deal with any of the fallout from the crime that may impact the student’s class attendance, enrollment or collegiate experience while a student at the College of Charleston.

It is customary protocol for area hospitals to call the appropriate law enforcement jurisdiction if a victim seeks medical attention for a sexual assault through an emergency room. Law enforcement response protocol is dictated by the responding agency’s policies. The choice to file a report, however, rests with a victim.

An incident reported directly to C.A.R.E. by an emergency page, referral or walk-in will initiate a meeting with C.A.R.E. victim assistance specialists to explore assistance and resources available to the victim on campus, within the greater community or, when appropriate, within other law enforcement jurisdictions in-state or out of state. C.A.R.E. will work with the victim to initiate immediate intervention and direct assistance tailored to the specific needs of the victim. C.A.R.E. victim assistance specialists are available and will provide intervention assistance whether an individual chooses to file an official police report or not - no matter where the sexual assault occurred.

WHAT IS C.A.R.E.? (www.cofc.edu/care/)

The specially tailored C.A.R.E. program is available for our students no matter where a crime occurs - on or off campus – and no matter whether the student elects to file an official police report or not. Certified victim assistance specialists are available to address the non-counseling fallout from the crime, attend to ongoing distractions or interruptions that can occur if involved in any court process, and work to resolve any issues that arise related to the crime and its impact on the college experience. Services are provided within a framework that is private, attentive, sensitive and knowledgeable.

With the consent and ongoing involvement of the student, C.A.R.E. victim assistance specialists are available to: explain the reporting process and assist the student, if he/she chooses, in filing a report with the appropriate law enforcement agency; assist in arranging meetings or initiate direct contact with individuals involved in on-campus disciplinary action and/or the criminal justice process; serve as the liaison for the student within the College community so that the victim's privacy and dignity are maintained in all aspects of intervention and assistance and, as requested, to serve as liaison with individuals off campus; work with the student to reasonably accommodate possible disruption to the student's class attendance, class work, academic schedule, or initiating necessary changes that may result from the victimization; assist in locating appropriate on campus and community resources to meet the student's specific ongoing needs; work with appropriate personnel within the court system; and provide access to legal information. This program is designed to prevent revictimization and provides comprehensive victim assistance at one convenient location. The C.A.R.E. team is accessible 24-hours a day to work with a student who needs immediate assistance for a victimization that has just occurred.

Non-emergency team assistance (the incident occurred days, a week, a month ago, requests for information, referrals or resources) may be arranged by calling the C.A.R.E. office at 953-3390 during normal business hours. Please ask to speak with a C.A.R.E. specialist.

Get emergency assistance * for an incident that has just happened by calling the emergency response pager number at 724-3600. After the sound of the tone, enter the telephone number from which you are calling. Please remain at the location from which you placed the call. A C.A.R.E. specialist will return your call.

*C.A.R.E. emergency assistance is not intended to replace emergency medical or law enforcement assistance. Life-threatening circumstances should be reported immediately by contacting 911 or appropriate emergency response agencies. On campus dial 3-5611 for Campus Police.

Return to top

The core values that define the character of the College of Charleston community exclude behavior that in any way violates the rights or diminishes the dignity of any person. Sexual misconduct can, therefore, never be tolerated. The information provided below offers clarity in defining “sexual misconduct” and provides an outline for initiating a campus judicial process for an allegation involving another student.

Sexual misconduct, defined as any non-consensual conduct of a sexual nature, encompasses a broad range of behavior from inappropriate touching to sexual assault and includes, but is not limited to:

a) Non-consensual Sexual Intercourse - vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue or finger; and oral copulation (mouth to genital contact or genital to mouth contact). Engagement in such behavior is also a crime under South Carolina law as Criminal Sexual Conduct.

b) Non-consensual Sexual Touching - touching of intimate body parts such as genitalia, groin, breast, buttocks, or any clothing covering them, touching a person with one’s own intimate body parts, or compelling another to touch one’s intimate body parts. Engagement in such behavior is also a crime under South Carolina law as Criminal Sexual Conduct.

c) Sexual Exploitation - non-consensual sexual advantage of another for one’s personal or third-party benefit that does not otherwise constitute rape or sexual assault. Examples of sexual exploitation include, but are not limited to such acts as:

• i) inducing incapacitation with the intent to rape or sexual assault another student;
• ii) non-consensual video or audio taping of sexual activity;
• iii) allowing others to observe a personal act of consensual sex without knowledge or consent of the partner;
• iv) voyeurism (Peeping Tom activity)
• v) knowingly transmitting an STD or HIV to another student;
• vi) prostituting another student (monetary gain, privilege or power from the sexual activities of another student

d) Non-consensual – the absence of explicit verbal consent or overt action clearly expressing consent. Such signals of consent must be mutual and ongoing. Consent obtained through fraud or force, whether that force is physical or through threats, intimidation or coercion is not regarded as legitimate consent.

It is the responsibility of the initiator (the person who wants to engage in the specific sexual activity) to make sure that they have consent from their partner. Use of alcohol or drugs shall not diminish one’s responsibility to obtain consent.
Incapacitation – constitutes a lack of consent. Examples of incapacitation include, but are not limited to, the following:

a) use of force
b) threat of force
c) fear
d) a person who is intoxicated, passed out, asleep, or for any other reason physically unable to communicate unwillingness

Return to top

While it is the choice of a student to determine whether he/she will initiate judicial action through the Dean of Students for a violation of sexual misconduct, we strongly encourage a student to do so. Honor Board hearings are closed to the public, unless the respondent requests that others attend or that the hearing be open to the public. The complainant may also request that others attend the hearing in a sexual misconduct case. The granting or denying of this request is subject to a majority vote of the Honor Board presiding over the case.

Special Needs

Special needs regarding the hearing set-up should be communicated to the Dean of Students. After careful review, the Dean will ask the Honor Board/Panel to accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, respondent, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, audio tape, written statement, or other means.

Violations Which Also Violate Municipal, State, or Federal Law

Students may be accountable to both outside authorities and to the College for acts which constitute violations of law. Disciplinary action at the college will normally proceed during the pendency of criminal or civil proceedings and will not be subject to challenge on the ground that criminal or civil charges involving the same incident have been dismissed, reduced or resolved in favor or against the student. Determinations made or sanctions imposed under a judicial process shall not be subject to change because charges arising out of the same facts giving rise to violation of College rules were dismissed, reduced or resolved in favor of or against the student.

Other Official Intervention/Resolution

Letters of no contact, cease and desist letters and other written forms of intervention may be initiated after determination by officials in Student Affairs that such action is appropriate and warranted.

Rights and Options for Judicial Action

A student who becomes a victim of sexual misconduct:

a) has the right to file charges and pursue criminal prosecution and conviction of a perpetrator (another student)

b)whether the incident occurs on or off campus

c) may choose to initiate campus proceedings in addition to criminal proceedings

d)may consider pursuing a civil suit

Under the Sexual Assault Victims’ Bill of Rights, victims of sexual assault are entitled to:

a) be treated with respect

b) be informed of the option to notify law enforcement.

c) be afforded the same opportunity to have others present at on-campus judicial proceedings.

d) be informed of the outcome of any disciplinary proceeding.

e) be aware of counseling services.

f) be notified of options for changing academic and living situations.

For those electing to initiate campus judicial action, the complainant in sexual misconduct cases is afforded the same opportunities as the accused to have others present at Honor Board proceedings. Notification of the outcome of the proceedings is communicated directly to the complainant and the respondent.

Both the accused and the accuser may be accompanied at the hearing by an honor advisor, another non-attorney advisor, or an attorney.

Sanctions:

Precedent set by previous boards for a finding of responsibility for non-consensual sexual intercourse is either expulsion or suspension for the duration of enrollment of the complainant with special conditions attached for re-enrollment.

A partial listing of other possible sanctions for any violation of our Code of Conduct follows:

a) Disciplinary warning

b) Restriction

c) Disciplinary probation

d) Deferred suspension or expulsion

e) Disciplinary suspension

f) Expulsion

g) Other - work hours may be assessed; fines or reimbursement for damage to or misappropriation of property may be assessed; or rehabilitative educational experiences may be ordered.

For detailed information on the process for reporting a violation for judicial action and what occurs once a report has been initiated, please refer to “Procedures for Reporting” in the Student Handbook.

The specially tailored C.A.R.E. Victim Assistance program is available for our students no matter where a crime occurs - on or off campus – and no matter whether the student elects to file an official police report or not. Certified victim assistance specialists are available to address the non-counseling fallout from the crime, attend to ongoing distractions or interruptions that can occur if involved in any court process, and work to resolve any issues that arise related to the crime and its impact on the college experience. Services are provided within a framework that is private, attentive, sensitive and knowledgeable. With the consent and ongoing involvement of the student, C.A.R.E. victim assistance specialists are available to: explain the reporting process and assist the student, if he/she chooses, in filing a report with the appropriate law enforcement agency; assist in arranging meetings or initiate direct contact with individuals involved in on-campus disciplinary action and/or the criminal justice process; serve as the spokesperson for the student within the College community so that the victim's privacy and dignity are maintained in all aspects of intervention and assistance and, as requested, to serve as liaison with individuals off campus; work with the student to reasonably accommodate possible disruption to the student's class attendance, class work, academic schedule, or initiating necessary changes that may result from the victimization; assist in locating appropriate on campus and community resources to meet the student's specific ongoing needs; work with appropriate personnel within the court system; and provide access to legal information. This program is designed to prevent revictimization and provides comprehensive victim assistance at one convenient location. The C.A.R.E. team is accessible 24-hours a day to work with a student who needs immediate assistance for a victimization that has just occurred.

Return to top