Policy Regarding Sexual Offenses

 Harper College is committed to providing a safe environment for its students, free of harassment, coercion and violence. Moreover, Harper College recognizes that it is a part of a larger community and is obligated to uphold the laws of that community. Although the College policies and procedures and the laws of the community may overlap, they also function independently from one another.

It is illegal and against the policy of Harper College for any student, employee or other person to commit the offense of stalking (when such person transmits a threat with intent to place the victim in reasonable apprehension of sexual assault), sexual assault, aggravated sexual assault, sexual abuse, aggravated sexual abuse, as defined in the Illinois Criminal Code of 1961, 720 ILCS 5/12-7.3, 12-13 through 12-16, against any person while on the Harper College campus, at a College activity, or off-campus if there is a direct relationship between the sexual offense and the College. Such illegal and prohibited activities include, but are not limited to, sex offenses which are commonly called date rape or acquaintance rape, or which may involve unwanted touching or fondling, whether forcible or nonforcible.

In conformance with these Acts, the President of the College shall establish a program and rules to implement this policy. The rules will be delineated in the Administrative Services Procedure Manual, the Academic Affairs Procedure Manual, the Student Affairs Procedure Manual and other appropriate publications.

Rules and Regulations
A. Introduction
These procedures clarify definitions of acquaintance rape and sexual assault, outlines the steps the institution is taking toward education, prevention and treatment, sets forth disciplinary procedures that may occur when acquaintance rape/sexual assault has taken place on the campus and explains resources available to Harper College students who are victims/survivors of acquaintance rape/sexual assault.

B. Definitions
Acquaintance rape is defined as forced, manipulated or coerced sexual contact by someone the victim knows. Under Illinois law, acquaintance rape is a crime—the law makes no distinction between sexual assault by strangers or acquaintances. Any forced sexual conduct including forced touching and fondling is also a crime under Illinois law. Under this law, consent cannot be given by someone under the age of 18, someone under the influence of alcohol or someone who is diagnosed with a mental disability and therefore unable to make a reasonable judgment about the harmfulness of an activity.

C. Reporting Procedures
  1. If any person believes that he or she has been a victim of a sexual offense, such person should report the alleged sexual offense immediately to the Vice President of Student Affairs, a faculty member, administrator or campus public safety. If an employee other than the Vice President of Student Affairs receives a report of a sexual offense, the employee shall report the alleged sexual offense to the Vice President of Student Affairs.
  2. Such person who believes he or she is a victim of sexual offense has the option of also notifying any other law enforcement authorities, including on-campus public safety and local police. The Vice President of Student Affairs shall offer to assist such person in notifying law enforcement authorities, and will assist such person if he or she so requests.
  3. There are no express time limits for initiating reports under this Policy; however, every effort should be made to file such complaints as soon as possible, while facts are known and potential witnesses are available.
  4. The victim of a sexual offense shall make every effort to preserve evidence as may be necessary for the proof of the sexual offense.
D. Notification to Victims of Sexual Offense
Upon receipt of a report of an alleged sexual offense, the Vice President of Student Affairs, or designee shall notify the victim of his or her right:
  1. To report the sexual offense to other law enforcement authorities including on-campus public safety and local police.
  2. To be assisted in reporting the sexual offense to such law enforcement authorities.
  3. To seek the services of existing counseling, mental health, medical or student services for victims of sexual offense, both on-campus and in the community.
  4. To receive assistance in changing academic situations if the victim is a student, and if such changes are reasonably available.
E. Investigation
  1. The Vice President of Student Affairs shall undertake an investigation of all reports of sexual offense or appoint a qualified person (including the campus police) to conduct the investigation.
  2. The accused shall be notified in a timely manner that an investigation is being conducted.
  3. The investigator shall file a written report of his/her findings with the Vice President of Student Affairs and the President within twenty-eight (28) days after the report of a sexual offense has been made. In the event the investigative report cannot be completed within twenty-eight (28) days, the report shall state the reasons for the delay. Both the accuser and accused shall be notified of the finding of the investigation.
F. Disciplinary Procedures
The person accused and found guilty of a sexual offense through the Harper College investigation shall be subject to disciplinary action in accordance with established procedures, which procedures shall provide at a minimum that (1) the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding; and (2) both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding brought alleging a sexual offense.

G. Sanctions
An employee found to have committed a sexual offense against another individual will be subject to discipline, up to and including termination.

A student found to have committed a sexual offense against another individual will be subject to discipline, up to and including expulsion and/or barring the student for re-enrollment in the College. Any other person found to have committed a sexual offense against another individual may be barred from the College campus.

H. Prevention and Education
The Student Development Sexual Assault/Prevention Task Force is dedicated to the prevention of sexual offenses. The Task Force’s goal is to educate and promote awareness of rape, acquaintance rape, and other sexual offenses. In furtherance of this goal, modules have been developed by counselors to address this issue and facilitate discussion in the classroom. The prevalence of the connection between the use of alcohol and other drugs and the occurrence of acquaintance rape is an important part of this discussion. Counselors are available to faculty campus-wide to present these modules which can be modified depending on the classroom subject area.

A fact sheet about acquaintance rape and a list of resources are included in the orientation packets for new students and is available in the Health and Psychological Services and Student Development offices.

I. Services for Victims
On-Campus
Student Development counselors will provide assistance to a victim in changing academic situations after an alleged sexual offense incident if such changes are reasonably available.

The Office of Public Safety is committed to the safety and security of the students and will make appropriate efforts to safeguard the campus.

Off-Campus
CASA-Northwest is a local agency which can provide free counseling and advocacy services to Harper students or employees who are victims/survivors of sexual offenses. The agency is also utilized as a resource for training Harper staff and provides consultation in person or via telephone.