Villanova University
Sexual Assault and Sexual Violence Protocols

Policy Statement

Villanova University seeks to foster and maintain a community of mutual respect and concern for all of its members. There can be no greater violation of the terms of that community, or of the essential dignity of any member of it, than the act of sexual violence. Rape, attempted rape, and other violent sexual crimes constitute the deepest affront to University standards and will be treated accordingly. The University will not tolerate sexual violence in any form.

A student accused of sexual violence can be prosecuted under the Pennsylvania Criminal Code and/or disciplined by Villanova University under the Code of Student Conduct (the “Code of Student Conduct”)  contained in the Student Handbook (the Blue Book) available to all students at www.villanova.edu/studentlife/dean or in hard copy at the Dean of Students Office (610-519-4200). Even if governmental authorities choose not to prosecute, the University can pursue strong disciplinary action through its own channels, whether the sexual violence allegedly occurred on or off campus. Violations of this policy will normally result in suspension or expulsion from the University.

This conduct also constitutes sex discrimination and sexual harassment in violation of Title IX of the Education Amendments of 1972 (“Title IX”).  * See “Title IX Notice” at the end of this Policy.

Definition of Sexual Violence

In general, sexual violence is any physical sexual contact (intercourse, penetration of the genitals, or indecent contact) by a person, without the consent of the complainant (that is, the individual to whom the contact is directed). It includes physical sexual contact that involves any of the following:

1. Forcible compulsion;
2. Threat of forcible compulsion that would prevent resistance by a complainant of reasonable resolution;
3. The complainant is unconscious or the person knows that the complainant is unaware that the intercourse, penetration, or indecent contact is occurring;
4. The person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants, or other means for the purpose of preventing resistance;
5. The complainant is unable to consent due to temporary or permanent incapacity or impairment, mental or physical. "Incapacity or impairment" may include, but is not limited to, being under the influence of alcohol or drugs to a degree which renders the person incapable of consent.

Conduct constituting sexual violence is a crime in Pennsylvania under one or more of the following provisions of the Pennsylvania Criminal Code:

Rape (18 Pa.C.S.A §3121);
Statutory Sexual Assault (18 Pa.C.S.A §3122.1);
Involuntary Deviate Sexual Intercourse (18 Pa.C.S.A. §3123);
Sexual Assault (18 Pa.C.S.A. §3124.1);
Aggravated Indecent Assault (18 Pa.C.S.A. §3125);
Indecent Assault (18 Pa.C.S.A. §3126); or
Indecent Exposure (18 Pa.C.S.A. §3127)

Complete definitions of these crimes can be obtained by contacting the Dean of Students Office or online at http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000.

Procedures to Follow if an Incident of Sexual Violence Occurs

Villanova University is committed to supporting the rights of a person reporting an incident of sexual violence to make an informed choice among options and services available. As detailed below, a person may report sexual violence to local police authorities and/or to Villanova’s Department of Public Safety, which has an investigator designated to respond to such complaints.  Several University departments provide support and valuable assistance to a student reporting sexual violence ("reporting person") including the Holloway University Counseling Center, the Office of Health Promotion, the Center for Campus Ministry, and the Dean of Students Office. The Dean of Students Office and the Director of Residence Life, upon request, will provide assistance to a reporting person in changing academic or living arrangements if these changes are reasonably available.

The use of any of these services is voluntary.

Accessing University Resources for Help and Support

If a student has experienced an act of sexual violence, the first priority should be to get to a place of safety. The University encourages students to seek immediate medical attention from the Student Health Center or the local hospital emergency room. Predatory drug testing is available at either of these locations upon request. Medical attention at the local hospital is needed in order to preserve valuable evidence should the student decide to seek prosecution through the criminal justice system.

Villanova University Department of Public Safety strongly encourages a student who has experienced an act of sexual violence to report the incident in a timely manner by calling Public Safety at (610) 519-4444 or (610) 519-6979, or by going to the Department of Public Safety in Farrell Hall.  Timely reporting is of critical importance, since proof of a criminal offense requires that the local police collect and preserve evidence immediately after the assault that cannot be obtained later (ideally a victim of sexual violence should not wash, douche, use the toilet or change clothing prior to a medical exam).

Public Safety is the University’s first responder to reports of crime on campus and will provide immediate assistance to a person reporting an act of sexual violence. Services available through Public Safety include: emergency response, documentation, on-campus investigation, support, and referral to additional resources and services. Public Safety is not itself a police department; Public Safety will inform the reporting person that the local police department is the vehicle through which a student may pursue a criminal investigation.

Sexual Assault Resource Coordinator

When an act of sexual violence is reported to the Department of Public Safety, an investigator designated by University officials as the Sexual Assault Resource Coordinator will respond and assist by explaining to the reporting person the options that are available, including both on and off campus resources.  This Sexual Assault Resource Coordinator also serves as the University’s Deputy Title IX Coordinator for purposes of receiving complaints of sexual harassment and sexual violence (see “Title IX Notice”).

Resources and Services for Students Reporting Sexual Violence

The primary role of the Sexual Assault Resource Coordinator is to help reporting persons understand, evaluate, and make informed choices among available resources. The Sexual Assault Resource Coordinator will assist the reporting person in seeking services and resources offered through the University or through off-campus service providers.

The resources potentially provided by the Sexual Assault Resource Coordinator include:

• Assistance with emergency rape crisis treatment and emergency medical services, including accompanying the student to the hospital, local police, or the Dean of Students Office.
• Assistance, guidance, and support throughout the University disciplinary process and/or the criminal justice process if the reporting person chooses this course of action.
• Advice and assistance in obtaining a protective order from off-campus authorities.
• Assistance in addressing academic concerns and obtaining academic support.
• Assistance in identifying alternate living arrangements, such as moving reporting person or alleged perpetrator to a different residence hall, if requested and reasonably available. 
• Assistance in contacting other University offices for assistance as appropriate (e.g., Student Health Services, Counseling Center, Campus Ministry, and the Dean of Students Office). See contact list at the end of this Policy.
• Assistance in contacting community resources such as rape crisis centers or support groups, if desired.  See contact list.
• Assistance in contacting the appropriate police department.
• Providing an escort, if requested.
• General support and assistance as needed and requested

Public Safety/Fact Finding Investigations

Typically it is the reporting person’s decision on how to proceed once the incident has been reported to Public Safety.  The University encourages the reporting of sexual violence to local law enforcement but in most cases respects the rights of students to choose whether the police are notified. When requested, investigators from the Department of Public Safety will accompany a student to the police and will assist in filing a report with the police.

An investigation of the incident will not occur without the consent of the reporting person, except in cases where the circumstances suggest a continuing risk to the safety of members of the University community may exist. Likewise, the police will not be called without the consent of the reporting person, absent the determination that an on-going risk exists.  However, if the reporting person requests confidentiality or asks that the complaint not be pursued, the University may take reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation.  See “Confidentiality” below.

The reporting person may choose to pursue criminal prosecution, University disciplinary action, both, or may decide to take no action. The reporting person will be supported in any decisions made regarding whether to pursue criminal or disciplinary action. As stated above, if the University determines there is an on-going risk to the community, or if there are other circumstances deemed appropriate by the University, an investigation may still occur.

The Director of Public Safety or his/her designee will oversee the fact-finding portion of all investigations of reported sexual violence.  The Department is committed to conducting all fact-finding investigations in a thorough, fair and objective manner, respecting the serious and sensitive nature of the incident for all those involved. Throughout this investigation, Public Safety personnel will endeavor to safeguard the confidentiality of both the reporting person and the accused. At the conclusion of a fact-finding investigation, findings are shared with appropriate administrative departments, including those administrative departments empowered to act on violations of University policy.

Procedures for University Conduct Review

Villanova University’s  procedures for student disciplinary action are set forth in full in the Code of Student Conduct which can be found at www.villanova.edu/studentlife/dean or in hard copy from the Dean of Students Office, 213 Dougherty Hall (610-519-4200).  These are also the procedures under Title IX for addressing claims of sex discrimination and harassment, including sexual violence, occurring between students. These procedures are designed to provide for a prompt and impartial response for the resolution of such complaints and remedies for the reporting person in the event an incident of sexual violence is determined to have occurred.  

Under these procedures, the reporting person and the accused are entitled to the same opportunities to present relevant statements  and witnesses during a campus disciplinary proceeding; however, neither is permitted to have others present during the proceeding. Both the reporting person and the accused are informed in writing of the final outcome of the campus disciplinary proceedings brought alleging sexual violence, subject to compliance with applicable federal law. The Code of Student Conduct provides for a disciplinary proceeding before either a Conduct Review Officer or a University Conduct Review Board, depending upon the circumstances. Proceedings are held in University facilities and are not open to the public. The Conduct Review Officer or the University Conduct Review Board, as the case may be, determines by a preponderance of the evidence whether the accused student has violated the Code of Student Conduct.

Should a student be found in violation of the University’s policies on sexual violence, he/she is subject to the full range of sanctions provided in the Code.  In the case of a proven sexual assault, the sanction would normally be suspension or expulsion.

Support for Accused Students

An individual appointed by the Vice President for Student Life will provide support for students accused of sexual violence. This individual may counsel the accused student regarding the campus disciplinary process and answer other questions or concerns that the accused student may have, but does not act as legal counsel. 

Coordination Among University Departments

The Sexual Assault Resource Coordinator supports the efforts of other University departments providing assistance, whether or not the reporting person chooses to speak directly with the Sexual Assault Resource Coordinator or file a report with Public Safety. Any University employee who receives a report of sexual violence shall encourage the reporting person to speak directly with the Sexual Assault Resource Coordinator.  Any University employee to whom an incident of sexual violence is reported should notify the Sexual Assault Resource Coordinator as soon as possible after initial contact with a person reporting sexual violence. Those who have been informed by the Office of the Vice President and General Counsel that they are “campus security authorities” under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) are legally required to report such incidents to the Sexual Assault Resource Coordinator; licensed mental health professionals and pastoral counselors are exempt from this requirement. If the reporting person does not wish his/her name to be reported to the Sexual Assault Resource Coordinator  and/or does not want any investigation into the incident, the reporting person should be asked to document his/her decision (to the University employee) not to have an investigation. In such case, it should be explained that an anonymous sexual violence incident report will be filed with the Sexual Assault Resource Coordinator.

Confidentiality

If a reporting person insists that his or her name or other identifiable information not be disclosed to the accused student, the University will inform the reporting person that its ability to respond may be limited.

If the reporting person continues to ask that his or her name not be revealed, the University will evaluate that request in the context of its responsibility to provide a safe and nondiscriminatory environment for all students.  The University will weigh the request for confidentiality against several factors such as the seriousness of the alleged conduct, and whether there have been other allegations of sexual violence or sexual harassment involving the same individual.

Even if the University cannot take disciplinary action against an accused student because the reporting person insists on confidentiality, it will endeavor to pursue such steps as it deems appropriate in its discretion to limit the effects of the alleged sexual violence and to aid in the prevention of its recurrence.

The names of students reporting an incident of sexual violence are considered confidential and are not released to the general public without the express consent of the reporting person. Any release, alert, or warning to the campus community, when determined by the University to be appropriate under the circumstances, is limited to a brief account of the incident, a description of the assailant when needed to apprehend, and the name of any individual who has been arrested and charged with a crime. 

The services of the University Counseling Center are confidential.

Sexual Violence Education and Prevention Strategies

Villanova University is committed to the prevention of sexual violence through education and awareness. Throughout the year, programs designed to promote sexual violence awareness and prevention are presented by a variety of campus resources including New Student Orientation, Health Promotion, peer educators and other Villanova students, and Public Safety. The University also promotes participation of student groups in prevention activities, through training provided in Residence Life, Athletics, NROTC, and the Office of Fraternity and Sorority Life, among others. Prevention programs stress the added risks involved when the use of alcohol and/or illegal drugs is present. Incoming first year students, as part of their orientation, attend programs that cover the topic of sexual violence given by Public Safety and the Office of Health Promotion.  Flyers about sexual violence are posted in residence halls.  The educational programs review strategies for prevention and inform students of options and resources available should such violence occur.

Alert Notifications

The Clery Act requires that the University issue warnings to the campus community regarding crimes that pose a serious ongoing threat to students and employees in a manner that is timely and will aid in the prevention of similar occurrences. The Department of Public Safety is responsible for evaluating reported crimes to determine if a timely warning is appropriate.  Reported cases of sexual violence may require such a warning if the circumstances of the incident suggest that there is a serious or continuing threat to the safety of the campus community.  Whether to issue such an Alert is considered on a case by case basis and depends upon a number of factors including the continuing danger to the campus community, whether the perpetrator was apprehended and the possible risk of compromising law enforcement efforts.  The University uses various methods to communicate timely warnings, including email messages, NOVA Alert text messages, website postings, broadcast voicemail messages, and flyers. If a timely warning is issued, the Sexual Assault Resource Coordinator will notify the person reporting the sexual violence of the warning and explain the rationale for issuing the warning.  At no time would a timely warning contain a reporting person’s name or any other personal identifying information.

ON CAMPUS VICTIM/WITNESS CONTACT RESOURCES

OFF CAMPUS VICTIM/WITNESS CONTACT RESOURCES

Additional information and contacts can be found here.

Title IX Notice

Title IX of the Education Amendments of 1972 (“Title IX”) prohibits discrimination on the basis of sex in any federally funded education program or activity.  Sexual harassment, which includes sexual violence, is a form of sex discrimination.  As a recipient of federal funds, Villanova University complies with Title IX and has appointed Ellen Krutz, Associate Vice President for Human Resources and Affirmative Action Officer, as its Title IX Coordinator with overall responsibility for Title IX compliance.  Ellen Krutz can be reached at 105 F St. Mary’s Hall, (610) 519-4237, ellen.krutz@villanova.edu.

Any student, employee or applicant for employment or admission to the University who believes that he or she has been discriminated against on the basis of sex, in violation of Title IX, may file a complaint with the Title IX Coordinator or Deputy Coordinator designated below.  The Title IX Coordinator or Deputy Coordinator will assist the complainant in identifying the appropriate University policy (with its grievance procedure) to resolve the complaint in a prompt and equitable manner.  The Policies that will typically apply, based on the nature of the complaint, are listed below; however, the Title IX Coordinator or Deputy Coordinator may assist the complainant in following a different University Policy, based on the individual facts and circumstances of each case.   The Title IX Coordinator or Deputy Coordinator may consult with other Villanova administrators, as needed, to resolve the complaint in the most effective manner.

*Sex discrimination and sexual harassment, which are prohibited under Title IX, also include sexual exploitation or coercion, as that conduct is described in the Code of Student Conduct.