2006-2007 Student Handbook - University of the Incarnate Word

Canvassing or solicitation for funds, sales, or subscriptions are prohibited on campus or in universitybuildings unless written permission has been granted.The sale of merchandise of any kind whatsoever, or publications or service on university property,other than by the regularly authorized stores, restaurants, departments or divisions of the university, islikewise prohibited except upon written permission of the Vice President for Academic and StudentAffairs or his/her designee.Any person violating this rule will be subject, upon proper notice, to eviction from campus property orarrest.Section 23Sexual MisconductIntroductionUniversity of the Incarnate Word believes in a zero tolerance policy for sexual misconduct. Members ofthe University of the Incarnate Word community, guests and visitors have the right to be free from sexualviolence. When an allegation of sexual misconduct is brought to the administration, and a accused studentis found to have violated this policy, serious sanctions will be used to ensure that such actions are neverrepeated. All members of the community are expected to conduct themselves in a manner that does notinfringe upon the rights of others. The University of the Incarnate Word Sexual Misconduct Policy hasbeen developed to reaffirm these principles and to provide recourse for those individuals whose rights havebeen violated. This policy has dual purposes. It serves as a measure for us to determine, after the fact, ifbehaviors trespass on community values. It also should serve as a guide for you on the expectations wehave, preventatively, for sexual communication, sexual responsibility and sexual respect.In addition to this UIW policy, students should know that rape is a crime, and should be reported tocivil authorities. Rape is often thought of as a violent attack on a woman by a madman who jumpsfrom the bushes and uses a knife or gun to threaten his victim. But this description does not apply tomost rapes that take place in this country. Ninety percent of university women who are victims of rapeor attempted rape know their assailant; almost half of these rapes are committed by dates orboyfriends. A university student is more likely to be victimized by someone she/he knows, andperhaps trusts, than by someone who is a stranger. Forced intercourse by someone a person knows isdefined as date rape or acquaintance rape. Date rape is just as serious a crime as is rape by a stranger.In both cases, the individual has been violated on the most personal level. In both cases, the personwho has forced the victim is a rapist.Overview Of Policy Expectations With Respect To Physical Sexual MisconductWhile the policy below is quite detailed and specific, the expectations of this community can besummarized in this simple paragraph. In order for individuals to engage in sexual activity of any type witheach other, there must be clear consent. Consent is sexual permission. Consent can be given by word oraction, but non-verbal consent is less clear than talking about what you want and what you don’t. Consentto some form of sexual activity cannot be automatically taken as consent to any other sexual activity.Silence—without actions demonstrating permission—cannot be assumed to show consent. There is adifference between seduction and coercion. Coercing someone into sexual activity violates this policy justas much as physically forcing someone into sex. Coercion happens when someone unreasonably pressuressomeone else for sex. When alcohol or other drugs are being used, someone will be considered unable togive valid consent if they cannot appreciate the who, what, when, where, why, or how of a sexualinteraction. Individuals who consent to sex must be able to understand what they are doing. You will dowell to keep in mind that under this policy, “No” always means “No,” and “Yes” may not always mean“Yes.”79