Sexual Assault and Harassment Policy

Sexual Assault Policy/Antiharassment & Free Speech Policy

Sexual Assault Policy

Sexual assault is any sexual act against any person without effective consent. Effective consent is:

informed;
freely and actively given;
mutually understandable words or actions;
which indicate a willingness to participate in;
mutually agreed upon sexual activity.

The use of alcohol or drugs by the perpetrator does not excuse sexual assault. A person who is physically or mentally incapacitated, as a result of alcohol or other drug consumption, or who is unconscious, unaware, or otherwise helpless, is incapable of giving effective consent.

Consent that is obtained through the use of force or coercion is NOT effective consent. Force may involve:

the use of or display of a weapon;
physical battering;
immobilization, intimidation or other threatening behavior which causes the recipient to fear bodily harm.

Coercion involves:

psychological pressuring;
threats or;
other oppressive behavior used to compel the recipient to submit to an unwanted sexual act.

Sexual assault includes a wide range of sexual acts. Rape is the most serious form of sexual assault. Rape refers to:

sexual intercourse (anal, oral or vaginal),however slight;
with any object;
against any person;
without effective consent.

Any previous social relationship between the perpetrator and the recipient of the unwanted sexual act, including a dating relationship or previous sexual involvement, does not diminish the severity of the act.

In addition, the prior sexual history of either the recipient or the alleged perpetrator is deemed irrelevant and will not be introduced into judicial proceedings. This does not include a finding of responsibility in a prior sexual assault case.

If the alleged perpetrator is found responsible, this information will be introduced prior to sanctioning. Grievance procedures for cases of sexual assault are included in Article V. of the Student Code of Conduct. Consult The Denison University Student Handbook for details on grievance procedures for sexual assault cases.

For information about campus resources for survivors of sexual assault, contact the Director of Women's Programs or a member of the Denison Rape Survivor Advocates.

Antiharassment and Free Speech Policy

In order to protect students, faculty, and staff from discriminatory harassment, Denison adopted an Antiharassment and Free Speech Policy designed to address discriminatory harassment. The following "Introductory Statement Supporting Diversity and Free Speech" summarizes the purpose and goals of the policy:

Denison University ("Denison" or "the University") is committed to maintaining hospitable educational, residential, and working environments that permit students and employees to pursue their goals without substantial interference from harassment. Additionally, diversity of views, cultures, and experiences is critical to the academic mission of higher education. Such diversity enriches the intellectual lives of all, and it increases the capacity of a university to serve the educational needs of its community.

Denison is also strongly committed to academic freedom and free speech. An educational institution has a duty to provide a forum in which free speech and differences of opinion are actively encouraged and facilitated, and where opinions and deeply held beliefs are challenged and debated. Critical to this mission is providing a nondiscriminatory environment that is conducive to learning. Respect for these rights requires that it tolerate expressions of opinion that differ from its own or that it may find abhorrent.

These values of free expression justify protection of speech that is critical of diversity and other principles central to the University's academic mission. However, values of free expression are not supported but are undermined by acts of intolerance that suppress alternative views through intimidation or injury. Yet as members of an institution of higher education, we must stand against any assault upon the dignity and value of any individual through harassment that substantially interferes with his or her educational opportunities, peaceful enjoyment of residence, physical security, or terms or conditions of employment (collectively, "protected interests").

In this spirit, the University adopts an anti-harassment policy that prohibits substantial interference with protected interests, subject to constitutional Imitations. In addition, through the work of the Campus Environment Team ("CET", described in section IV below), the University will take steps to foster an environment in which discriminatory harassment is less likely to occur, an environment that is hospitable to all members of the University community regardless of race, sex, color, ethnic or national origin, religion, age, sexual orientation, disability, or Vietnam-era veteran status (collectively, "protected status"). As used in this policy, the term "race" means any race, "sex" means male or female, "color" means any color, "national origin" means any national origin, "religion" means any religion, and "sexual orientation" means any sexual orientation. The terms "age," "disability" and "Vietnam-era veteran status" are used as defined under the AgeDiscrimination Act of 1967 as amended, the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, and the Veterans Readjustment Act of 1974, respectively, At the same time, the CET will work with others in the University to help safeguard freedom of speech and academic freedom.

Through the efforts of the CET and the many other programs now underway, the University truly hopes to achieve these worthy goals. Ultimately, however, these goals will not be fully met unless every member of the University community takes a personal responsibility for fostering an environment in which diversity can be appreciated and in which all students and employees can reach their fullest potential. No committee or other entity can substitute for the good will, freely given, by the individuals who make up this University.

The complete text of Denison's Antiharassment and Free Speech Policy and Statement of Procedures is located in the Faculty Handbook, the Personnel Policies Handbook for Supportive Operating Staff and The Student Handbook. For information about Advocates for dealing with harassment, contact the Director of Affirmative Action or a member of the Campus Climate Advocates.