Policy 715: Acquaintance Rape and Sexual Violence Policy

POLICY NO: 715
EFFECTIVE DATE: 10/29/1991

ACQUAINTANCE RAPE AND SEXUAL VIOLENCE POLICY

715.1 INTRODUCTION

The University of Pennsylvania seeks a safe and healthy environment for all community members and visitors. Thus, Penn has developed the following policy on acquaintance rape/sexual violence to set forth definitions, to reaffirm Penn's commitment to providing resources and processes for prevention, education, support, reporting, adjudication, protection from retaliation, and to identify the range of sanctions. The University will also provide multiple access points for collection of information about incidents and a clear process for dissemination of acquaintance rape/sexual violence statistics to the community.

The University needs a specific policy on rape and sexual violence because the prevalence of rape and sexual violence on college campuses is alarming.

Statistics compel universities throughout the country to acknowledge that significant numbers of their members have been raped or will be raped. Given Penn's history of providing national leadership with respect to rape and sexual assault education and counseling, it is timely for Penn to continue this role by adopting a specific policy on acquaintance rape and sexual violence. The personal trauma experienced by the victims/survivors and the nature and consequences of this crime undermine the trust essential to the process of education and the mission of the University. This crime also conflicts with our very basic standards of behavior. Indeed, this form of sexual violence is particularly damaging to our community because victims/survivors often are acquainted with and must continue to interact with their assailants. Moreover, for many men and women it is difficult to define this behavior as rape.

715.2 DEFINITION

Acquaintance rape is a form of sexual violence. For the purpose of this policy, acquaintance rape/sexual violence is defined as any act in which a member of the university community forces another with whom he or she is acquainted to engage in sexual activity against her or his will or without her or his consent. Assent shall not constitute consent if it is given by a person who because of youth, mental disability or intoxication is unable to make a reasonable judgment concerning the nature of or harmfulness of the activity. This policy applies to groups as well as individuals.

715.3 INTERVENTION

The University of Pennsylvania will provide resources to support victims/survivors, will utilize University fact-finding and disciplinary procedures with appropriate jurisdiction, will publish
annual statistics on incidents of acquaintance rape and other forms of sexual violence, and will provide comprehensive education for the prevention of sexual violence including acquaintance rape at the University of Pennsylvania. Incidents reported to the appropriate departments will be addressed promptly and will be treated confidentially. In addition, the University will, as appropriate, inform members of the Penn community when an incident has been so reported. The procedures which implement this policy will take into account the need to investigate charges which may be filed and the right to confidentiality of all involved parties. When appropriate, after an incident occurs, outreach and support to faculty, students and staff affected by the particular incident will be part of Penn's response. This support may include release time, leaves, or other accommodations.

715.4 SANCTIONS

University sanctions will be imposed in accordance with appropriate University processes upon persons found to have violated this policy. These sanctions can include but are not limited to suspension, expulsion, and/or separation from the University. In addition, an individual charged may be subject to prosecution by the Office of the District Attorney under Pennsylvania Criminal Statutes.

In a study of 32 colleges and universities, one in four college women reported being a victim of rape or attempted rape during the preceding year. Eight-four percent of these victims/survivors were
acquainted with their assailants.