Sexual assault is a general term, which covers a range of crimes including rape. As defined under California law, rape is non consensual sexual intercourse that involves the use of force, violence, or immediate and unlawful bodily injury, or if the person is incapable of giving consent because he/she is incapacitated from alcohol and/or drugs, or if a mental disorder of developmental or physical disability renders the victim incapable of giving consent. To be consensual there must be positive cooperation and the person must act freely and voluntarily (Penal Code 261.6). Whether the perpetrator is a stranger, acquaintance or friend is irrelevant to the legal definition of rape. According to Education Code 67385(d), sexual assault includes, but is not limited to rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.

A resident, who is charged with committing a sexual assault can be prosecuted under California criminal statutes, disciplined under the campus student discipline procedures and/or be the subject of a civil suit.

If you believe that you have been sexually assaulted you have several options:

• Report to the police and file charges

• Report to the police and not file charges

• File a civil suit

• Request disciplinary options, which may include alternative housing arrangements and interim suspension

• Obtain a restraining order

• Seek counseling and/or medical attention

• Request mediation services

Note: More than one of the options may be followed.

You may contact Residence Life staff who can assist in reviewing these options and in seeking care.

Should you choose to pursue formal action through the campus disciplinary process, you as the victim will have the following rights:

• The right to a closed hearing

• The right to confidentiality.

This protocol is developed in order to assist sexual assault survivors with treatment, counseling and referral, and is not intended as an investigative process pursuant to initiating legal or disciplinary sanctions. All personally identifiable information gathered pursuant to these protocols are confidential and may not be released without consent of the person identified by the release of information unless required by law or court order.

A Sexual Assault Resource Person (SARP) or the Coordinator of the Rape Prevention Education Program will give you the support, explain what is involved in each of these options and help you choose which action is comfortable for you. The SARP of your choice will also be able to inform you about other campus and community services which could be of assistance. You will not be forced into any option that is not of your choice.

A list of Sexual Assault Resource Persons is available in the Gender Education and Resource Center; Campus Police Station; Counseling Center; Health Services; Ombudsman and Affirmative Action Offices; Campus Life and Leadership; and the offices directing Housing