Sex Offenses/Sexual Assault
NUMBER: Policy III-4-1
(Formerly Policy III-10)
Students who are alleged to have committed sex offenses (including but not
limited to rape, sodomy, forcible & non-forcible sexual contact, indecent
exposure, simple and aggravated assault) against members of the SDSM&T community
will be subject to investigation and disciplinary measures as outlined in Board
of Regents Policy 1:18 and 3:4.
1.
Procedures to follow if a sex offense occurs:
A.
A student should contact the Rapid City Police. The police will describe
the importance of preserving evidence as may be necessary to the proof of
criminal sexual assault.
B.
A student desiring additional support should contact the:
1)
Hall Director, or
2)
Director of Counseling Services, or
3)
Vice President for Student Affairs and Dean of Students
3.
Sanctions for sex offenses as described above will be determined on a
case by case basis following an on-campus disciplinary procedure, which may
include, but will not be limited to expulsion. Discipline for aggressive
conduct shall be subject to the following conditions.
A.
Discipline on the first occasion may include expulsion where appropriate,
given the nature of the aggressive conduct or harassment.
B.
If there is a second occurrence of an infraction of the same nature at
any time during the student’s career in South Dakota public higher education,
expulsion will be mandatory.
C.
Where the aggressive conduct would constitute a criminal offense under
South Dakota Law, the matter will be reported promptly to local police
authorities. In the case of a sex offense, the victim will be encouraged to
report the offense to the appropriate law enforcement authority, but reporting
will not necessarily be required.
D.
In disciplinary proceedings involving aggressive conduct, or harassment,
a student’s actions while under the influence of alcohol, marijuana, or other
illegal controlled substance will be presumed not to be considered a mitigating
factor.
E.
Intoxication may be considered an aggravating factor in proceedings
involving aggressive conduct or harassment, and it will be so considered where
the student has a history of prior violations of alcohol, marijuana, or other
illegal controlled substance regulations.
3.
On-campus disciplinary action in cases of alleged sexual assault will
follow the aggressive conduct or harassment proceeding with the additional
provision that the accuser and accused are entitled to the same opportunities to
have others present during a campus disciplinary proceeding; and both the
accuser and the accused shall be informed of the outcome of any campus
disciplinary proceedings brought alleging sexual assault.
4.
Students have the option to be assisted by the Vice President for Student
Affairs and the Dean of Students Office in notifying Rapid City Police if the
student chooses to do so.
5.
Educational and Counseling Support:
A.
A sexual assault training program will be given annually to all resident
assistants. Educational programs will also be offered to the campus community.
These educational programs will cover areas such as promotion of awareness of
rape, acquaintance rape, and other sex offenses.
B.
The SDSM&T Counseling Center is available for assistance as are local
counseling agencies, e.g., Behavior Management Systems, and Working Against
Violence, Inc.
C.
The Director of Counseling and Student ADA Services will assist the
victim in changing academic and living arrangements if requested by the victim
and if these changes are reasonably available.
SOURCE: Office of the Vice President for Student
Affairs, Jun. 2003; Office of the Vice President for Student Affairs, Dec. 2009
BOR
Reference: Policy 1:17, Policy 1:18, Policy 3:4
Contact: SDSMT Policy
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