Page 18 - Demo

18Nonforcible sex offenses are acts of %u201cunlawful, nonforcible sexual intercourse,%u201d and include incest and statutory rape. Depending on the circumstances, acquaintancerapecouldbeineithercategory.Asusedinthispolicy,theterm%u201csexualassault%u201dis generally descriptive of conduct specifically prescribed as rape, carnal abuse, sexual misconduct,sexualabuseandsodomyunderArkansasCodeAnnotated 5-14-101through123.STUDENTLIFEDISCIPLINARYSANCTIONSSexualAssaultForcibleandNon-ForcibleSexOffenses:UA-PTCwillnottoleratesexualassaultin any form, including rape and acquaintance rape. A student or employee charged with sexual assault can be prosecuted under Arkansas criminal statute and/or disciplined by the college.Even if criminal prosecution is not pursued, the college can pursue disciplinary action. Where there is probable cause to believe that the campus regulations prohibiting sexual assault have been violated, the campus will pursue strong disciplinary action through its own internaljudicial channels. This discipline includes, but is not limited to, the possibility of termination, expulsion,suspension,disciplinaryprobation,counseling,mediationoreducationalsanctionsor a combination. Any conduct that constitutes a sexual offense under Arkansas law shall also be subject to disciplinary sanctions under this policy.SEXUALASSAULTVICITIMSRIGHTSAs a victim, an individual has the right to file criminal charges with local law enforcement authorities and, upon request, is entitled to assistance from the college in notifying the local law enforcement authorities. The Dean of Students and/or Human Resources staff will explain howtousethecollegeinternalcomplaint process.An individualhastherighttofile a complaint with the college and have a sexual assault complaint investigated by the College and the rightto participate in any disciplinary proceedings regarding the sexual assault complaint. If the individual wishes, two nonparticipating support persons may be present at such proceedings. The person accused may also have a representative present at such proceedings. The college will notify the individual as to the outcome of any disciplinary proceeding regarding the complaint subject to limitations of state and federal laws relating to data privacy practices. The person accused will also be notified of the outcome of such proceedings. The college will cooperate with law enforcement authorities in obtaining, securing and maintaining evidence in connection with the sexual assault incident.