Sexual Assault/Aggression and Procedures

Sexual Assault is sexual intercourse or attempted intercourse that is perpetrated against the will of another; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth). The definition applies regardless of whether the assailant is a stranger or an acquaintance. Examples would include, but are not limited to, forced insertion, oral copulation, and rape by foreign object, or sodomy. Violations of sexual assault will subject a student to suspension, dismissal and criminal charges.

Sexual Battery as defined in the Loyola University Student Handbook is the unwanted touching of an intimate part of another person, such as a sexual organ, buttocks, or breast. Violations of sexual battery may subject a student to penalties up to and including suspension, dismissal and criminal charges.

Sexual Harassment as defined in the Loyola University Student Handbook is defined as sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when:

  • Sexual submission is made a term or condition, explicitly, or implicitly of obtaining employment, services, or education.
  • Sexual submission is used as a factor in decisions affecting an individual’s employment, services, or education.
  • Sexual conduct or communication is of such a nature that it creates an intimidating, hostile, or offensive or educational environment.

Sexual harassment may occur within a variety of relationships. These relationships may or may not involve unequal authority, as between supervisors to employees supervised, faculty members to students, residence hall staff to student residents, and student leaders to other students. However, allegations of sexual harassment will be scrutinized, regardless of the relationship of a complainant, to an alleged offender.

All members of the Loyola University community are encouraged to utilize the procedures set forth in the Statement of Policy and Procedures on Sexual Harassment. A complete policy and procedural statement is available in the Office of Student Affairs. Alleged violations of this policy should be addressed to the following individual/office:

Sexual Verbal Abuse as defined in the Loyola University Student Handbook is using language, which is sexual in nature and unwanted on the part of another person. Examples would include, but not be limited to, obscene telephone calls, use of written and/or oral communication, which in the common estimation of persons would be considered obscene messages. Violations of this policy may subject a student to disciplinary action up to and including dismissal from the university.

Procedures

If you are sexually assaulted:

1. Insure your physical safety.

2. Obtain medical treatment. Even if you do not think that you have been physically injured, medical assistance is important for two reasons:
a. to test for exposure to sexually transmitted diseases and internal injuries.
b. to gather physical evidence for use in a criminal investigation. Medical assistance from the Student Health Center and the Medical Center of Louisiana at New Orleans are recommended.

3. Call University Police and/or the New Orleans Police Department or sheriff's office for assistance and to report the incident. Once reported, a full police investigation will follow. Victims may utilize both the university ajudication system and the criminal justice system to confront the actions of the attacker. In the event that the victim is female, all efforts will be made to have a female LUPD officer present upon request.

4. Seek emotional support from friends, relatives, and counselors. Counseling for survivors of sexual assault is available through the University Counseling Center. Additional supports include trained Advocates. University Ministry staff, or community-based centers such as the Metropolitan Center for Women and Children and the Crescent House.

5. Decide if you will file a police report and/or press charges. Although this is always the sole decision of the victim, we encourage you to report the crime. Even if you do not wish to press criminal charges, informing the police/authorities may help them in future investigation and ultimately may protect others from being victimized. The University Police will provide assistance in notifying the appropriate off-campus law enforcement agency and assist in the investigation where possible, if you so choose.

6. Seek assistance from the Office of Student Affairs if you need emergency housing or if you must change your on-campus living arrangements.

7. Contact your dean’s office for assistance with academic problems resulting from the assault.

If you decide to pursue campus disciplinary action:

1. University Police will send a written report of the incident to the Office of Student Affairs. A disciplinary hearing will then be scheduled.

2. Both the accuser and the accused may have an advisor present with them throughout the proceedings.

3. Both the accuser and the accused shall be informed in writing of the outcome of the disciplinary proceedings and the sanction administered, if any, within three (3) working days.

4. An interim restraining order, prohibiting parties involved in the disciplinary proceeding from intentionally contacting, telephoning, or otherwise disturbing the accuser or others specifically named, may be issued by the Vice President for Student Affairs or a designee for a period of no longer than seven (7) days.

5. If this person is found responsible the board will impose sanctions (suspension or expulsion from the university).