Sexual Assault/Rape Prevention

Reporting Incidents | What To Do If You Are Raped

RAPE
Rape is a first degree felony and is defined as sexual intercourse obtained through forcible compulsion, through the threat of forcible compulsion, when a person is unconscious, when a person is unaware that intercourse is occurring even though conscious (e.g. blacked-out, high, drunk), when a mental disability renders the person incapable of consent, when a person is less then 13 years of age (even if consent is given) or when the offender gets the victim drunk or high for the purpose of preventing resistance without the knowledge of the victim.

SEXUAL ASSAULT
Sexual assault is a second-degree felony; it consists of non-consensual sexual intercourse. Sexual intercourse includes vaginal, anal, or oral sex. There must be some penetration however slight, but ejaculation is not necessary

AGGRAVATED INDECENT ASSAULT
This is a second-degree felony and consists of penetration of the genitals or anus with any part of the offender's body without consent.

INDECENT ASSAULT
The unwanted touching of intimate parts of the body is known as indecent assault. This is classified as a second-degree misdemeanor.

CONSENT

Consent occurs when both parties are fully conscious, mutually participating, have positively and clearly communicated their intent, and are equally free to act (one person is not coerced or physically restrained). Giving consent means seeing your partner as someone who can make a decision, who has choices, and who can say “NO” at any time and have that choice respected.

REPORTING INCIDENTS
Students may report sex offenses for appropriate law enforcement and/or disciplinary action to the following offices:

• Department of Campus Safety
  - Telephone 484-664-3110 for 24-hour emergency assistance.  The officers for the Department of Campus Safety can advise victims of sex offenses about legal reporting requirements and procedures.  You may also notify local police; the Department of Campus Safety can assist you at your request.
• Dean of Students Office
   – Telephone 484-664-3182 for assistance.  The Department of Campus Safety and the Dean of Students Office will conduct on-campus investigations and disciplinary proceedings when applicable.
• Residential Services Staff  
  – Telephone 484-664-3180

All of these reports may be reported for statistical purposes, and in some circumstances, may lead to notification of the College community.

Rape and Sexual Assault can be committed by a stranger, acquaintance, close friend, relative, date, or spouse. Alcohol or other drug use can impair an individual's ability to give consent. Therefore a person whose judgment has been impaired by drugs or alcohol may be incapable of legally recognizable consent. The penalties range from up to two years imprisonment for indecent assault to imprisonment for up to ten years for sexual assault and twenty years for rape, in addition to fine and restitution. The statute of limitations for reporting rape, sexual assault, and aggravated indecent assault is five years and two years for reporting indecent assault.

In addition to the above, Muhlenberg College also prohibits sexual harassment. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature.

Rape is a significant problem on college campuses across the nation, where most victims are acquainted assailants. A major research study has shown that one in eight college women is the victim of rape during college years, while one in four is the victim of an attempted rape. The effects of rape on these student victims can be devastating, creating emotional trauma-related difficulties, consequently, disrupting or ending their academic careers.

Muhlenberg College offers programs and training to promote awareness and/or prevention of rape, acquaintance rape, and other sex offenses. First year student orientation includes a program on sex offenses. During the year, programs on date rape, self defense and assertiveness are offered through formal residence hall programming, through Pledge Plus for Greek students, and at supplemental programs sponsored by Campus Safety and other offices. Training in awareness of, sensitivity to, and procedures to follow upon receiving a report of a sexual offense is provided to appropriate college staff. The OCS also has a safety pamphlet available to all students, which specifically addresses how to report a sexual assault and the assistance available from the OCS and Counseling Center.

The OCS should be contacted to report a sexual assault, although a student may first choose to contact the local police. If Campus Safety is contacted, we will first assure the student's medical and psychological needs are addressed and then assist the student in any further process the student wishes to follow. This might include notification of the local police, as well as medical and counseling professionals. The student will also be provided assistance in changing academic and living arrangements precipitated by the assault if requested by the victim and if the changes are reasonably available.

Muhlenberg College provides four options for reporting a sex offense. An individual may choose to use one or more of the following to report the incident:

• Informal Report of Violation of Students Rights at Muhlenberg. These reports are filed through the Counseling Center and remain confidential and may not lead to formal investigation or disciplinary action. If the College determines an offense filed in this manner may present a threat to the members of the campus community, it may take appropriate steps to investigate and/or report the offense. The number of Informal reports and their nature are reported to the OCS for statistical purposes.
• Jane Doe Report filed with the Campus Safety office. These reports are designed to provide the victim with the opportunity to document the sex offense. These reports do not lead to an investigation or formal disciplinary actions against the offender. The OCS does send notification informing the campus community of these offenses. The victim is advised of the options available to them.
• Formal College Judicial Complaint
  These reports are filed with the Dean of Student's Office and/or Campus Safety. These reports are followed by an investigation and/or formal disciplinary action against the offender.
• Formal Criminal Complaint.
  Filed with the Allentown Police Department.

WHAT TO DO IF YOU ARE RAPED

• Remain calm and alert
• Get to a safe place: your room, a friend's room, your RA's room or the Campus Safety office in Prosser Hall
• Because physical evidence is of the utmost importance:

DO NOT change your clothing
DO NOT shower, bathe or douche
DO NOT apply medication to any injuries you may have sustained unless absolutely necessary
DO NOT disturb anything in the area where the assault occurred, if in an area where you have control
IF you do change clothing, place all clothing worn at the time of the offense in a PAPER BAG, NOT a plastic one

• Make certain to get MEDICAL ATTENTION, even if you need time to deal with the situation before reporting the crime to college officials or to the police
• Call someone to be with you - a friend, sorority sister, a family member - someone with whom you are close.
• Call your local rape crisis center (CRIME VICTIMS COUNCIL OF THE LEHIGH VALLEY 610-437-6611). Many centers have counselors who will accompany you to your medical examination and sit with you while you talk to the police.
• Write down as much as you can remember about the circumstances of the rape and the individual(s) involved

Rape, regardless of the offender, is dehumanizing and can cause a variety of emotional problems. Be sure to seek counseling and emotional support from the college counseling center (x3178), or the local rape crisis hotline (610-437-6611).

The following Pastoral and/or Professional Counselors are available to provide assistance for reports of sex offenses.  These informal reports are designed to be treated with appropriate confidentiality and not to lead to formal disciplinary action against the offender, unless the accuser decides to report the incident as described in the following section.  Reports to pastoral and professional counselors are not required to be reported in the College’s Crime Statistics.  

• Counseling Center
• Health Center
• Chaplain
• Catholic Chaplain
• Sexual Assault Resource Team (SART)
• Hillel Director

The Counseling Center can be contacted for emotional support and counseling on campus. The Counseling Center also works with an on campus Sexual Assault Resource Team (SART) Survivor Support System. Survivors of a sexual assault need support and information about their alternatives for addressing the assault, whether the incident happened recently or many years ago. Friends of survivors may also have questions or concerns about the ways in which they can support the survivor, or they may need to deal with their own issues related to assault. Any member of the Survivor Support System can speak with you by phone or can arrange to meet with you at a mutually convenient time and location. The support member will provide you with information about the alternatives available to you to address health, legal, counseling, and other concerns which you may have and can refer you to additional resources if you need further assistance. Information on SART can be obtained by contacting Counseling Center or through the Counseling Center web page which can be found at http://www.muhlenberg.edu/students/counseling/SART/index.html. For off campus counseling and emotional support contact the Crime Victim Council (a 24 hour hotline) at 610-437-6611.

Individuals alleged to have violated the Sexual Offense Policy would be subject to the Rules and Procedures Governing Alleged Violations of Muhlenberg College's Social Code, which are found in the Student Handbook.

In addition to all other rights afforded to the accused/accuser in all other campus disciplinary proceedings, the following rights are afforded to both the accused/accuser of a sexual offense: entitled to the same opportunities to have others present during a disciplinary hearing; and both shall be informed of the final determination of any campus disciplinary proceeding brought alleging a sex offense and any sanction that is imposed against the accused.  In a disciplinary hearing regarding a sexual offense, the accused and accuser may also request an opportunity to make a statement regarding the impact of the allegations on them and to be separated from each other during the hearing.

Any one or more of the following sanctions (Section IX of Rules and Procedures Governing Alleged Violations of Muhlenberg College’s Social Code) may be recommended for violations of the College's Social Code, including sex offenses:

• Administrative Warning
• Constructive or Educational Task
• Restrictions
• Disciplinary Probation
• Minor Restitution
• Major Restitution
• Suspension
• Expulsion

Muhlenberg College seeks to foster a campus environment that is conducive to its students and staff members' academic pursuits and spirit of community.  Sex offenses seriously disrupt the campus environment and threaten the well being of members of the campus community.

A sex offense is specifically defined as (1) any sexual act directed against another person, forcibly and/or against that person's will or in circumstances in which that person is incapable of giving consent or (2) unlawful, non-forcible sexual intercourse.  Sex offenses include forcible rape, forcible sodomy, forcible fondling, forcible sexual assault with an object, incest, and statutory rape.

Muhlenberg College will not tolerate any conduct that constitutes a sex offense.  In addition to violating Muhlenberg College's Social Code as set forth in the Student Handbook, certain sex offenses constitute violations of state and/or federal criminal law.

Muhlenberg will not tolerate any retaliation against any individual for reporting sex offenses in accordance with this policy.

Muhlenberg College offers programs and training to promote the awareness of rape, acquaintance rape, and other sex offenses. First-year student orientation includes a program on potential dangers in their new community, which includes many types of sexual offenses and the reporting of a sexual offense. During the year, programs on date rape, self-defense and assertiveness are offered through formal residence hall programming, through new member Greek orientation training, and at supplemental programs sponsored by the Department of Campus Safety and other offices. Training in awareness of, sensitivity to, and procedures to follow upon receiving a report of a sexual offense is provided to appropriate college staff.