Sexual Misconduct Policy

The University of Mary Washington community will not tolerate sexual misconduct in any form, including acquaintance rape and stalking. Nor will it tolerate aiding another in the commission of any form of sexual misconduct. These are serious violations of the Mary Washington Statement of Community Values and constitute violations of University regulations, which are punishable through the judicial system. This policy may apply off campus as well as on if a University of Mary Washington student is involved in such an incident and is attending a University-sponsored event as a student. This policy will also apply in any situation where the University has reasonable cause to believe that the safety and welfare of the University community requires action pursuant to this policy.

Sexual misconduct includes: rape; forcible sodomy; forcible cunnilingus or fellatio; sexual penetration with an inanimate object; fondling or touching an unwilling person’s genitalia, groin, breast or buttocks (covered or uncovered); or forcing an unwilling person to touch another’s intimate parts (genitalia, groin, breast or buttocks). More specifically, sexual misconduct includes acquaintance rape/sexual misconduct, defined as any of the aforementioned acts undertaken by a friend or acquaintance without consent, or when the victim is incapable of giving consent, such as when the victim is physically or mentally incapacitated by alcohol or other drugs. Sexual misconduct occurs when a person is subjected to any of the above acts against his/her will, either by force, threat, intimidation, or through use of the victim’s mental or physical helplessness of which the accused was aware or should have been aware. Aiding another in the commission of any of the aforementioned acts, whether by physical restraint or otherwise rendering a person incapacitated, shall also be a violation of this policy. The recording or broadcasting of sexual activity without the consent or knowledge of parties involved shall be considered a violation of this policy.

Sexual misconduct also includes stalking. Stalking is defined under Section 18.2-60.3 of the Virginia Code and includes any behavior, directed at another person, on more than one occasion, that the actor intends, knows, or reasonably should know, places the other person in reasonable fear of death, criminal sexual assault or bodily injury to that person. Examples of stalking behaviors include but are not limited to the following: non-consensual communication, including face-to-face, telephone calls, voice messages, email, written letters, unwanted gifts, threatening or obscene gesture, pursuing or following, surveillance or other observation, trespassing, vandalism, and non-consensual touching.

Campus Services

A tragic outcome of campus sexual assault is that most students remain silent. In fact, because the act is often perpetrated by a trusted acquaintance, many students do not recognize that they have been assaulted. These silent victims can experience profound and long-lasting changes in their lives—psychologically, socially, developmentally, and academically.

The University of Mary Washington recognizes the need to be responsive to the problem of sexual assault on campus and is committed to providing programs/services that are both educational/preventive, as well as remedial in nature. The goal is to increase awareness and educate the entire campus community as well as to provide an environment which assists the victim in the recovery process.

Educational/Preventive

The University realizes the importance of professionally trained staff and encourages participation in training in sexual assault issues on an annual basis. Residence Life, Psychological Services Center, Health Center, and University Police staffs, in particular, are prepared to respond appropriately in the event of a student assault. They are trained regarding the prevalence of sexual assault, how and where it happens, its impact on the victim, the role of alcohol and drugs, and appropriate action to be taken when an assault occurs. Education for the student body at large is accomplished through the distribution of educational materials; class, organizational, and residence hall programming, including a mandatory first-year program; and special campus-wide events, such as Sexual Assault Month and Alcohol Awareness Week. UMW Police also report incidents of sexual assault according
to the Crime Awareness and Campus Security Act of 1990.

Prosecution Procedures

We strongly encourage students who have been sexually assaulted to report the crime, either for prosecution within the University of Mary Washington system and/or the local justice system. Reporting the assault enhances the victim’s recovery and makes possible the receipt of needed services. Reporting also possibly prevents future assaults on other women/men by the victim’s assailant. A University of Mary Washington student who has been assaulted has the option of prosecuting his/her assailant within the University judicial system. This process is initiated by contacting the CGPS Director of Advising and Student Services. The Director of Advising and Student Services or designee will then initiate the Student Conduct Hearing Board process. This procedure is detailed in the UMW Fredericksburg Campus Student Handbook. The Student Conduct Hearing Board will be trained annually regarding the appropriate handling of sexual assault cases. Throughout the disciplinary process, the victim is assured the following rights:

1. The right to have a person of her/his choice accompany her/him throughout the disciplinary process (including the hearing).
2. The right to have the proceedings remain confidential.
3. The right to be present during the entire proceeding.
4. The right, as established in state criminal codes, not to have her or his sexual history discussed during the hearing, except as it relates to the specific incident in question.
5. The right to relate her/his account of the incident, to question the accused student, and to make a “victim impact statement.”
6. The right to a closed hearing (with the accused present) during her/his testimony.
7. The right to be informed immediately of the outcome of the hearing.

Victims who may have been in violation of the University’s alcohol policy leading up to or during the assault - for example, a victim who was intoxicated - will not be charged with such violations by the University’s judicial system. It is the University’s intention to assist victims in holding their alleged assailants accountable for their actions, and to remove barriers to reporting and adjudicating sexual misconduct.

Students have the option of prosecuting the assailant criminally or civilly instead of, or in addition to, the University of Mary Washington Student Conduct Hearing Board. The University Police Office will assist students in criminal or civil prosecution.