Sexual Misconduct Policy

Statement and Intent of Policy

Under Title IX, and as a standard for the Student Code of Conduct, the American Medical Sciences Center will not tolerate and prohibit sexual assault and all forms of sexual misconduct, including intimate partner violence, stalking, dating violence, sexual violence, sexual harassment, and domestic violence offenses. These acts are also against California State Law.

The College does not intend to substitute or supersede related civil or criminal law in publishing this policy. It should be clearly understood that there is a fundamental difference between the nature and purpose of student discipline and criminal law. California State Law considers gross sexual assault and unlawful sexual contact to be serious crimes that are punishable by imprisonment in jail or probation. It also involves the creation of a criminal record and may include a monetary fine. All students, faculty, and staff, as well as members of the public participating in College activities, have the right to an environment free from sexual or physical intimidation that would prevent a reasonable person from attaining educational goals or living and working in a safe environment.

If there is reason to believe that AMSC campus regulations prohibiting sexual misconduct in any form have been violated on campus, off campus, in person, and even online, the administration will pursue disciplinary action through the appropriate College procedures. This includes any online postings or other electronic communication, including cyber-bullying, cyber-stalking, cyber-harassment, etc., occurring entirely outside of the College’s control (e.g., not on college networks, websites, or between college email accounts). Regardless of where the violation occurred, the College discipline process will be conducted consistently in the same manner. AMSC complies with its obligation to investigate and resolve reports of all forms of sexual misconduct regardless of whether a formal complaint is filed. This policy is intended to provide more detailed information about how AMSC handles these matters and is not intended to replace the AMSC Student Code of Conduct or AMSC Sexual Harassment Policy.

Definition of Various Terms of Sexual Misconduct

1. Sexual Assault:

Sexual assault is a general term that covers a range of crimes. For this statement by the College, “sexual assault” includes, but is not limited to, rape, acquaintance rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault. Rape is generally defined as forced or nonconsensual sexual intercourse. Nonconsensual sexual intercourse may take many forms including, but not limited to, rape by a stranger, or an acquaintance, while on a date; rape by multiple perpetrators (often referred to as “gang rape”); and may occur both on and off campus. Rape may be accomplished by fear, threats of harm, or actual physical force. Rape may also include situations in which penetration is accomplished when the victim is unable to give consent or is prevented from resisting due to being intoxicated, drugged, unconscious, or asleep. It also includes various types of unwanted sexual touching or penetration without consent. Sexual assault includes forced sodomy (anal intercourse), forced oral copulation (oral-genital contact), rape by a foreign object (including a finger), and sexual battery, the unwanted touching of an intimate part of another person for sexual arousal.

1. Intimate Partner Violence:

This term is defined to mean any physical, sexual, or psychological harm against an individual by a current or former partner or spouse of the individual. It would include rape, acquaintance rape, stalking, dating violence, sexual violence, or domestic violence. Sexual Harassment:

Sexual harassment is a form of sex discrimination and a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972. Sexual harassment has two key categories: quid pro quo (loosely translated as “this for that”) and hostile environment. Often, sexual harassment involves relationships of unequal power and contains elements of coercion, as when compliance with requests for sexual favors becomes a criterion for granting work, study, or grading benefits. However, sexual harassment may also involve relationships among equals, as when repeated sexual advances or demeaning verbal behaviors harm a person’s ability to study or work in an academic setting. In compliance with federal and state law, AMSC defines sexual harassment as follows: “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: Submission to such conduct is made either explicitly or implicitly as a term or condition of instruction, employment, or participation in other College activity; Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual; or Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive College environment.”

1. Sexual Exploitation:

Sexual Exploitation occurs when a person takes non-consensual, unfair, or abusive sexual advantage of another for their advantage or benefit or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include but are not limited to prostituting another student, non-consensual video or audio-taping of sexual activity, presentation or unauthorized viewing of such recordings, going beyond the boundaries of consent (such as letting your friends watch you having consensual sex without the knowledge or consent of your sexual partner), and knowingly transmitting an STD or HIV to another student.

1. Consent:

“Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is given by both parties to sexual activity. Moreover, it is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. Any consent that is given is invalid when the exchange involves unwanted physical force, coercion, intimidation, and/or threats. If an individual is mentally or physically incapacitated or impaired such that one cannot understand the fact, nature, or extent of the sexual situation, and the incapacitation or impairment is known or should be known to a reasonable person, there is no consent.

1. Sexual Violence:

A term that is used to refer to physical or sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual also may be unable to consent due to an intellectual or other disability.

1. Stranger Rape:

Rape perpetrated by someone unknown.

G. Acquaintance Rape:

The most prevalent form of sexual assault on a College campus is between two people who know each other. The acquaintance may be a date, partner, or someone known casually from a residence hall, class, club, or through mutual friends.

H. Bystander Intervention:

A course of action that an individual may carry out to prevent harm or intervene where there is a risk or an act of violence.

What to Do If You Are a Victim of Sexual Misconduct

Any individual who is a victim of sexual misconduct is strongly encouraged to reach out immediately to someone s/he trusts, such as a family member, friend, or campus counselor, for support. Experiencing sexual misconduct is not only challenging but can be very confusing. Resources are available on and off campus to the victim to provide the support s/he needs and help cope with the difficulties. Recognizing that victim’s response to sexual misconduct may differ if you have been physically assaulted or raped, there are other necessary steps you can take right away:

• Go to a safe place.
• Do not hesitate. If on campus, contact appropriate authorities, and if during off hours, call 911.
• Call a friend, a campus advocate, a family member, or someone else you trust, and ask them to stay with you.
• The victim must preserve the evidence if they intend to pursue criminal charges. Do not shower, bathe, douche, or brush your teeth, and save all clothing worn at the time of the assault. Put each item of clothing in a separate paper bag. Do not use plastic bags. Do not disturb anything in the area where the assault occurred.
• Go immediately to see medical personnel at the local hospital emergency department. If you suspect that you may have been given a rape drug, ask the hospital or clinic where you receive medical care to take a urine sample. The urine sample should be preserved as evidence. Rape drugs,  such as Rohypnol and GHB, are more likely to be detected in urine than in blood.
• If you have not seen the medical personnel at the time of the complaint, you are immediately advised to do so. The College will provide transportation to the hospital if needed.
• Write down as much as you can remember about the circumstances of the assault, including a description of the assailant.
• Talk with a counselor who is trained to assist rape victims about the emotional and physical impacts of the assault. You can call a hotline, a rape crisis center, or a counseling agency to find someone who understands the trauma of rape and knows how to help.

Reporting

AMSC strongly encourages individuals to report all incidents and violations of this nature to the Office of Associate Director, law enforcement officials, or a College official for these incidents to be addressed appropriately and for victims to avail themselves of all the services and rights to which they are entitled. Any member of the AMSC community can file a report with the Office of Associate Directory. At AMSC, all AMSC’s faculty and staff*, except for the counselor, are designated as ‘responsible employees. This means that if a student or any member of the AMSC community reveals potential sexual misconduct/Title IX violations to any AMSC staff or faculty, it is the responsibility of that staff or faculty to report the incident immediately to the Associate Director/Title IX Deputy Coordinator who will then take appropriate actions. If a student wishes to discuss the incident confidently, s/he should report to the Associate Director. In addition, the victim’s right is to notify law enforcement and be assisted by College officials. Thus, it is the victim’s right to decide whether or not to involve law enforcement. Declining the involvement of law enforcement does not prevent the victim from receiving assistance from the College. A victim also has the right to use the College’s procedures and file a criminal complaint. Regardless of whether or not a student reports an incident, AMSC strongly encourages students to at least meet with our campus counselor. All conversations with AMSC’s Counseling Services are held strictly confidential.

Reporting Timeframe

Any individual may file a complaint of sexual misconduct at any time. Early reporting is encouraged to preserve evidence if necessary and provide the victim with information regarding rights, options, and resources available to them by this policy and federal/state laws. However, all complaints will be taken seriously and investigated no matter how much time has passed since the incident.

Reporting Options

1. Official Reporting All AMSC students are strongly encouraged to make an official report of any incident of sexual misconduct to the Office of the Associate Director, whether the incident occurred on or off campus. All AMSC’s staff and faculty (except for the staff of Counseling Service), including resident assistants, are required to promptly report to the Office of Associate Director information they have about possible sexual harassment or sexual misconduct, including but not limited to sexual assault, domestic or dating violence, and stalking. The complaint/report can be filed directly to the Associate Director via a written statement or an appointment. Once a complaint/report has been submitted, the Associate Director will conduct intake interviews and fact-finding interviews with appropriate parties. Each complaint will be investigated promptly, and appropriate corrective actions will be taken.

1. Confidential Disclosure

AMSC also offers confidential reporting through Counseling Services to:

1. Weigh options and associated risks.
2. Discuss possible next steps.
3. Obtain information about available resources and services.

No one is expected or required to pursue a specific course of action with this option.

Medical Amnesty Clause: The AMSC Administration offers immunity (Amnesty) to students who may have violated the Code of Conduct’s Alcohol or Drug Policy at the same time of the incident when he or she became a victim of or is reporting sexual misconduct. Therefore, no alcohol or drug violations are applied to a student who reports that they were under the influence of alcohol or drugs at the time of sexual misconduct.

The purpose of this clause is to encourage reporting. Victims or bystanders (witnesses) should not let their use of alcohol or drugs be a deterrent to reporting an incident. When conducting the investigation, the College’s primary focus will be on addressing the sexual misconduct violation and not on alcohol/drug violations that may be discovered or disclosed. However, the College may provide counseling referrals and require educational options rather than disciplinary sanctions in such cases.

Bystander Intervention: The reporting mentioned above options are also available for bystanders. These are safe and positive options for bystanders who intervened during an incident to prevent harm when there was a risk or an act of violence. AMSC strongly encourages bystanders to step up for another person’s well-being and safety.

Contact Information: LA County Sex Crime Division

Rights of the Person Accused of Sexual Misconduct

The student accused of sexual misconduct (the respondent) may be assured that:

• All sexual misconduct cases will be treated seriously.
• The respondent will be treated with dignity and respect and in a non-judgmental manner.
• The respondent will be advised of on- and off-campus organizations and services that may be of assistance.
• College personnel will cooperate in investigating the case fully for the legal and Student Conduct & Resolution process.
• The respondent will be informed of available counseling and psychological services.
• Respondents are informed that they are entitled to be accompanied to any related meeting or proceeding by an advisor of their choice, knowing that the victim is also provided with the same opportunity to have others present during any proceeding.
• Respondents are informed that they are entitled to receive, in writing, the final results of the Conduct & process within one business day of the such outcome being reached.

Victim’s Rights Provisions

It is AMSC’s responsibility to assure students who report an incident of sexual misconduct that:

• Victims will have the opportunity to request prompt proceedings, and a fair and impartial investigation and resolution will occur.
• College officials will treat the incident seriously, and the incident will be investigated and adjudicated by appropriate College officials.
• Proceedings shall be conducted by officials trained on sexual assault and other intimate partner violence issues. And shall use the preponderance of the evidence standard (which is “more likely than not” and the standard used by civil courts in the United States).
• Victims will be treated with dignity and respect and in a non-judgmental manner.
• College officials will inform victims of their option to notify appropriate law enforcement authorities, including on-campus security and local police, and offer assistance in notifying proper authorities when an individual discloses an incident of sexual misconduct.
• College personnel will not discourage anyone from reporting nor encourage them to underreport or report the incident as a lesser crime.
• College personnel will cooperate in obtaining, securing, and maintaining evidence (including a medical examination) necessary in legal/criminal proceedings.
• College officials will prohibit retaliation, take steps to prevent it, and take decisive, responsive action if it occurs. They will also follow up with complaints to determine whether any retaliation or new incidents of harassment have occurred.
• Victims will be provided with information on available services for mental health, victim advocacy, legal assistance, and other available community resources on and off campus.
• Victims can obtain no contact/restraining orders to prevent unnecessary or unwanted contact or proximity to an alleged perpetrator when reasonably available.
• Victims will be allowed to request immediate off-campus housing relocation or other steps to prevent unnecessary or unwanted contact or proximity to an alleged perpetrator when reasonably available.
• Victims are informed that they are entitled to be accompanied to any related meeting or proceeding by an advisor of their choice, knowing that the respondent also has the same opportunity to have others present during any proceeding.
• Victims are informed that they are entitled to receive, in writing, the final results of the Conduct & Resolution process within one business day of the outcome being reached.

DISCIPLINARY PROCEDURE

The victim’s right is to notify law enforcement and be assisted by College officials. Thus, it is the victim’s right to decide whether or not to involve law enforcement. Declining the involvement of law enforcement does not prevent the victim from receiving assistance from the College. A victim also has the right to use the College’s procedures and file a criminal complaint.

A student accused of sexual misconduct may be prosecuted under the California Criminal Justice System and disciplined through AMSC Student Conduct & process. Even if the criminal justice authorities choose not to prosecute, the accused may be subject to College disciplinary action. The College Student Conduct & Resolution process should be considered distinct and independent of any criminal procedures. The student Conduct  & Resolution process may precede, coincide with, or follow court action. If the College’s Student Conduct process follows court action, the court proceedings or verdict may be considered in the Student Conduct & process. 

The process shall be conducted by officials trained in all forms of sexual misconduct. Moreover, they shall use the preponderance of the evidence standard (which is “more likely than not” and the standard used by civil courts in the United States). When necessary, temporary action may be taken by the College by suspending or restricting the accused or officially requesting no contact between the complainant and the respondent. Any of these measures may result in the accused student’s restricted access to the College or participation in College events, such as class attendance.

Disciplinary Action:

Any student found by the Office of Associate Director to have committed sexual misconduct may be subject to severe disciplinary sanctions, including suspension or dismissal from the College. For information regarding the range of possible sanctions that may be imposed following an institutional disciplinary procedure, please refer to the AMSC ‘s Student Conduct Policy in the College Catalog or College website. The College recognizes that sexual misconduct violations are not the fault of the individual filing the complaint. The College intends to encourage the report of sexual misconduct. Therefore, the College generally does not intend to hold complainants accountable for student code of conduct violations that may have occurred along with sexual misconduct violations. The College will use discretion to ensure the complainant’s rights are preserved.

The college is aware that members of the college community may wish to express their personal ideas, thoughts, and opinions through their private social media accounts (not administered by the college). Nevertheless, students are expected to conduct themselves professionally at all times. The College reserves the right, under circumstances it deems appropriate and subject to applicable laws and regulations, to impose disciplinary measures, including dismissal from the College for students who use social media in violation of the guidelines in the policy in ways that reflect poorly on the College or interferes with the education of other students or the operations of the College. The conduct may also be reported to law enforcement authorities in appropriate cases. 

Conducts listed below are prohibited:

• Using social media to harass, threaten, insult, defame, or bully another person or entity.
• Making threats of injury to any person (student or staff, board member, or family member, etc.).
• Making comments that insult, disparage, disrespect, or defame the college or its community members.
• Making discriminatory or harassing comments that violate federal or state law or would be prohibited by the college’s anti-discrimination/anti-harassment policy or Title IX policy  
• Violating any intellectual property law, such as copyright, trademark, fair use, or financial disclosure law.
• Posting copyright content (such as text, video, graphics, or sound files) without permission from the holder.
• Posting trademark content (such as logos, names, brands, symbols, and designs without permission from the trademark owner.
• Posting a photograph or video image of a student, faculty, or staff member without permission.
• Posting images or comments which are vulgar, obscene, or would otherwise violate any applicable law.
• Appeals: Both the victim/complainant and the accused student have a right to an appeal. Please refer to the Appeal Process in AMSC’s College Catalog.