Policy on Sexual Assault
Sexual Assault/Sexual Harassment Policy
The College recognizes that the impact of violence on its victims and the surrounding community can be severe and long lasting. Thus, in accordance with NJ State law, the college has established this Sexual Assault Policy to insure that the needs of victims are met and that the college community supports human dignity.
Unacceptable Conduct and Acts
Acts of sexual assault and non-consensual sexual contact are by any individual not acceptable at Bloomfield College. For the purposes of this policy "sexual contact" means any intentional touching by the victim or actor, either directly or through clothing, of the victim’s or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with himself/herself must be in view of the victim whom the actor knows to be present. "Sexual assault" means any act of sexual penetration with another person under any one of the following circumstances:
- Force or coercion is used to accomplish the sexual contact without the person’s consent.
- The victim is mentally incapacitated by being rendered temporarily incapable of appraising or controlling his/her conduct due to the influence of alcohol, drugs or other substances ingested by or administered to that person with or without his/her consent.
- The victim is physically helpless by unconsciousness, sleep or for any other reason the victim is physically unable to communicate his/her willingness to participate in the act.
- The actor knew or should have known that the victim was mentally incapacitated or physically helpless.
Criminal Sanctions/Disciplinary Action
Students, guests, and employees are expected to abide by all local, state and federal criminal laws. In addition to criminal sanctions and possible liability under such laws for students and employees, acts of sexual assault and non-consensual sexual contact will subject a student to college disciplinary action. Sanctions for students could include dismissal, conduct probation or any other form of the college’s disciplinary sanctions. College penalties and disciplinary procedures are specified in the Code of Student Rights and Responsibilities delineated in the Student Handbook.
In connection with any college disciplinary action, the victims of sexual assault or non-consensual sexual contact will be
- Afforded the same access to legal assistance as the accused
- Afforded the same opportunity to have others present during any campus disciplinary proceeding that is allowed the accused
- Notified of the outcome of the disciplinary proceeding against the accused
The College encourages, but does not require, that any victim of a sexual assault or non-consensual sexual contact notify college personnel and the law enforcement and civil authorities. The College will provide full and prompt cooperation and assistance in notifying the proper authorities. The College also strenuously encourages victims to obtain all necessary medical care and counseling.
Allegations of sexual assaults or non-consensual contact can be communicated to any college Dean, faculty member, administrator, College Chaplain, resident director or resident advisor, security personnel, Counseling Center member or the college nurse. Such allegations can also be reported directly to the law enforcement and civil authorities. The College Counselor is located in the Student Center, Third Floor and can be contacted by telephone at extension 1403. The college nurse is located in the Student Center, 2nd floor and can be contacted by telephone at extension 1360. College security personnel can be reached by dialing "0" or extension 1366. Any allegations of sexual assault or non-consensual sexual contact will be treated seriously by the college and all victims will be treated with dignity.
College-based medical, counseling and other services are available for victims. The full, prompt and victim-sensitive cooperation of the College personnel with regard to obtaining, securing and maintaining evidence, including a medical examination when necessary to preserve evidence of the assault will be provided to all victims. In order to preserve evidence, the College encourages victims not to shower or cleanse in any manner or to change clothes prior to going to the hospital. Counseling is available at the College to assist in the recovery of victims. The College will also take all reasonable and necessary actions to prevent any further unwanted contact of victims by their alleged assailant. The college will also provide assistance in changing academic and living situations if such changes are reasonably available and necessary. Please read the New Jersey Sexual Assault Victims Bill of Rights for more information which is can be found at the top of the page.