Sexual Assault Policy FAQ
Where is the College’s Complete Policy on Sexual Assault?
What are VAWA and the Campus SaVE Act?
What Is Sexual Assault?
What is Effective Consent?
Can An Intoxicated Individual Who Is Under The Influence Of Alcohol Be Responsible
For Acts Of Sexual Assault That They Cannot Recall?
How Can I Report Offenses?
What Should I Do If I Observe Sexual Misconduct?
What Is Domestic Violence?
What Is Dating Violence?
What Is Stalking?
What Happens If I Report an Offense?
What Other Resources are Available?
What are Victim’s Right and Services?
Important Phone Numbers
The College’s Policy on Sexual Assault is in the 2014-15 Bloomfield College Policies Brochure on pages 37-49. The Policy is also available on the College Website via the following link at http://www.bloomfield.edu/student-life/safety-security/sexual-assault. The hard copy of the Brochure is available upon request in the Human Resource Office on the second floor of Knox Hall; the Student Center at the CSLE Office and the Wellness Center – both located in Talbott Hall; and in the Central Student Affairs Office at 208 Liberty Street.
The Violence Against Women Reauthorization Act (“VAWA”), which President Obama signed into law on March 7, 2013 imposes new obligations on colleges and universities under its Campus Sexual Violence Act (“SaVE Act”) provision, Section 304. Those obligations require greater levels of clarity about institutional procedures to address sexual assault, as well as the reporting of incidents of domestic violence, dating violence, and stalking, beyond crime categories that the Clery Act already mandates. Colleges are also required to adopt certain student disciplinary procedures, such as notifying purported victims of their rights; and adopting certain institutional policies to address and prevent campus sexual violence, such as training pertinent institutional personnel who handle investigative procedures.
Sexual assault/misconduct means any form of sexual contact with another person without effective consent. Sexual contact means any intentional touching, 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 including sexual contact of the actor with himself if in the view of the victim whom the actor knows to be present. Any act on intercourse of any form without effective consent is a form of sexual assault.
Effective consent is clear, informed, and freely given by both individuals. Silence does not equal consent. It is communicated by mutually understandable words or actions, which indicate a willingness to participate in mutually agreed upon sexual activity by persons of legal age. Consent obtained through coercion, intimidation, force or threat of force against the victim or another is not effective consent. Effective consent may never be given by minors, mentally disabled persons, and those who are incapacitated as a result of alcohol or drug consumption (voluntary or involuntary) or those who are asleep, unconscious, unaware or otherwise mentally or physically helpless. Effective consent to one form of sexual activity cannot imply consent to other sexual acts. A previous relationship or previous consent, including a dating relationship or previous sexual involvement, does not imply consent to future sexual acts. Consent may be withdrawn by either party at any time by an outward demonstration through words or actions to end sexual activity immediately and without question.
Can An Intoxicated Individual Who Is Under The Influence Of Alcohol Be Responsible For Acts Of Sexual Assault That They Cannot Recall?
Intoxication or period of blackout will not be considered as a defense or excuse for acts of non-consensual sexual contact or sexual assault.
There are several options available to victims of dating violence, domestic violence, sexual assault, stalking, or other sexual misconduct. The victim may report the crime directly to the Bloomfield Police Department. The College’s Human Resource or the Office of Student Affairs can assist with this process. Students may also report the incident to a “responsible employee”. A “responsible employee” is a College employee who has the authority to redress sexual violence, who has the duty to report incidents of sexual violence or other student misconduct, or who a student could reasonably believe has this authority or duty. A responsible employee is a College Dean; Department Director or Manager; Faculty or Instructors; or a Public Safety/Security Officer. These individuals will guide students through the internal administrative disciplinary process and/or the external process.
If you observe dating violence, domestic violence, sexual assault, stalking, or other sexual misconduct, we strongly encourage immediate upstander/bystander intervention. Intervention includes simple statements, words of caution, offers of assistance, removing someone from a situation, or calls for assistance.
We encourage members of the College community to immediately seek assistance from Bloomfield College Security, the Office of Student Affairs, and/or Human Resources when confronted with an act or potential act of sexual violence/misconduct. If off-campus, members of the College community should immediately seek assistance from a person in authority or law enforcement.
Domestic violence involves a variety of serious offenses, including acts of violence, which are committed against someone by his or her current or former spouse or intimate partner, by a person with whom the parties have a child in common, a current or former cohabitant, or by someone who is similarly situated, such as person in a relationship or children with respect to their parent or guardian. Under New Jersey criminal law, domestic violence can include acts such as homicide, assault, terroristic threats, kidnapping, criminal restrain, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment and stalking.
Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or sexual nature with another. It is determined based on the reporting party’s statements, and in consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It can include a pattern of behavior where one person threatens to use, or uses, physical, sexual, verbal or emotional abuse to control a dating or sexual partner.
Stalking is a consistent pattern of conduct or outreach directed at a specific person on at least two or more occasions that would cause the targeted individual to fear for her, his, or another’s safety, or to suffer substantial emotional distress. Stalking behaviors can be direct or indirect, accomplished through multiple means such as: in person, via social media, phone, email, regular mail, or through third parties. The type of actions that can constitute stalking include: following another; showing up uninvited at another’s home/classroom/workplace/vehicle or expected location; monitoring another; surveillance of another; threatening another; communicating with another or by interfering with another’s property or activities.
Step 1: The College will make every efforts to assure the safety of the victim or the person(s) making the report; and provide all the supportive resources available (medical attention, personal counseling; referrals, etc.). The Victim reserves the right to accept or reject offered services along with any recommendations to report criminal offenses to law enforcement. The College’s HR Department or the Office of Student Affairs will provide assistance with the report and initial steps to preserve evidence. Additional resources are listed at the end of this document.
Step 2: The College will implement remedial measures to prevent incidents of sexual assault/misconduct, retaliation and confrontations during and after the investigation. Once a complaint has been received, the College will promptly notify the victim of his or her options to avoid contact with the alleged perpetrator during the investigation and change academic, extracurricular activities, living, transportation, dining and working situations as appropriate.
Step 3: The College will begin a preliminary investigation immediately after confirming the intention of the complainant to proceed with the case. In some circumstances whereby the safety of others and the community is of concern, the College will proceed with a full investigation and take all necessary actions to protect the College Community. All other procedures in the Sexual Assault Policy will be followed.
College Media Center, lower level of the Library, provides an excellent video on Sexual Harassment in the workplace and classroom. It takes approximately 20 minutes; you may borrow the video for home viewing or use the library viewing room. If you have any questions, contact x1370 for information.
The College offers mandatory online sexual harassment training for all employees. Students are offered several on-campus training programs/forums on sexual harassment and sexual assault/misconduct.
Online sexual assault/misconduct training will be available to all students and employees through United Educators. Please see important links to access training.
Campus Conduct Hotline© -- Dial toll-free to 866.943.5787. Available for use 24 hours per day, seven days a week. Because the Hotline is operated by an independent organization, any calls made through this Hotline are completely confidential and anonymous. Issues that may arise that can be reported include: discrimination, fraudulent activity, harassment, hate messages, hostile workplace, illegal business activity, NCAA violations, safety and security issues and bullying.
BC TIPS Line: 973-748-9000, ext. 1466 – another source to report anonymous information is the BC Tips Line that is maintained by the BC Office of Security.
The victims of sexual assault/misconduct or unwelcome/non-consensual sexual contact will be:
- afforded the same notification of legal rights as the accused;
- afforded the same opportunity to have others present during any campus disciplinary proceeding that is allowed the accused with exceptions to conflicts of interest circumstances;
- notified immediately, simultaneously and in writing of the outcome of the disciplinary proceeding against the accused; appeal procedures; any change to the result before it becomes final; and when the result becomes final. Note that the accused is entitled to these same rights.
Regardless of whether the alleged crime is formally reported to campus or civil authorities, the College’s medical, counseling and other services are available for victims. The full, prompt and victim-sensitive cooperation of the College personnel with regard to how to obtain, secure and maintain 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; urinate, brush teeth or gargle, eat, drink, smoke or change clothes prior to going to the hospital. Evidence can be collected up to five days after the incident. The East Orange Mobile Crisis Unit is available for assistance and can be telephoned at 973-266- 4478. That unit is able to send a crisis worker to talk to any victim and transport him/her to the East Orange General Hospital Emergency Room, if desired by the victim. Counseling is available at the College to assist the recovery of victims. In addition to the East Orange Hospital, the Family Service League (FSL) (http://www.familyserviceleague.org/) of Montclair NJ is also a major resource. The FSL is the designated Essex County Rape Care Center.
For additional information about sexual assault victims rights, please review the New Jersey Sexual Assault Victim’s Bill of Rights found at http://www.bloomfield.edu/sites/default/files/sexual-assault-victims-bil....
* Main Phone Number . . . . . . . . . . . . …………. (973) 748-9000
* Personal Counselor . . . . . . . . . . . . . . . . . ……... ext. 1403
* Health Services Officer. . . . . . . . . . . . . . . . …... ext. 1360
* Residential Education and Housing . . . . . . . … ext. 1247
* Chaplain . . . . . . . . . . . . . . . . . . . . . . ………… ext. 1393
* Security. . . . . . . . . . . . . . . . . . . . . . ………….. Dial 0 or ext. 1366
* Mountainside Hospital, Montclair . . . . . ………. (973) 429-6000
* Clara Maass Medical Center, Belleville . . . …… (973) 450-2000
* Columbus Hospital, Newark . . . . . . . . ……….. (973) 268-1400
HIV Testing (Confidential)
* East Orange Primary Care . . . . . . . . . . ……….. (973) 675-1900 444 William Street, East Orange
* Planned Parenthood . . . . . . . . . . . . ………….. (973) 622-3900
* Birthright . . . . . . . . . . . . . . . . . . . …………….. (973) 743-2061
* East Orange Crisis Intervention . . . . . . …........ (973) 672-9685
* Community Health Care Counseling for Belleville, Bloomfield and Nutley . . ……. (973) 450-3100
* Safe House – shelter, counseling,
* Housing and legal advocacy . . . . . . . …………. (973) 759-2154
* Essex County Family Violence Program. . ………. (973) 484-4446
* Domestic Violence Services for
* Men Who Batter –UMDNJ . . . . . . . …………. (973) 972-6421
* NCJW Center for Women . . . . . . . . . . ………….. (973) 994-4994
* NJ Coalition for Battered Women/ Lesbian Helpline . 1(800) 224-0211