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

Notification

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.

Victim Services

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.

Frequently Asked Questions

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.

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 intervention if it’s safe to do so. Intervention does not have to be physical conflict – it also includes attempting to convince the potential assailant to stop, giving words of caution to a potential victim, making an offer of assistance, removing the victim from a situation or calling 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, terrorist 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.

Simply being in a dating relationship does not mean giving your partner blanket consent, nor does it mean you’ve received blanket consent. Even in a long-term intimate relationship, both partners have the right to say no to any sexual activity at any time for any reason.

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.

Informational Resources and Reporting

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.

Victim’s Rights and Services

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. In addition to the East Orange Hospital, the Family Service League of Montclair NJ is also a major resource. The FSL is the designated Essex County Rape Care Center.

Counseling is available at the College to assist the recovery of victims.