Campus Sexual Assault/Victim’s Bill of Rights

Warren County Community College is committed to maintaining an academic/work environment for all students, faculty, and staff that is free from sexual assault and nonconsensual sexual contact. Any allegation of sexual assault and non-consensual sexual contact will be treated seriously. Such behavior or threat thereof shall not be tolerated. Full assistance and prompt cooperation will be provided in notifying the proper criminal and civil authorities. The College will adhere to the directives of the law enforcement agency responsible for the sexual assault investigation. In addition, any student, faculty, staff, or administrative employee of the College determined to have violated this policy will be subject to immediate and appropriate disciplinary sanctions.

Anyone who has been the victim of a sexual assault, attempted sexual assault, or nonconsensual sexual contact on the WCCC campus should immediately contact the Human Resources Officer. He/she can provide supportive intervention, including information and referral for contacting the police, obtaining appropriate medical care, preserving evidence for possible criminal prosecution, obtaining a temporary restraining order, and contacting the available counseling and support services within the community.

Counseling, on-going support, and information about College disciplinary action may be obtained through the Office of Student Services. In addition, the victim of such an assault may request changes as needed, in his/her academic circumstances (i.e. course section, credit load). All requests considered to be reasonable will be implemented promptly.

All interventions shall be made in accordance with The Campus Sexual Assault Victim’s Bill of Rights as adopted by the New Jersey Commission on Higher Education in October 1995 as described below.

A college or university in a free society must be devoted to the pursuit of truth and knowledge through reason and open communication among its members. Academic communities acknowledge the necessity of being intellectually stimulating where the diversity of ideas is valued. Its rules must be conceived for the purpose of furthering and protecting the rights of all members of the university community in achieving these ends.

The boundaries of personal freedom are limited by applicable State and Federal laws and institutional rules and regulations governing interpersonal behavior. In creating a community free from violence, sexual assault and non-consensual sexual contact, respect for the individual and human dignity are of paramount importance.

The State of New Jersey recognizes that the impact of violence on its victims and the surrounding community can be severe and long lasting. Thus, it has established this Bill of Rights to articulate requirements for policies, procedures and services designed to insure that the needs of victims are met and that the colleges and universities in New Jersey create and maintain communities that support human dignity.

Bill of Rights

The following Rights shall be accorded to victims of sexual assault that occur:

• on the campus of any public or independent institution of higher education in the State of New Jersey, and

• where the victim or alleged perpetrator is a student at that institution, and/or

• when the victim is a student involved in an off-campus sexual assault.

Human Dignity Rights:

• to be free from any suggestion that victims must report the crimes to be assured of any other right guaranteed under this policy

• to have any allegations of sexual assault treated seriously; the right to be treated with dignity

• to be free from any suggestion that victims are responsible for the commission of crimes against them

• to be free from any pressure from campus personnel to:

a) report crimes if the victim does not wish to do so

b) report crimes as lesser offenses than the victim perceives the crime to be

c) refrain from reporting crimes

d) refrain from reporting crimes to avoid unwanted personal publicity

Rights to Resources On and Off Campus:

• to be notified of existing campus and community-based medical, counseling, mental health and student services for victims of sexual assault, whether or not the crime is formally reported to campus or civil authorities

• to have access to campus counseling under the same terms and conditions as apply to other students in their institution seeking such counseling

• to be informed of and assisted in exercising any rights to confidential or anonymous testing for sexually transmitted diseases, human immunodeficiency virus, and/or pregnancy

• any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases

Campus Judicial Rights:

• to be afforded the same access to legal assistance as the accused

• to be afforded the same opportunity to have others present during any campus disciplinary proceeding that is allowed the accused

• to be notified of the outcome of the sexual assault disciplinary proceeding against the accused

Legal Rights:

• to have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the sexual assault is reported

• to receive full and prompt cooperation and assistance of campus personnel in notifying the proper authorities

• to receive full, prompt, and victim-sensitive cooperation of campus personnel with regard to obtaining, securing, and maintaining evidence, including a medical examination when it is necessary to preserve evidence of the assault

• to be free from any suggestion that victims were contributory negligent or assumed the risk of being assaulted

Campus Intervention Rights:

• to require campus personnel to take reasonable and necessary actions to prevent further unwanted contact of victims by their alleged assailants

• to be notified of the options for and provided assistance in changing academic and living situations if such changes are reasonably available

Statutory Mandates:

• Each campus must guarantee that this Bill of Rights is implemented. It is the obligation of the individual campus governing board to examine resources dedicated to services required and to make appropriate requests to increase or reallocate resources where necessary to ensure implementation.

• Each campus shall make every reasonable effort to ensure that every student at that institution receives a copy of this document.

NOTHING IN THIS ACT OR IN ANY “CAMPUS ASSAULT VICTIM’S BILL OF RIGHTS” DEVELOPED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT, SHALL BE CONSTRUED TO PRECLUDE OR IN ANY WAY RESTRICT ANY PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER EDUCATION IN THE STATE FROM REPORTING ANY SUSPECTED CRIME OR OFFENSE TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES