University Police -- University of Toledo Sexual Assault Policy

The University of Toledo will not tolerate sexual assault of any kind. Sexual assault can include any form of actual or attempted sexual activity perpetrated upon a person without the consent of that person and against that person's will. Responsibility for confirming or obtaining consent lies with the person pursuing or initiating sexual activity, regardless of gender, in an atmosphere free of coercion, force, or excessive intoxication. Confirmation should incorporate attention to body language, gestures, words, and stalling; if necessary, clarification should be sought verbally. A partner’s silence, in and of itself, does not confirm consent.

Sexual assault can include rape, sexual battery, gross sexual imposition, sexual imposition, voyeurism, and public exposure. These are criminal offenses defined by the Ohio Revised Code, Sections 2902.02, 2907.03, 2907.05 and 2907.06, violation of which may subject the accused to criminal charges in the State of Ohio.

In addition, such activities are a direct violation of the University's Student Code of Conduct. When there is cause for The University of Toledo to believe a violation of this kind has occurred; disciplinary action will be pursued. Such disciplinary action can include suspension or dismissal from The University.

The University is committed to educating its students, faculty and staff about sexual assault awareness, prevention and intervention. The University is also committed to providing a quality response to sexually assaulted students, including respect for the student’s confidentiality, choices, and the seriousness of the crime. Referrals will be made and ongoing support will be offered to students disclosing a sexual assault. To protect their privacy and to encourage reporting of crimes, the University will make efforts to maintain confidentiality regarding the name of the person assaulted, both internally and with regards to the general public.

This policy is gender neutral, and applies equally to women and men, and to persons of all sexual orientations.

Sexual Assault/Date Rape/Drugging Survivor Protocol

If immediate emergency medical attention is necessary due to severe bodily injury, call the police at 419.530.2600 or 911 for emergency transportation, go directly to the nearest emergency room, or call the Rape Crisis Center at 419.241.7273. The University of Toledo’s Sexual Assault Education and Prevention Program and the YWCA’s 24-hour Rape Crisis Center allow students to retain anonymity while providing assistance and information regarding medical treatment, police reporting, counseling, and victim’s advocacy.

If immediate emergency medical attention is not necessary, the sexually assaulted person may consider taking the following steps:

Step 1: Contact an advocate by calling or going to the Sexual Assault Education and Prevention Program Coordinator 419.530.3431, located in the Student Medical Center. Alternatively, call the 24–hour Rape Crisis Center Hotline 419.241.7273.

Step 2: Seek medical attention. There are several options for treatment:

Option A: Go to the nearest hospital's emergency room to obtain advocacy, medical treatment and testing, evidence collection (if desired), and police reporting (if desired) and/or suspected drugging. Evidence must be collected within 72 hours of a sexual assault; the county covers the cost of evidence collection. To preserve evidence, a sexually assaulted person should not perform any personal hygiene until the exam is completed. A change of clothes should be taken to the hospital, as clothing will also be collected as evidence. If clothing is changed, the removed clothing should be taken to the hospital in a paper bag or container, rather than a plastic one.

Friends may accompany the sexually assaulted person.

If drugging is suspected, testing for rohypnol, GHB (gamma hydroxy-butyrate), and other substances must be specifically requested at the hospital. The screen that detects these substances also reveals the presence of other drugs such as cocaine and alcohol. Testing can be done for 72 hours after suspected ingestion.

Police and an advocate will be called to the hospital; the sexually assaulted person may choose to refuse contact with police and advocates. University Police (530–2600) or the Sexual Assault Education and Prevention Program Coordinator (419.530.3431) can provide transportation from campus to the hospital.

Option B: Go to the Student Medical Center (419.530.3451) during business hours for advocacy and medical testing/treatment for sexually transmitted diseases, pregnancy, and internal injuries. The Medical Center is not equipped to collect evidence for prosecution; lack of such evidence can greatly impair successful prosecution.

Option C: Use other community resources

Step 3: Report the sexual assault incident. Reporting serves to gather statistical information, assist in the identification of perpetrator trends, and lays the groundwork for further action if desired. There are several reporting options:

Option A: File a report with University of Toledo Police if the sexual assault occurred on campus (419.530.2600).

Option B: File a report with Toledo Police Department if the sexual assault occurred off campus (911). Upon request, the UT Police Department, the Sexual Assault Education and Prevention Program, and/or other campus authorities will assist UT students in filing a police report with any off campus police department.

Option C: File a complaint with the Office of Judicial Affairs if the assailant is another University of Toledo student (419.530.8585). The filing of a complaint allows a sexually assaulted person to seek recourse through the University discipline system.

Option D: File an anonymous report with the Sexual Assault Education and Prevention Program (419.530.3431) or the Counseling Center (419.530.2426).

Full Reporting:

The University of Toledo Police Department and the Office of Student Judicial Affairs have been identified by the University as Campus Security Authorities under the Student Right to Know and Campus Security Act. They are obligated to obtain all information available and investigate the complaint to determine if criminal and/or student discipline violations have occurred. Once charges have been filed, they cannot guarantee confidentiality or anonymity.

Reporting is different from prosecuting, but prosecution requires the filing of a police report as a preliminary step; the decision to pursue prosecution can be made at any time after filing a police report. An investigation will follow the filing of a police report: the suspect, the person reporting, and all potential witnesses will be questioned. Reporting within 72 hours is required prior to filing for Victim’s Compensation, which can pay for assault–related expenses.

Once a complaint is filed with the Director of Student Judicial Affairs, a preliminary investigation will occur and a determination will be made as to whether a violation of the Student Code of Conduct probably occurred. If a probable violation is found, the University will prepare a charge or charges and initiate disciplinary proceedings against the accused.

Anonymous Reporting:

An incident reported to the staff of the Sexual Assault Education and Prevention Program, Counseling Center, or Student Medical Center may remain anonymous except under the following circumstances: the staff member perceives a specific and immediate threat of danger to a member of the campus community, or the sexually assaulted person is under the age of 18 or is a physically or mentally challenged individual under the age of 21.

In all other cases, anonymous reports do not contain the name of the person reporting, and will not be followed by an investigation. Rather, only statistical information is forwarded to campus police for use in the University’s annual report. Also, information can be documented and held confidentially by the Sexual Assault Education and Prevention Program until and if the survivor wishes to release it.

Step 4: If a student requires a change in his or her living situation due to a sexual assault incident, she/he should contact her/his Hall Director or the Director of Residence Life (419.530.2941, V/TDD) for assistance. Reasonable accommodations will be made.

Step 5: If a student needs to request a change in an academic situation (such as a change of classes or need for extensions) due to an assault, he/she should contact the Sexual Assault Education and Prevention Program for assistance. Reasonable accommodations will be made.

Step 6: If a sexually assaulted person wishes to file a Victim’s Compensation Claim for monetary reimbursement of assault–related expenses, she/he should contact the Sexual Assault Education and Prevention Program or the Rape Crisis Center for assistance.

Disclosure to faculty and staff/Confidentiality and Notification:

Once the Sexual Assault Education and Prevention Program Coordinator receives a direct or third–party report, she/he will immediately notify the Chief of Police, the Vice President for Student Affairs, and the Dean of Students that a sexual assault has occurred if the incident occurred within the semester of disclosure.

This notification process will not involve disclosing the name of the sexually assaulted person to the above or to anyone else, including concerned students, parents, or the press, without the student’s consent; unless the release is essential to the health and safety of the individual assaulted or to otherwise fulfill the University’s legal obligations in cases of a specific and immediate threat of danger, or the assault of a minor.

If such exceptions are made, the student will be informed of the nature of information communicated and the personnel to whom such information was communicated.
Otherwise, such immediate notification will consist of the date, time, and general location (on or off campus) of the assault, and the immediate safety needs of the student and of affected communities.

The following individuals may also be immediately notified of assault date, time, general location, and immediate safety concerns (but not name of student) on a need to know basis. The student will be informed of such communication by the campus official with whom the student is in direct contact.

If a sexual assault is disclosed after the semester in which it occurred, immediate notification shall not be done.

If the person disclosing a sexual assault is under the age of 18, or is a physically or mentally challenged individual under the age of 21, the Children's Service Board will also be notified of the incident and the name of the sexually assaulted person in accordance with the Ohio Revised Code.

Definitions:

• Rape, sexual battery: Non–consensual anal, oral, or vaginal penetration, however slight, by any object achieved by use of force or threat of force; by administration of alcohol, rohypnol, GHB, or other drugs; by coercion, blackmail, or threat of academic or employment–related repercussions; when a person’s ability to resist is impaired by medication, disability, or (in an on–going relationship) the past abusiveness of the assailant; when a person’s judgment is substantially impaired by alcohol, drugs, or other factors, or when the person is unaware of the conduct being performed. This category includes, but is not limited to, rape and sexual battery as defined by the Ohio Revised Code.

• Gross sexual imposition, sexual imposition: Non–consensual sexual contact (touching and non–penetrative sexual activity) achieved by any of the means listed above. This category includes but is not limited to gross sexual imposition and sexual imposition as defined by the Ohio Revised Code.

• Voyeurism & public exposure: The surreptitious invasion of a person’s privacy for purposes of sexual gratification, arousement, or intimidation. Exposure of one’s private parts, masturbation, or engaging in sexual conduct when such exposure is likely to be viewed by and be offensive, intimidating, or destructive to others.

Sexual Assault Statistics

These are statistics compiled by the Sexual Assault Education and Prevention Program, independent of local law enforcement agencies. These incidents have not necessarily been reported to, or verified by, the University of Toledo Police Department.