Sexual assault is a frightening reality for some college students. National statistics indicate that one in four college-aged women report experiences that meet the legal definition of rape or attempted rape. Aline Jesus Rafi is the Coordinator for Sexual Assault Prevention Education and Response at Emory University. She is a full time staff member dedicated to advocating for students.

Tips for reducing the risk of sexual assault:

1. Know your boundaries and express them assertively and clearly.
2. Trust your instincts. If you feel uncomfortable, remove yourself from the situation.
3. Know your limits when using alcohol and other drugs.
4. Prior to going out at night, determine your plan for your return home. Let someone know where you're going when you leave.
5. Go out in groups and do not leave a group member alone at a party or bar.
6. Never leave your drink unattended or drink from an open container or punch bowl.
7. Try not to walk alone at night. If you must walk alone, walk in well-lit areas.

Communication

1. Communicate your sexual desires and limits clearly. If you feel uncomfortable about a behavior, someone is crossing your boundaries. Verbal cues are the most direct way to let someone know your limits.
2. Be assertive and direct. Forget about being nice if you feel threatened. You have the right to protect yourself.
3. Say what you are thinking, what you really want.
4. Be an active partner in relationships and share decisions about what to do, where to meet and when to be intimate.
5. Never take silence as consent. If you feel you are getting double messages, speak up and ask for clarification.
6. Accept a person's decision. Respect the word "no".

Assessment

1. Trust your instincts. If you feel uncomfortable or think you may be at risk, leave the situation immediately and go to a safe place.
2. Exercise caution when dating. Have first dates in public places. Let someone know where you are going and when you will return. Try to provide your own transportation.
3. Avoid anyone who puts you down, talks negatively about women in general, is physically violent or does not respect you or your decisions.
4. Do not assume that a person wants to have sex just because they are drinking heavily, dressed in a particular manner, or agrees to go home with you. Do not assume that if a person agrees to kissing or other sexual intimacies, that they are also willing to have sexual intercourse.
5. Know you limits when using alcohol or other drugs.

-Adapted from New York University’s Student Health Center, with permission.

Below are some questions our office has received in the past about how we handle reports of sexual assault. In our examples the student who allegedly committed the sexual misconduct is referred to as “he” and “him” – this is for convenience only. We know not all students accused of sexual assault are men, and not all sexual assault reports involve people of the opposite sex.

How does the conduct process apply in sexual misconduct cases?
Emory’s sexual misconduct policy covers many types of behavior such as sexual exploitation, sex without valid consent, and rape (for the full policy, see http://policies.emory.edu/8.2). Students who have experienced these kinds of situations sometimes keep the information to themselves. Others tell friends or family members. Some seek help from mental health professionals or spiritual counselors. And some of these students decide to report the incident to the police or the Office of Student Conduct. When we receive reports of possible sexual misconduct, we explain the conduct process so a reporting student will know what happens next.

In cases of reported sexual misconduct, the goals of the Office of Student Conduct are to determine if an Emory undergraduate student violated the Undergraduate Code of Conduct and, if so, to assign sanctions that are educational, provide some repair of harm caused, and are punitive when necessary. Students who report sexual assault often tell us they want the alleged perpetrator to understand how they felt and how the incident affected them. 

In sexual misconduct cases, the focus is on the accused student, because the process is designed to determine if he violated the Code. The reporting student’s level of involvement depends on whether the reporting student wants to be a complainant, or simply a witness. Our staff will take time to explain to both the accused and reporting students what their roles, options, rights, and responsibilities are. 

 

How long do proceedings usually last?
When a complaint comes into the office, the Director reviews it within approximately 2 business days. If material in the complaint could be construed as a conduct violation possibly committed by an Emory undergraduate, we send a letter to the accused student requiring him to meet with a conduct officer for an initial meeting. Students have 5 days to schedule this meeting. During this part of the conduct process, the conduct officer also meets with the complainant-- in this case, that would be you-- and any individuals identified as witnesses. The conduct officer may hold several meetings with the accused student, complainant, and witnesses. In a sexual assault case, this can take two to three weeks, depending on the schedules of all involved. The conduct officer then reviews the evidence that has been gathered to determine if a charge is warranted. If a charge is warranted, the conduct officer explains his/her rationale to the accused student and asks him if he wants to take responsibility. If he decides to take responsibility, the conduct officer recommends sanctions. The Director of Student Conduct reviews those sanctions and makes a final decision. In that scenario, the proceeding would last about 3 or 4 weeks, presuming no complications.

If the accused student did not wish to accept responsibility, he would choose to appear before a hearing body. He would have 7 days notice of the date and time of the hearing.  The hearing body would hear the case, deliberate, and recommend sanctions after the hearing. The Director would again review them and make a final decision. This process would last about 6 or 8 weeks, presuming no complications.

In both scenarios, the accused student would have the opportunity to appeal. A student has 7 days after a final decision letter is issued in which to file an appeal. Following receipt of the appeal, it generally takes 2 to 3 weeks for the Appeal Board to read the case, meet and make recommendations, and for the Senior Vice President and Dean for Campus Life to issue a final decision on the appeal.

 

Will there ever be a situation where I will be in the same room with him?
In the event that the accused student is charged and does not accept responsibility, he would proceed to a hearing, either before an individual hearing officer or before the full Conduct Council.  You would need to give testimony and answer questions from both him and the hearing body during the hearing.

 

What accommodations will be made to minimize any trauma to me?
Accused students direct all questions of witnesses through the hearing officer/Conduct Council Chair in all hearings. So he would not be directly questioning you. 

We have several options to minimize trauma. You could give testimony over the phone.  Or we could set up the room to minimize your contact and exposure. If you were the complainant, you could have an advisor present with you for support and assistance.

 

Who, if it reaches this level, would hear the case should he deny responsibility?
Like all students who proceed to a formal hearing, he would have a choice to have his case heard by an individual hearing officer, or the full University Conduct Council.  Full-time employees who serve as conduct officers make up the pool from which we select individual hearing officers. The Conduct Council consists of a Chair, a full-time Emory employee with conduct training and experience, as well as faculty, staff members, and students drawn from our pool of conduct officers and justices who serve other boards and councils (such as Alcohol and Peer Review Boards).

 

Who in the office is aware of details regarding the case?
Persons who work directly with conduct files include the Director, the Assistant Director, and our administrative professional. The Special Assistant to the Senior Vice President and Dean for Campus Life supervises the Office of Student Conduct, and would be generally aware of the case.

 

Will he be allowed to read my statement?
In a sexual assault case, your statement would generally be used as the incident report. It would also be used as evidence for the conduct officer (and possibly later a hearing body) to evaluate the case. As such, it would be part of the accused student's conduct record and he would be entitled to read it along with the other contents of his file.
 

Would the University be willing to be the complainant, to bring this case on my behalf?
In the past, the University has served as the complainant, depending upon the circumstances. 

 

I have significant medical findings. Do you consult with medical professionals with expertise in sexual assault, and if not would you be willing to in this case? 
We are not a legal body, and we do not generally call "expert witnesses" to give testimony. We also cannot compel non-students to appear at hearings; we can only request their presence. In contrast, the legal system can subpoena individuals, mandating that they appear to testify or else face charges. 

That does not mean we cannot, in the course of our investigation, interview individuals with knowledge pertaining to the situation. For example, we have interviewed doctors who treated students after unwanted sexual encounters.

 

Please review how you maintain the privacy of the information I give you.
Personnel in Student Conduct may not disclose the contents of students' educational records without their written consent, except in certain limited circumstances. As noted above, your statement would become part of the accused student's educational record. We could advise him to maintain confidentiality, but could not compel him to remain silent. In other words, he could speak with others about the case brought against him.