Appendix E

Sexual Assault Policy (Reference to Section 102.08)

A. INTRODUCTION

This UCI Sexual Assault Policy encompasses the applicable California state law on sexual assault, rape, sexual battery, and unlawful sexual intercourse. Below is a general summary of the terms: consent, sexual assault, rape, sexual battery, and unlawful sexual intercourse. The definitions of these terms are found in the California Penal Code. The definitions below are intended only to provide practical guidance for students and other members of the campus community. The University is not limited to the terms as summarized below and will enforce the terms as fully defined by law. To the extent there is any inconsistency between the law and this policy, the law shall govern. Violations of the Sexual Assault Policy will be determined on the preponderance of the evidence standard.

B. DEFINITIONS

Consent: Positive cooperation in the act or expressing an intent to engage in the act pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. A person who is giving consent cannot be under the influence of drugs or alcohol, unconscious, passed out, coming in and out of consciousness, under the threat of violence, bodily injury or other forms of coercion, and cannot have a mental disorder, developmental disability or physical disability that would impair his/her understanding of the act.

Sexual Assault: Any physical act of a sexual nature that is accomplished toward another without his/her consent. Such acts include, but are not limited to, forced oral sex, forced anal penetration, and the insertion of foreign objects into the body.

Rape: An act of sexual intercourse accomplished with a person against the person's will using force or the threat of force. "Against someone's will" includes instances in which consent is not given. "Force or the threat of force" includes, but is not limited to, the use of a weapon, physical violence or restraint, verbal threats, intimidation, and threats of retaliation or harm.

Sexual Battery: Any unwanted touching of an intimate part of another person for the purpose of sexual arousal. "Touching" means physical contact with another person whether the individuals involved are clothed or unclothed. "Intimate part" means the sexual organ, anus, groin or buttocks of any person, and the breast of a female. (Penal Code Section 243.4).

Unlawful sexual intercourse (statutory rape): An act of sexual intercourse accomplished with a person, not the spouse of the perpetrator, where the person is under the age of 18 years.

Individuals are responsible for their actions whether or not they are under the influence of drugs or alcohol. This responsibility includes determining whether consent is being given at the time of the act. In instances where a person is charged with violating the Policy, the student disciplinary process will determine whether the person reasonably should have known that the accuser was not consenting (or was not capable of consenting) to the act. In addition, if both parties are too impaired to freely consent to a sexual act, either party (or both parties) may be charged with violating this Policy.

C. JURISDICTION

A student charged with sexual assault can be prosecuted under California criminal statutes and disciplined under the University's code of student conduct. Even if the criminal justice system chooses not to prosecute, the University can discipline a student if there is a preponderance of the evidence that the student has committed a violation. This discipline includes the possibility of suspension or dismissal from the University. The University shall respond to allegations of sexual assault in accordance with the provisions set forth in the University of California Policies Applying to Campus Activities, Organizations, and Students, Sections 100.00, et seq.

While the University retains ultimate authority to determine what course of action to pursue in the absence or withdrawal of the alleged victim's complaint, it will make a good faith effort to pursue possible discipline against the accused in a manner which is the least intrusive to the alleged victim and which best protects his/her confidentiality.

D. ALLEGED VICTIM'S RIGHTS

The University recognizes that formal hearings regarding sexual assault can be especially difficult for the alleged victim. Therefore, in either a closed or open hearing, the alleged victim may request the presence of a person who he/she designates as a supporter, whose purpose will be to provide emotional and moral support as needed during the time the alleged victim testifies at the formal hearing.

Alleged Victims' Rights:

The right to have an emotional/moral supporter to accompany him or her at the formal hearing for the duration of the alleged victim's testimony.

The right not to have his or her irrelevant sexual history discussed during the hearing, as established in state criminal codes;

The right to make a "victim impact statement;" and

The right to be informed of the outcome of the hearing.

E. HEARING PROCESS

As is provided in Section 103.11, the formal hearing shall be closed, unless both parties agree to an open hearing. The University shall observe the due process procedures as outlined in Section 103.11.

While the University is committed to responding to allegations of sexual assault in as expeditiously a manner as possible, it recognizes the need to create an additional mechanism by which immediate and interim remedial actions can be imposed if necessary.

The Dean of Students or a designee shall determine and enforce any directives intended to structure interaction between the alleged assailant and alleged victim that minimizes or eliminates the possibility of any further misunderstanding or harm to either party or by either party. For example, if an alleged assailant and alleged victim reside in the same residence hall and the Dean of Students or a designee deem that it is in the best interests of the individuals and/or the housing community to separate them during the disciplinary process, the alleged victim or alleged assailant may be moved depending on available space. Another type of interim remedial action, such as mutual restraining orders limiting physical proximity or verbal interaction between the two, may be necessary in situations where the alleged assailant and alleged victim share classroom, on-campus employment, or on-campus socializing or residence spaces.

On the UC Irvine Campus, the following departments can provide additional information: UC Irvine Police, Dean of Students, Center for Women and Men, Office of the Ombudsman, and Office of Equal Opportunity and Diversity.