Citing inconsistent enforcement of sexual assault on campus, the Office of Student Affairs wants to toughen university sanctions through clearer guidelines in the Student Code of Conduct.
Dean of Students Ryan Lombardi assembled a task force of faculty, staff and students to rework judicial penalties for sexual assault. He presented the draft of the sanctions to Student Senate on Wednesday.
Although sexual assault is an A-level offense under Ohio University's Student Code of Conduct, the university can't always punish perpetrators because there is not an official definition, Lombardi said.
Under the proposed policy, any kind of sexual assault would result in at least a one-quarter suspension. Physical contact between the perpetrator and victim will result in a one-year suspension while any form of penetration will lead to expulsion.
Since 2004, there have been 15 reported cases of sexual assault on campus, covering all categories of sexual violations defined by the university, Lombardi said. Of those, six resulted in probation and seven resulted in suspension. Two cases resulted in expulsion. Last year, OU suspended two students for sexual assault, wrote Jim Sand, director of University Judicaries, in an e-mail.
Between 2005 and 2007, there were 33 reported forcible sexual offenses in Athens, according to university police. Federal privacy law makes it impossible to determine whether these cases overlap with judicial charges.
There is a need for a climate change at this university
said Student Senate Vice President Sally Neidhard, a member of the task force. It needs to be understood that sexual assault is not OK on this campus.
Lombardi said he will have ultimate approval for sexual assault sanctions coming from Judiciaries instead of the head of Legal Affairs because he deals directly with the students in each complaint.
Those accused of sexual assault, like others facing different sanctions, would have two levels of appeal, Lombardi said.
Judiciaries will still rely on a preponderance of evidence for conviction, meaning officials need to be only 51 percent sure a student committed the crime, as opposed to the legal system, which requires evidence beyond a reasonable doubt.
Senators did question the definitions of sexual assault in the draft, saying that though activities such as streaking or flashing in public are designed to shock others, they are not necessarily sexual assault.
Lombardi said cases would hinge on intent, and that charges would be reviewed by Judiciaries before being presented to the student to ensure they form a valid case.
Neidhard said part of the climate change the committee seeks will hopefully encourage more victims to come forward and report their cases.
The proposed penalties reach the limit of campus sanctions and the university cannot press further without filing charges with the police.
Lombardi also addressed sexual assault in the context of a college party atmosphere. According to Amanda Childress, assistant director of health promotion for Sexual Assault Risk Reduction, the majority of assaults on campus involve people who do not realize that they're acting without consent.
The student conduct policy states that intoxication means they cannot give consent Lombardi said. If you're drinking keep your hands off.
Senate will draft a resolution next week to endorse the guidelines. After that, Lombardi said he will work with Vice President for Student Affairs Kent Smith and President Roderick McDavis to implement them.
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Tristan Navera
