Campus Sexual Violence Elimination Act

1. Campus Sexual Violence Elimination Act New Mexico State University: A Respectful and Caring Community

2. Healthy relationships • Trust in each other • Respect for each other • Caring for the safety and health of each other • Honesty between each other • Each person can speak her or his opinion • Understand each other • Feeling comfortable within her or his presence

3. NMSU does not tolerate violence against members of the NMSU community The civil rights and safety of all members in the NMSU community are important and are to be respected. Sexual harassment, gender harassment, domestic and relationship violence are a violation of civil rights and impact the safety of all.

4. Relevant actions and policies • Violence Against Women Act • Jeanne Clery Act • Title IX • Campus SaVE Act • New Mexico state laws • NMSU Student Code of Conduct • NMSU Policy Manual (applies to student employees)

5. Title IX • Title IX: Prohibits gender inequality and sexual harassment (including sexual violence) • Title IX views sexual harassment as an important civil rights issue: when students suffer sexual harassment, the academic environment becomes a hostile and unsafe environment which could then deprive the victim of equal access to an education.  Consequently, universities and colleges are to respond in a proactive manner and take immediate action to eliminate the harassment, prevent its recurrence, and address its effects.

6. Campus Sexual Violence Elimination Actor Campus SaVE Act • The Campus SaVE Act is the law to Title IX • In 2013, The U.S. Government reauthorized the Violence Against Women Act. Included in the bill was the Campus Sexual Violence Elimination Act (Campus SaVE), which amends the Jeanne Clery Act and affords additional rights to campus victims of sexual violence, dating violence, domestic violence, and stalking. • Domestic and relationship violence are also included in the Campus SaVE Act.

7. The State of New Mexico’s legal definitions of sexual assault • “Criminal sexual contact is the unlawful and intentional touching of or application of force, without consent, to the: • unclothed intimate parts of another • who has reached his eighteenth birthday • intentionally causing another who has reached his eighteenth birthday to touch one's intimate parts.” • Statute §30-9-12(A)

8. The State of New Mexico’s legal definitions of rape • “Criminal sexual penetration is the unlawful and intentional causing of a person to engage in: • sexual intercourse • cunnilingus • fellatio • anal intercourse • or the causing of penetration, to any extent and with any object, of the genital or anal openings of another, whether or not there is any emission.” • Statute §30-9-11(A)

9. The State of New Mexico’s legal definitions of intimate partner rape • “Intimate partner rape where the victim and perpetrator are: • currently or formerly married, living together, or involved in a dating relationship.” • New Mexico, under the Crimes Against Household Members Act • Statute §30-3-4(A)

10. Other related sexual assault offensesThe State of New Mexico State Law • “Criminal Sexual Contact of a Minor is the unlawful and intentional touching of or applying force to the intimate parts of a minor or the unlawful and intentional causing of a minor to touch one’s intimate parts.” • Statute §30-9-13(A) • “Indecent Exposure consists of a person knowingly and intentionally exposing his primary genital area to public view. Primary genital area means the mons pubis, penis, testicles, mons veneris, vulva or vagina. • Statute§30-9-14(A-B)

11. Incapacitation or drug facilitated rape or sexual assault • Capacity: is the ability to understand the pros, cons, and alternatives in decision making in combination with the ability to communicate an informed decision • Incapacitated Adult: an individual over 18 years of age who has a physical, mental, or developmental condition that substantially impairs the ability to care for or protect oneself • Drug-facilitated rape includes circumstances where the perpetrator administers alcohol or controlled substances to the victim to facilitate a sexual assault. • For purposes of this definition, it does not matter whether the victim consented to the ingestion or delivery of the alcohol or controlled substance.

12. Relationship between sexual violence and alcohol in New Mexico • Percent of Rape Cases Involving Alcohol/Drugs 34% • Victim 23.5% - 33% • Offender 45.5% - 76% • Alcohol/Drug use is greater among female victims than male victims and increases vulnerability to stranger-rape, multiple-offender victimizations, and contraction of STDs Source: http://www.nmcsap.org/Betty_Caponera_Sex_Crimes_2010_Report_Oct2011_web5.pdf

13. Consent--an important sexual right • Consent is a mutual decision to engage in sexual activity that is voluntary and clearly stated in an explicit communication of agreement throughout the activity • Either person can decide to stop the activity at any point in time • Does not “kill the mood” by simply asking: Are you okay with this? Would you like to keep going?* • Asking and responding freely enhances the experience and helps to create trust in a relationship* • Recent study: The more comfortable and the stronger the feelings of agreement and want people had for the sexual activity, the higher they indicated the quality of the sexual experience* Sources: *Kristen Jozkowski, Ph.D., posted October 22, 2013 **Palo Alto Medical Foundation

14. Consent is not: • The absence of a “no” • Passivity • Implied • To be assumed • Silence • Agreeing because of fear or uncertainty • Acquiescence or submission • Pressured • Solely based on nonverbal which can lead to miscommunication

15. The ability to give consent is simply: • Understanding the nature and consequences of what is proposed • Being able to evaluate the benefits, risks, and alternatives • Being able to make and communicate an informed decision • When participants are of a legal age to consent Remember: Equal power = Equal ability to make choices

16. The State of New Mexico’s definition of domestic violence • Domestic abuse is an incident where one household member causes or commits any of the following to another household member: • Physical harm or severe emotional distress • Bodily injury or assault • A threat that causes immediate fear of receiving physical injury from any household member • Criminal trespass or criminal damage to property • Repeatedly drives by a residence or workplace • Telephone harassment or other forms of harassment, or • Harm or threatened harm to children

17. What is a “household member?” • Current or former spouse • Parent or a current or former stepparent • Current or former parent-in-law • Grandparent or a grandparent-in-law • Co-parent of a child • Person with whom the offender has had a dating or intimate relationship • New Mexico criminal law (N.M. Stat. §30-3-11)

18. Relationship between domestic violence and alcohol in New Mexico • Approximately one-third (35%) of domestic violence cases reported by law enforcement involved alcohol/drug use • Of these, 92% involved suspect use of alcohol/drugs • And 18% involved victim use of alcohol/drugs • These percentages include the 11% of cases where both the victim and the suspect were using alcohol/drugs at the time of the domestic assault Source: http://www.nmcsap.org/Betty_Caponera_DV_in_NM_X_2010_Data_web.pdf

19. Stalking • To harasses another person in an aggressive, often threatening and illegal manner • To pursue persistently and sometimes attack (a person with whom one is obsessed, fascinated, etc.) Voyeurism – the practice of obtaining sexual gratification by viewing sexual objects, acts or genitalia, especially secretly • Harassment • Annoys • Alarms • Terrorizes

20. Stalking behaviors • Follows you or shows up where you are • Sends unwanted items • Damages your property • Monitors your calls or computer use • Uses technology to track you • Threatens to hurt you or your family STALKING NEEDS TO BE TAKEN SERIOUSLY!

21. Risk reduction Violent crimes such as sexual harassment, domestic/relationship violence, or stalking are never the fault of the victim. Below are some steps you can take to reduce the risk of being assaulted: • Avoid dangerous situations: • Always have your cell phone charge and with you • Avoid isolated areas • Avoid putting earphones in both ears in unfamiliar places • Safety planning: • Know where exits are located • Be aware of transportation options Source: https://www.rainn.org/get-information/sexual-assault-prevention

22. Risk reduction • Safety in social situations: • Go to parties with friends • Trust your instincts • Don’t accept drinks from people you don’t know • Watch out for your friends and have them watch out for you • If you suspect a friend has been drugged; contact the police • When you feel pressured by someone: • Remember that being in this situation is not your fault • Be true to yourself and what you want to do • Share code words with friends and family that will trigger a rescue plan • Lie or make an excuse to get out of the situation • Think of an escape route Source: https://www.rainn.org/get-information/sexual-assault-prevention

23. First steps to take if you are a victim of rape or sexual assault • GET TO SAFETY • Call 911 • Do not bathe or shower • Do not comb or brush your hair • Do not change your clothes or shoes • Do not douche • Obtain emergency medical care at a hospital. A sexual assault nurse examiner can conduct the examination and provide medical care (injuries, pregnancy, STD’s). Bring a change of clothing with you • Consider contacting a sexual assault advocate as a source of support during the examination at the hospital and with other legal processes • STAY SAFE • Obtain an Order of Protection (court-ordered) or No-Contact Directive (campus judicial action) • Change locks, make sure doors are locked • Stay in the company of safe others (family, friends)

24. First steps to take if you are a victim of domestic or relationship violence or stalking • GET TO SAFETY • Call 911 • If you are still in the relationship: • Make a list of safe people to contact • Memorize all important numbers • Establish a “code word” or “sign” so that family , friends, teachers or co-workers know when to call for help • Identify a safe place to go if an argument occurs, avoid rooms with no exits • If possible, get weapons out of the house

25. First steps to take if you are a victim of domestic or relationship violence or stalking • If you have left the relationship: • Change your phone number • Screen calls • Save and document all contacts, messages, injuries or other incidents involving the abusive partner • Change locks if the batterer has a key • Avoid being alone • Plan how to get away if confronted by the abusive partner • If you have to meet your partner, do it in a public place • Vary your routine • Call the local domestic violence shelter for emergency shelter • STAY SAFE • Obtain an Order of Protection (court-ordered) or No-Contact Directive (campus judicial action) • Change locks, make sure doors are locked • Stay in the company of safe others (family, friends)

26. Court-issued orders of protection for domestic abuse(including relationship violence, sexual abuse and stalking) • Purpose: • To restrain the abusing party from committing acts of domestic violence • Excludes the abusing party from your home, work, school or daycare • Requires "no contact" in person, by telephone, notes, letters, telegrams, pagers, e-mail or third party • Gives you access to the courts with a hearing scheduled before a Special Commissioner • Provides other appropriate relief such as temporary custody of children and child support • Allows the police to arrest the abuser if there is a violation of the Order • What relationships qualify? • Boy friend/girl friend/lover or former of these relationships (same sex or opposite sex) • Co-parents/family members (over 18 years old) • Continuing personal relationships Source: http://seconddistrictcourt.nmcourts.gov/dv2.html

27. Rights of the Survivor/Victim • To choose how you want to respond regarding what happened to you • To choose whether to file a police report • To have university personnel available to you for support throughout the reporting process • To file a complaint with other campus offices (i.e.,Office of the Dean of Students, Office of Institutional Equity) • To be treated with fairness and respect throughout the investigatory process • To obtain a no-contact directive from Student Judicial Affairs or an Order of Protection from the courts • To be protected from harm which could include a change in your academic, living, transportation or working situations to avoid a hostile environment • To a prompt and equitable resolution • To have an advisor present during any hearing or meeting • To be informed of the outcome of the disciplinary hearing at the same time as the alleged perpetrator • To appeal the outcome of the disciplinary hearing and/or sanctions • To be notified of any change of the results • To be notified of when results are final

28. Nonacademic misconduct • Behavior committed by a student that is violent, including sexual misconduct and domestic or relationship violence, is considered to be nonacademic misconduct that could result in a sanction by the university. • The hearing officer will determine responsibility, based on preponderance of the evidence, and a sanction will be imposed. • As a result of an investigation and/or conference with a student or organization representative, one of the following actions may be taken: • The allegation may be dismissed as unfounded. • The allegation may be dismissed for lack of preponderance of the evidence. • The student or organization representative may admit responsibility and a sanction will be imposed.

29. Non-academic disciplinary process • Student is notified of charges and date of hearing • Hearing is held • Decision is made by the Hearing Officer • If the student is found not responsible for charges, the case is dropped • If the Student is found responsible for charges, sanctions are imposed • Student is notified of the outcome of the decision • Student may request first appeal based on grounds for appeal • Student may request second appeal based on grounds for appeal

30. Possible sanctions • Stalking • Written Warning • Disciplinary Probation • Disciplinary Suspension • Domestic Violence • Disciplinary Probation • Disciplinary Suspension • Dating Violence • Disciplinary Probation • Disciplinary Suspension • Sexual Assault • Disciplinary Probation • Disciplinary Suspension • Dismissal • Expulsion

31. Rights of the Alleged Offender • To a fair and equitable hearing • To be formally notified and informed of the allegations • To view the evidence • To have an advisor present (i.e., other witnesses, attorney) • To provide a statement • To call and question witnesses • To be notified of the decision • To an appeal of the decision and sanctions • To be notified of changes in the decision post-appeal • To be notified of all finalized outcomes

32. Privacy and confidentiality • NMSU shall take appropriate steps to protect the privacy of individuals involved in a report of sexual harassment, including sexual violence, domestic and relationship violence, or stalking. A report of any of these behaviors could indicate the necessity of gathering extremely sensitive information for investigation by the NMSU Police Department or the Office of Institutional Equity. • Because of the need to keep the entire campus safe, a warning may have to be sent to the campus community. Every effort will be made in this warning to maintain the individual’s privacy: at no time will the victim be named in the warning and only information necessary to keep the campus community safe will be provided. • The Family Educational Rights and Privacy Act of 1974 (FERPA) protects student records. Disciplinary actions are protected through FERPA and can only be shared on an educational need-to-know basis. Disciplinary status can also be shared if the student authorizes through a release of information

33. Privacy and Confidentiality • The Jeanne Clery Act requires NMSU faculty, staff, graduate assistants, and student employees to serve as Campus Security Authorities (CSA). • Should a student report an incident of sexual harassment/violence, domestic violence or relationship violence, the CSA is obligated to report the crime to the appropriate offices including the Office of Institutional Equity or the NMSU Police Department. In this case, confidentiality will not apply—CSA’s are required to report. • The Jeanne Clery Act does not require pastoral counselors and professional counselors serving in the role of counselor to report the crime; they are able to maintain confidentiality. When a student reports an incident of sexual harassment, domestic or relationship violence, the counselor will inform the victim of their rights and the actions they may take to report the incident to other authorities on campus should they choose to do so.

34. Bystander intervention • Community standard which says “Violence is not okay” • Violence is about power; bystander intervention reduces the power that results in personal violence • Bystander intervention identifies everyone as a potential bystander who can help those in need and reduce violence • Move from passive observation of violence to active intervention • Bystander intervention creates a lasting change in behavior to reduce personal violence on a community level

35. What can you do? • Notice the event or incident • Identify this event or incident as a problem or emergency • Assume responsibility by feeling motivated to, and capable of, finding a solution • Act

36. Reasons people do help • It is unclear if the situation is an emergency • The cost of helping (to the bystander) is greater than the cost of not helping • The more people that are present, the less likely someone will ‘step up’ and intervene • The bystander feels the person needing assistance is not similar to themselves • The bystander is not in a good mood • Perception someone else will take action • The person needing assistance is not perceived as an innocent victim • Society does not expect them to intervene As an Aggie, these are not acceptable excuses to stop you from helping

37. Bystander Intervention You can interview in cases of: Bystanders Include: Students Staff Faculty Parents All community members YOU • Academic misconduct • Alcohol misuse or abuse • Alcohol poisoning • Anger issues • Depression or suicidal thoughts • Eating disorders • Gambling • Hazing • Relationship abuse or violence • Sexual assault

38. For Survivors… • This presentation has been about rape, sexual assault, stalking, domestic violence and relationship violence. If you have been a victim of any of these crimes, some of the information may trigger a reaction that could be disturbing. Consider obtaining counseling services for support. • If you are in crisis, the Crisis Assistance Listening Line (575-646-2255) has responders available to offer support 24/7.

39. Where to go at NMSU-Las Cruces Report Support The following on-campus and off-campus services are confidentialresources: NMSU Counseling Center - Room 100, Garcia Annex(575-646-2731) Campus Health Center (575-646-1512) The Crisis Assistance Listening Line/CALL (575-646-2255) La Piñon Sexual Assault Recovery—S.A.N.E. Unit (575-527-3437) La Casa Domestic Violence Shelter (575-526-2819) • NMSU Police Department 911 (575-646-3311) • File a police report • Meet with the Victim Service Coordinator, Amanda Bowen (575-646-3424) • Office of Institutional Equity (575-646-3635) • Files reports of rape, sexual assault, domestic or relationship violence • Office of the Dean of Students (575-646-1722) • File a complaint of sexual harassment, domestic or relationship violence • Issues “no-contact” orders when needed. This order would be given to the alleged offender and at a minimum, be in place throughout the course of the investigation.  • Las Cruces Police Department (575-528-4200) • Doña Ana County Sheriff’s Office—Victim Assistance Unit (575-528-4111)

40. Where to go at NMSU-Alamogordo Report • Vice President for Student Success (575-439-371) • Counselor (575-439-3698) • Alamogordo Police Department (575-439-4300) • NMSU Police Department (575-646-3311) • File a police report • Meet with the Victim Service Coordinator, Amanda Bowen (646-3424) • NMSU Office of Institutional Equity (575-646-3635) • Files reports of rape, sexual assault, domestic or relationship violence • Office of the Dean of Students (575-646-1722)

41. Where to go at NMSU-Doña Ana Community College Report • Vice President for Student Services (575-527-7530) • Student Accessibility and Resource Center (575-527-7648) • Counselor (575-527-7548) • Las Cruces Police Department (575-528-4200) • NMSU Police Department (575-646-3311) • File a police report • Meet with the Victim Service Coordinator, Amanda Bowen (646-3424) • NMSU Office of Institutional Equity (575-646-3635) • Files reports of rape, sexual assault, domestic or relationship violence • Office of the Dean of Students (575-646-1722) • Doña Ana County Sheriff’s Office—Victim Assistance Unit (575-528-4111)

42. Where to go at NMSU-Carlsbad Report • Vice President for Student Services (575-234-9220) • Student Counseling Services (575-234-9265) • Carlsbad Police Department (575-885-2111) • NMSU Police Department (575-646-3311) • File a police report • Meet with the Victim Service Coordinator, Amanda Bowen (575-646-3424) • NMSU Office of Institutional Equity (575-646-3635) • Files reports of rape, sexual assault, domestic or relationship violence • Office of the Dean of Students (575-646-1722)

43. Where to go at NMSU-Grants Report • Vice President for Student Services (505-287-6628) • Lead Advisor (505-287-6629) • Grants Police Department (505-287-2983) • NMSU Police Department (575-646-3311) • File a police report • Meet with the Victim Service Coordinator, Amanda Bowen (646-3424) • NMSU Office of Institutional Equity (575-646-3635) • Receives reports of rape, sexual assault, domestic or relationship violence • Office of the Dean of Students (575-646-1722)