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Sexual Misconduct

Committed to a Safe Campus

Fontbonne University is committed to a safe and healthy campus environment. The University will not tolerate any form of sexual misconduct or relationship violence as covered in the below linked Sexual Misconduct Policy or outlined below. Related Fontbonne University policies and supplemental materials can also be accessed below. Please access these materials for information on policy, reporting options, contact information and various other on/off campus resources.

Introduction

Fontbonne University is committed to promoting an environment that supports its educational mission and preserves the safety and dignity of its members. All members of the university share responsibility for fostering this environment by adhering to standards of conduct. Sexual misconduct, including sexual assault, dating violence, domestic violence and stalking, is a serious violation of these standards. Sexual misconduct is also a form of sexual harassment as prohibited by Title IX of the Education Amendments of 1972 and the university’s policy on discrimination and harassment as found in the Student Handbook. The university will, as with any form of sexual harassment, take appropriate steps to prevent the recurrence of any sexual misconduct, and to correct its discriminatory effects on the complainant and others. The university will not tolerate any form of sexual misconduct or relationship violence as covered in this policy.

This Sexual Misconduct Policy is directed toward the following goals:

  1. To provide prompt, compassionate support for survivors or anyone adversely affected by sexual misconduct
  2. To foster a climate on campus in which reports of sexual misconduct are encouraged and supported
  3. To educate members of the campus community to recognize and report sexual misconduct
  4. To provide a framework in which the needs and decisions of all parties concerned are central in determining further administrative response and assistance and where reports of sexual misconduct are promptly, thoroughly and fairly investigated
  5. To protect the rights of the reporting party, the accused party, and other parties involved in or affected by the situation

Retaliation against a party or witness in the proceeding is proscribed. Retaliation is taking adverse action due to a person’s participation in the process although the making of any false statement can be subject to discipline. Retaliatory actions could be intimidation, threats, coercion or discriminating against any individual for the purpose of interfering with any right or privilege secured by Title IX. Retaliatory actions include, but are not limited to, threats of civil litigation against the Complainant for defamation, or spreading rumors intended to intimidate the Complainant from filing a complaint. Disciplinary action will be taken as necessary. Complaints of retaliation under this process will be addressed in the same manner as if the complaint alleged sexual harassment.

Scope of the Policy

This policy applies to all behavior in which the accused party is a student, faculty, staff or non-university affiliated party. Trained university staff will conduct the investigation and resolution per the procedures contained within the Institutional Policy section 2.1.2.8. University Procedures for Claims of Sex / Gender Discrimination. In the event that the accused party is a third party or other non-university affiliated party, Fontbonne will take appropriate corrective action and determine the appropriate manner of response consistent with the goals of this policy. Law enforcement will be contacted if and when appropriate.

This policy also applies to all acts where the conduct occurs on campus, occurs in the context of university programs or employment or occurs off campus in a space rented or leased by the University.

The requirements of this policy are without regard to the sexual orientation or preference of individuals engaging in sexual activity or sexually exploitative behavior.

All inquiries regarding the application of policies for the prevention of sexual harassment or sexual violence under Title IX should be referred to Fontbonne’s Title IX Coordinator or Deputy Coordinator, as listed below:

Janelle Julian, Title IX Coordinator

Dean of Students

Fontbonne University 

6800 Wydown Blvd.   

St. Louis, MO 63105  

Danielle Doerfler, Deputy Coordinator for Athletics

Associate Athletic Director
Fontbonne University
6800 Wydown Blvd.
St. Louis, MO 63015
(314) 889–4540
ddoerfler@fontbonne.edu

Steve Loher, Deputy Coordinator for Employees

Fontbonne University  

6800 Wydown Boulevard  

St. Louis, MO 63105  

If you are a victim of sexual misconduct, consider the steps below:

  1. Find a safe location away from the perpetrator. Ask a trusted friend to be with you for moral support.
  2. If relationship violence or a sexual assault has occurred, preserve all evidence of the attack.
    • Do not bathe, wash your hands, brush your teeth, eat or smoke.
    • If you are still in the location at which the crime occurred, do not clean or straighten up or remove anything.
    • Write down all the details you can recall about the attack and the perpetrator.
  3. Report the attack to law enforcement immediately. Local authorities can be reached by calling 911 in most areas throughout the U.S.
    • If you want more information, contact the National Sexual Assault Hotlines at (800) 656-HOPE or by visiting www.online.rainn.org. A counselor can help you understand the reporting process.
    • You may also report the attack to Fontbonne’s Department of Public Safety (“DPS”). For immediate assistance, call (314) 599-2947
  4. Seek medical care as soon as possible. Even if you do not have any visible physical injuries, you may be at risk of acquiring a sexually transmitted disease (women may also be at risk for pregnancy).
    • To find a local hospital or healthcare facility that is equipped to collect forensic evidence, contact the National Sexual Assault Hotline (800.656.HOPE). The hotline will connect you to your local crisis center, which can provide information on the nearest medical facility, and in some instances, may send an advocate to accompany you through the evidence collection process.
    • Ask the health care professional to conduct a Sexual Assault Forensic Exam (SAFE).
    • If you suspect you have been drugged, request that a urine sample be collected to preserve evidence.
  5. Speak to a confidential, licensed counselor in the Fontbonne Counseling and Wellness Department.
    • The only university resource that affords complete confidentiality is speaking with a licensed counselor in the Counseling and Wellness Department. Below is the contact information for the director of this department:
      • Director of Counseling & Wellness, (314) 889-1434
  6. Report the incident to one of Fontbonne University’s Reporting Contacts, which include:
    • Any Fontbonne University Public Safety Officer
    • Fontbonne Title IX Coordinator or Deputy Coordinator
  7. Know that what happened is not your fault.
  8. Recognize that healing from an attack takes time. Give yourself the time you need and know that it is never too late to get help.
  9. Consider the interim measures and offers of accommodation that the university will provide as discussed in the “Supportive Measures” section of the Sexual Misconduct Policy.

Upon receiving actual knowledge of sexual harassment, and without the necessity of filing a formal Complaint, the university will immediately contact the Complainant to offer supportive measures at no cost. If a formal complaint is filed, supportive measures will be offered to both the Complainant and the Respondent, without cost. Such measures are not disciplinary in nature and are designed to restore or preserve equal access to education programs. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The university will keep confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the university to provide the supportive measures.

On an emergency basis, the university may remove a Respondent provided that the university first determines, through an individualized safety and risk analysis, that there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of harassment. If such order is issued, the university will promptly provide Respondent with notice of the opportunity to challenge and appeal the decision immediately after removal.

The university may also choose to place a non-student employee Respondent on administrative leave during the entire grievance process.

Consent: Consent is a clear and freely given agreement for sexual contact, made through mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity.

  • Consent is an ongoing process – consent to kissing does not necessarily mean consent to other sexual activity.
  • Consent may be withdrawn at any time. Once an individual has communicated withdrawal of consent, all sexual activity must end.
  • Also, consent to sexual activity on one occasion does not necessarily mean continual consent – everyone involved must give and receive consent to sexual activity every time, even when involved in a long-term relationship or marriage.
  • Saying nothing is not the same thing as consent, and non-resistance is not the same thing as consent.
  • In order for consent to exist, everyone involved must be fully conscious, aware of the situation and free of any coercion.
  • Consent cannot be given by someone who is incapacitated. This includes individuals who are impaired by alcohol or drugs to the extent that it results in incapacitation.
  • In general, the age of consent in Missouri for sexual intercourse is 17 years old. This is the age at which a person can consent to have sex with another person who is also that age or older.

Coercion: Coercion is any kind of pressure or persuasion used to influence a person’s decision to engage in sexual activity. Coercion can be physical, verbal, or emotional.

  • Physical coercion is the most recognizable kind of pressure and includes actions such as holding someone down or continued kissing or sexual activity even when being told “no” or being pushed away.
  • Verbal coercion includes behaviors like threats of physical violence, blackmailing, lying, name-calling or asking repeatedly for sexual involvement even after being told “no.”
  • Emotional coercion is the most subtle type of pressure and includes actions like making someone feel obligated or guilty for not wanting to engage in sexual activity using peer pressure, threatening to break up, etc.

Dating or Relationship Violence: Assault committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

Domestic Violence: Violent acts committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Sexual Assault: Sexual assault is any sexual contact, including but not limited to intercourse (rape) that occurs without consent and/or through intimidation, force or coercion. Sexual assault is not about sex or an assailant’s sexual desires. It’s about exerting power and control over another person. This means that regardless of how someone dresses or acts, or where, or how, they choose to spend their time, a person who is sexually assaulted is never to blame for the assault. The only person responsible for the assault is the assailant.

  • Sexual assault can happen to both men and women, and both men and women can be sexual assailants. It also can happen between people of the same sex.
  • Sexual assault can occur between strangers or people who know each other, even those who are in a long-term relationship or married.

Sexual Violence: Sexual violence is a non-consensual conduct of a sexual nature. Anyone can be a victim or a perpetrator. Sexual violence can be committed by strangers or a person familiar to you, including an intimate partner.

Stalking:  Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  • fear for his or her safety, or the safety of others; or
  • suffer substantial emotional distress.

The university encourages all university members to promptly report all incidents of sexual misconduct as soon as possible in order to maximize the university’s ability to respond promptly and effectively.  The university does not, however, limit the time frame for reporting. Different employees on campus have different abilities to maintain a victim’s confidentiality. The only university resource that affords complete confidentiality is speaking with a licensed counselor in the Counseling and Wellness Department. Below is the contact information for the director of this department:

  • Director of Counseling & Wellness, (314) 889-1434

While a student may report an incident to a person of his or her choice, the university has designated the following reporting contacts to receive reports of sexual assault or relationship violence. All other university employees, if made aware of an incident of sexual misconduct, are required to report the information to a reporting contact designated by the university. These reporting contacts are individuals at the university who have been designated to receive a report of sexual assault or relationship violence. The designated reporting contacts are:

  1. Any Fontbonne University Public Safety Officer
  2. Title IX Coordinator or Deputy Coordinator

A reporting party may choose to make a report to the university and may choose to make a report to law enforcement.  The reporting party may pursue either or both of these options at the same time. 

Confidentiality and Requests for Anonymity

The university will treat information that it receives in a manner that respects both the reporting party and the accused party. Recognizing that sexual assault can include criminal acts that violate the security of the entire campus community, there may be instances where the university has a responsibility to investigate or disclose information regarding the circumstances related to a specific incident. Campus and reporting party safety considerations will be balanced with the privacy interests of all involved, as well as the applicable legal requirements, when making decisions regarding such investigations and disclosures. The university’s ability to act to protect the interests of the reporting party and other students is limited by the information provided to it. The university’s ability to respond to a report of sexual assault may be limited if the reporting party insists that his or her name, or other identifiable information, not be disclosed. *(Reports that are made anonymously or by third parties may not initiate the formal complaint system.) The university will evaluate a request for anonymity in the context of its responsibility to provide a safe and non-discriminatory environment for the campus community. Additionally, while the reporting party is under no obligation to reveal the identity of the accused party, the reporting party will be encouraged to do so in the interest of protecting all members of the university community and preventing future incidents of sexual assault.

Amnesty for Individuals Reporting Violations of this Policy

The university strongly encourages students to report incidents that may violate this policy. Therefore, an individual student who in good faith reports alleged incidents of sexual misconduct, participates as a witness in sexual misconduct investigations, or seeks medical assistance for himself, herself, or another will not be subject to disciplinary sanctions by the university for their own personal consumption or possession of alcohol or drugs at or near the time of the reported incident, provided that such violations did not and do not place the health or safety of any other person at risk. The university may, however, initiate an education discussion or pursue other educational remedies regarding the use of alcohol or other drugs.

Anonymous Reporting

If you would like to make an anonymous report to the Department of Public Safety of an incident related to sexual assault, please see the Anonymous Report Form which is available via the Fontbonne website under Public Safety. *(Reports that are made anonymously or by third parties may not initiate the formal complaint system.)

Counseling
To schedule an appointment with Therese Jacques, LPC, please call or visit:

(314) 889-1434 
Ryan Hall, 103
Mon–Fri, 8:30am–4:30pm

Public Safety
For after-hours support, please contact the Department of Public Safety, who will contact a Fontbonne counselor for immediate assistance:

(314) 599-2947

Resources on campus safety may also be found online by visiting the Department of Public Safety (DPS) webpages.

Student Affairs
Further information regarding student services and resources may be found by contacting the Department of Student Affairs as well.

Janelle Julian
Associate Vice President for Student Affairs
(314) 889- 8057
Jjulian@Fontbonne.edu
Ryan Hall, 308
Mon–Fri, 8:30am–4:30pm

Residential Life
Students may always approach situations of concern with a Resident Assistant (RA); however, both the Residence Hall Director (RHD) and Director of Residential Life are also available by appointment.

Karmen Tovar
Area Coordinator
(314) 719- 8037
ktovar@Fontbonne.edu
Medaille Hall, 1st floor
Mon–Fri, 8:30am–4:30pm

 

AJ Friedhoff
Director of Residential Life
(314) 889-1429
afriedhoff@fontbonne.edu
Medaille Hall, 4th floor
Mon–Fri, 8:30am–4:30pm

  1. St. Mary’s Hospital
    (314) 768-8000
    A sexual assault nurse examiner will be available.
  2. YWCA St. Louis Regional Sexual Assault Center
    (314) 726-6665
    Rape Hotline: (314) 531-7273
    This is a 24-hour hotline providing support on the phone or in person, information, resource, and survivor support services.
  3. Alternative to Living in Violent Environments (ALIVE)
    (314) 993-2777
  4. Crime Victim Advocacy Center of St. Louis
    (314) 652-3623
  5. Legal Advocates for Abused Women (LAAW)
    (314) 664-6699 or (800) 527-1460
  6. Safe Connections
    (314) 531-2003
    This is a 24-hour crisis hotline available to assess safety needs and provide emotional support. Interpreters in over 140 languages are available. Counseling and support services are also available.
  7. St. Louis County Local Domestic Violence Resources
  8. St. Louis Domestic and Family Violence Council Resources For Domestic Violence Victims
  9. UMSL Center for Trauma Recovery
    (314) 516-6737
  10. United Way Information and Referral Service
    Dial 2-1-1 or (800) 427-4626
  11. Victim Service Division, St. Louis County
    (314) 615-4872
  12. Women’s Safe House
    (314) 772-4535
  • Below is a sampling of educational programs and training opportunities Fontbonne provides to help students and staff understand how to recognize and report sexual misconduct. Contact the Office of Counseling and Wellness for further information.
  • Alcohol Awareness Week (observed in October): Interactive Fall activity that attempts to educate participants about alcohol’s influence on varying body types and genders, demonstrates perception challenge through the utilization of impairment goggles, and challenges social norms of the alcohol culture through various activity booths. (BACCHUS materials provided.)
  • Consent and Respect: Online training tool used to educate Fontbonne University’s campus about policies and resources regarding sexual misconduct.
  • (Bystander Intervention): Bystander-intervention-based training process that emphasizes the community response aspect in order to reduce violence on campus.
  • Intimate Partner Awareness Month (November): Students will learn about what it means to have a healthy relationship, consent and healthy sexual relationships, and more. College is all about new experiences; the start of a new life, new friends, new freedom, and new relationship experiences.  Aspects of unhealthy relationships and consent are reviewed.  Throughout the month, information and resources are provided across campus.
  • Safer Spring Break: Interactive Spring activity, similar to Alcohol Awareness Week activities (above), provides a general perspective in its approach to challenge social norms of the alcohol culture; however, special emphasis is given to providing safety lessons and tips for international and domestic travel during Spring Break. (BACCHUS materials provided.)
  • Step UP! (Bystander Intervention): Bystander-intervention-based training process, similar to Green Dot Training (above), that targets alcohol, bias/discrimination, mental health, and sexual assault concerns.
  • Students Thinking and Acting Responsibly and Safely (STARS):
  • The STARS (Students Thinking and Acting Responsibly and Safely) are a student-based initiative that focuses on peer relationship interactions. STARS are trained in recognizing mental health, sexual assault and alcohol issues and knowing how to connect students with resources for help.

A student’s complaints of discrimination on the basis of race, color, religion, age, gender, gender orientation, national or ethnic origin, or disability, including complaints of racial, sexual or other unlawful harassment, may be filed with the:

U.S. Department of Education
Office for Civil Rights
8930 Ward Parkway, Suite 2037
Kansas City, Missouri 64114
Phone: (816) 268-0550; TDD: 1 (800) 437-0833; Email: ocr.kansascity@ed.gov

The Federal Campus Sexual Assault Victims’ Bill of Rights:

  • Survivors shall be notified of their options to notify law enforcement.
  • Accuser and accused must have the same opportunity to have others present.
  • Both parties shall be informed of the outcome of any disciplinary proceeding.
  • Survivors shall be notified of counseling services.
  • Survivors shall be notified of options for changing academic and living situations.

The Campus Sexual Assault Victims’ Bill of Rights was signed into law by President George Bush in July of 1992. This law requires that all colleges and universities (both public and private) participating in federal student aid programs afford sexual assault victims certain basic rights. Schools found to have violated this law can be fined up to $35,000 or lose their eligibility to participate in federal student aid programs. Complaints about schools that have filed to comply with this law should be made to the U.S. Department of Education.

The “Campus Sexual Assault Victims’ Bill of Rights” exists as a part of the campus security reporting requirements, commonly known as the Jeanne Clery Act.

Additional Resources from the U.S. Department of Education’s Office for Civil Rights:

How to Provide Support
If you suspect that someone you know has been a victim of sexual assault, keep in mind the following:

There is no one way to identify if someone has been sexually assaulted unless he or she, or someone close to him or her, specifically tells you that this has occurred. However, there are several signs/symptoms of rape trauma (a type of post-traumatic stress) which may help you to identify if a friend needs help:

  • Sleep disturbances: nightmares, difficulty falling or staying asleep
  • Change in appetite
  • Irritability or outburst of anger
  • Difficulty concentrating
  • Fear about personal safety
  • Exaggerated startle response (jumps at a small noise or if their name is calleD)
  • Numbness, uncommunicative
  • Depression/feelings of hopelessness
  • Difficulty being touched or expressing loving feelings
  • Withdrawal or not interested in participating in activities they once enjoyed (doesn’t feel like going out, going to movies, seeing friends, volunteering or participating in student groups, etc.)
  • Seems detached from others

No one expects you to be a trained rape counselor, but there are things you can do to help your friend to cope and to find help:

  • Always ensure that your friend is safe.
  • Remember that your role is NOT to define or prove the assault. The most helpful thing that you can do is to remain supportive while referring your friend to campus or community agencies.
  • You do not have to have all of the answers. If someone discloses to you, it usually means that you are someone they trust. Often, they just want to be heard.

Though there is not one “right” way to respond to someone who has been sexually assaulted, the following may serve as a general guideline.

Helpful Responses:

  • Believe your friend.
  • Maintain a calm manner.
  • Listen without interrupting. Encourage your friend to take whatever time is necessary.
  • Respect the language your friend uses to identify what’s happened.
  • Understand that individuals from different backgrounds may express or experience reactions to an assault in different ways.
  • Validate your friend’s experience or reactions.
  • Remind your friend that he or she is not at fault.
  • Help your friend identify other safe people in his or her existing support system.
  • Encourage your friend to seek medical attention and counseling.
  • Allow your friend to make his or her own decisions.

Some common responses to sexual assault are not helpful. These responses are part of a natural attempt to gain control over the situation and cope with your own feelings about rape, but they are ultimately not useful in helping the survivor to get help or to recover.

Unhelpful Responses:

  • Asking questions that imply blame or question the survivor’s actions.
    • What were you doing there?
    • Why did you drink so much?
    • Why didn’t you ask someone to walk you to your car?
    • Why did you go to his room?
    • Questions like these may make the person feel blamed or guilty, and may decrease the chances of their willingness to speak to a counselor who can help them.
  • Asking for details about what happened or too many probing questions.
    • You can be just as helpful without knowing the details of what happened. You can be most helpful by helping to get the assault survivor to a counselor who can assist your friend.
  • Blaming or judging (e.g., “You shouldn’t have had so much to drink”).
  • Dismissing feelings or minimizing the experience (e.g., “You should just forget about it”).
  • Telling others about the assault or gossiping about it.
    • Unless you have the survivor’s permission and are making a referral to someone in a professional capacity, do not talk to others about the assault. It is critical that you respect the confidentiality of the person who has been assaulted. Their trust in themselves and others has already been severely damaged by assault. You don’t want to accidentally make things worse.
  • Telling the survivor what to do—they need to feel in control of what is happening to them.
  • Trying to “fix” the problem (e.g., pressuring to make a report or take certain actions).
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