Student Handbook

Gender-Based Misconduct

This policy is adapted from the model policies and code authored by the National Center for Higher Education Risk Management (www.ncherm.org).  Use of this model policy has been licensed to Hendrix College for its Code of Conduct.  All other use is strictly reserved to NCHERM under its copyright.  Adaptation, use or copying of this code by any institution other than Hendrix College is not permitted without express written authorization by the copyright holder. 

Hendrix College believes in a zero tolerance policy for gender-based misconduct.  When an allegation of gender-based misconduct is brought to the administration, and a respondent is found to have violated this policy, sanctions will be used to address the misconduct.  All members of the community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The Hendrix College Gender-Based Misconduct Policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated.  This policy is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated.

RELATIONSHIP VIOLENCE OFFENSES INCLUDE, BUT ARE NOT LIMITED TO:

            1. Dating Violence
            2. Domestic Violence
            3. Stalking

Relationship Violence Charges

1. Dating Violence

• Violence committed by a person who is or has been in a social relationship of a romantic nature with the victim. Dating violence includes sexual or physical abuse or the threat of such abuse.

  • The existence of such a relationship shall be based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

  • Dating violence does not include acts covered under the definition of domestic violence.

2. Domestic Violence

  • Felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child, or a person cohabitating with the victim OR
  • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; 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 in which the crime of violence occurred.

3. Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to either fear for his or her safety or the safety of others or suffer substantial emotional distress.

Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.

Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

Sexual Assault

  • An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim if incapable of giving consent.”

          What to do if you are the victim of gender-based violence

          Get to a Safe Place Quickly - If the perpetrator is still in the area, or his or her presence on campus is threatening, call the Hendrix Public Safety Department (501-450-7711) or use a blue light emergency phone, or call the Conway Police Department (911)

          2. Contact Someone to Help - Contacting a supportive friend or family member, or a professional resource can be helpful when recovering from gender-based misconduct 

          3. Preserve Physical Evidence – If you have been assaulted, you may have evidence of the assault and the perpetrator’s identity left on your body. It is important not to bathe or shower to preserve evidence. If you have been sexually assaulted, it is important to not douche or even use the bathroom if possible. If you are being stalked, preserve any information that provides proof of the behavior. Preserving evidence may help prove an offense occurred and aid in obtaining a protection order.

          4. Seek Timely Medical Attention – If you have been injured, you are encouraged to go for a medical exam as soon as possible because injuries should be treated promptly and evidence deteriorates quickly.

          5. Develop a safety plan- If you are experiencing relationship violence, then developing a safety plan is important. This includes things like changing your routine, arranging a place to stay, and having a friend or relative go places with you. Also, decide in advance what to do if the stalker or abuser shows up at your home, work, school, or somewhere else. Memorize important phone numbers, such as the people to contact or places to go in an emergency. Keep spare change, calling cards, or a cell phone handy for immediate access to communication. Have money available for transportation if you need to take a taxi to escape.

          Programs to prevent sexual misconduct and relationship violence

          Hendrix College provides programming to students and employees to prevent sex offenses, dating violence, domestic violence, and stalking. These programs include primary prevention awareness programs directed at incoming students and new employees and ongoing prevention and awareness campaigns directed at students and employees. We are committed to providing such programs that are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research or assessed for value, effectiveness, or outcome. In planning and implementing these programs we consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels.

          These programs are sponsored by diverse departments and organizations on campus. For example, the Human Resources department provides programming for incoming employees. The Office of Student Activities and the Dean of Students Office provides programming for incoming students. Ongoing programming is provided by these departments and other departments and organizations throughout campus, including Residence Life, the Coalition on Gender and Sexuality, and Counseling Services. Examples of programming include freshmen orientation events Choices 101 and 102, sexual harassment training provided to employees, including student employees, the Take Back the Night event, and the posting and distribution of informational posters and brochures.

          Contact Person for Title IX Inquiries

          If you have questions about your rights under Title IX, or if you feel your rights have been violated under Title IX, you may contact the Hendrix College Title IX Coordinator, Shawn Goicoechea at 501-450-1494.

          The following are Arkansas state laws pertaining to sexual assault, domestic violence, dating violence, and stalking:

           

          Sexual Assault - is a generic term that is defined as any involuntary sexual act in which a person is threatened, coerced, or forced to engage against his/her will to include (but not limited to rape, acquaintance rape, date rape, and gang rape).

           

          Arkansas legal definition of rape - A person commits rape if he/she engages in sexual intercourse or deviant sexual activity with another person: (a) by forcible compulsion; (b) who is incapable of consent because he/she is physically helpless; or, (c) who is less than fourteen (14) years old (the assailant must be two years older than the victim for this to apply); or (d) where the victim is less than sixteen (16) years old and is incapable of consent because of being mentally defective or mentally incapacitated. Rape is a Class Y 114 felony.

           

          Arkansas legal definition of sexual misconduct – A person commits sexual misconduct if he/she engages in sexual intercourse or deviate sexual activity with another person not his/her spouse who is less than sixteen (16) years old. Sexual misconduct is a Class B misdemeanor.

           

          Acquaintance rape refers to a rape committed by a non-stranger who is known to the victim, and can include a friend, acquaintance, family member, neighbor, classmate, or co-worker.

           

          Date rape refers to a type of acquaintance rape where the victim has consented to accompany or go on a date with the perpetrator.

           

          Gang rape is a rape that involves more than one perpetrator.

          The Arkansas statute on rape is genderless, which means that both men and women can be rape victims and perpetrators. Sexual assault can occur whenever consent is not freely given by the victim; whenever the victim fears that he/she will be injured if he/she does not submit; whenever the victim is incapable of giving consent or resisting due to alcohol or drugs; and whenever the perpetrator uses physical force, threat, coercion, or intimidation to overpower the victim.

           

          Incest occurs when a person, being sixteen (16) years of age or older, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be: (1) An ancestor or a descendant;
          (2) A stepchild or adopted child; (3) A brother or sister of the whole or half blood; (4) An uncle, aunt, nephew, or niece; or(5) A stepgrandchild or adopted grandchild. Incest is a Class C felony.

             

          SEXUAL ASSAULT

           

          Sexual assault in the first degree occurs when the person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor's spouse and the actor is (A) Employed with the Department of Correction, the Department of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Department of Correction, the Department of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents; (B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or (C) An employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the and uses his or her position of trust or authority over the victim to engage in sexual intercourse or deviate sexual activity.
          Sexual assault in the first degree is a Class A felony.

           

          Sexual assault in the second degree occurs when (a) A person (1) Engages in sexual contact with another person by forcible compulsion; (2) Engages in sexual contact with another person who is incapable of consent because he or she is: Physically helpless; Mentally defective; or Mentally incapacitated;  (3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is: Less than fourteen (14) years of age; and not the person's spouse.
          Sexual assault in the second degree is a Class B felony.
          Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is: Less than fourteen (14) years of age; and not the person's spouse.

             

          Sexual assault in the third degree occurs when a person engages in sexual intercourse or deviate sexual activity with another person who is not the actor's spouse, and the actor is: (A) Employed with the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail; (B) Employed or contracted with or otherwise providing services, supplies, or supervision to an agency maintaining custody of inmates, detainees, or juveniles, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail; or (C) A mandated reporter under § 12-18-402(b) or a member of the clergy and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or being a minor, engages in sexual intercourse or deviate sexual activity with another person who is: less than fourteen (14) years of age; and not the person's spouse.
          Sexual assault in the third degree is a Class C felony.

           


          Sexual assault in the fourth degree occurs when a person being twenty (20) years of age or older: (A) Engages in sexual intercourse, deviate sexual activity, or sexual contact with another person who is:less than sixteen (16) years of age; and not the person's spouse; or

          Sexual assault in the fourth degree under subdivisions (a)(1)(A) and (a)(2) is a Class D felony.Sexual assault in the fourth degree under subdivision (a)(1)(B is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(1)(B).

               

          DOMESTIC VIOLENCE

           

          Domestic battering in the first degree.
          (a) A person commits domestic battering in the first degree if: (1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon; (2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member's body, the person causes such an injury to a family or household member; (3) The person causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life;  (4) The person knowingly causes serious physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger; or  (5) The person:  (A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305; and (B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction.

          Domestic battering in the first degree is a Class B felony.

          However, domestic battering in the first degree is a Class A felony upon a conviction under subsection (a) of this section if: (A) Committed against a woman the person knew or should have known was pregnant; or (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the first degree: Domestic battering in the first, second, or third degree or a violation of an equivalent penal law of this state or of another state or foreign jurisdiction.


          Domestic battering in the second degree.

          (a) A person commits domestic battering in the second degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member; (2) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a deadly weapon; (3) The person recklessly causes serious physical injury to a family or household member by means of a deadly weapon; or  (4) The person knowingly causes physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger.
          Domestic battering in the second degree is a Class C felony.

          However, domestic battering in the second degree is a Class B felony if: (A) Committed against a woman the person knew or should have known was pregnant;(B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the second degree: Domestic battering in the first, second, or third degree or a violation of an equivalent penal law of this state or of another state or foreign jurisdiction or (C) The person committed two (2) or more offenses of battery against a family or household member as defined by a law of this state or by an equivalent law of any other state or foreign jurisdiction within ten (10) years of the offense of domestic battering in the second degree.

             

          Domestic battering in the third degree.

          (a) A person commits domestic battering in the third degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member; (2) The person recklessly causes physical injury to a family or household member;(3) The person negligently causes physical injury to a family or household member by means of a deadly weapon; or (4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance.

          Domestic battering in the third degree is a Class A misdemeanor.

          However, domestic battering in the third degree is a Class D felony if:(A) Committed against a woman the person knew or should have known was pregnant; (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the third degree: Domestic battering in the first, second, or third degree or a violation of an equivalent penal law of this state or of another state or foreign jurisdiction , aggravated assault on a family or household member, § 5-26-306; or (C) The person committed two (2) or more offenses of battery against a family or household member as defined by a law of this state or by an equivalent law of any other state or foreign jurisdiction within ten (10) years of the offense of domestic battering in the second degree.

             

          DATING VIOLENCE

           

          Dating violence: Arkansas state statutes do not address dating violence separately from domestic violence and assault and battery.

             

          STALKING

           

          Stalking.

          (a)  (1) A person commits stalking in the first degree if he or she knowingly engages in a course of conduct that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety, and the actor: (A) Does so in contravention of an order of protection consistent with the Domestic Abuse Act of 1991, § 9-15-101 et seq., or a no contact order as set out in subdivision (a)(2)(A) of this section, protecting the same victim, or any other order issued by any court protecting the same victim; (B) Has been convicted within the previous ten (10) years of:(i) Stalking in the second degree; (ii) Terroristic threatening, § 5-13-301 or terroristic act, § 5-13-310; or (iii) Stalking or threats against another person's safety under the statutory provisions of any other state jurisdiction; or (C) Is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon.

          Stalking in the first degree is a Class C felony.

          (b)  (1) A person commits stalking in the second degree if he or she knowingly engages in a course of conduct that harasses another person and makes a terroristic threat with the purpose of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family.

           Stalking in the second degree is a Class D felony.

          (c)  (1) A person commits stalking in the third degree if he or she knowingly commits an act that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety.

           Stalking in the third degree is a Class A misdemeanor.



              





                                  Student Handbook Contact Info

                                  Jim Wiltgen
                                  Dean of Students
                                  (501) 450-1222
                                  wiltgen@hendrix.edu

                                  Kesha Baoua
                                  Assoc. Dean of Students;
                                  Director of the Office of Student Rights and Responsibilities
                                  (501) 450-1222
                                  baoua@hendrix.edu

                                  De Ann Huett
                                  Administrative Assistant 
                                  (501) 450-1222
                                  huett@hendrix.edu

                                   

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