Student Handbook

Gender-Based Misconduct Policy

Notice of non-discrimination

Hendrix College strives to maintain an environment free from discrimination and harassment, where employees treat each other with respect, dignity and courtesy.  The College adheres to the principle of equal educational and employment opportunity without regard to age, race, color, gender, disability, religion, sexual orientation, gender identity or expression, genetic information, or national origin.  

Title IX Staff

Title IX Coordinator: Shawn Goicoechea, goicoechea@hendrix.edu, Human Resources, 1545 Washington Ave, 501-450-1415
Title IX Investigator & Education Coordinator: Dr. Allison Vetter, vetter@hendrix.edu, SLTC 150

Title IX Deputies: Vicki Lynn, VP of Human Resources; Dr. Terri Bonebright, Provost of the College; Jim Wiltgen, Dean of Students; Kesha Baoua, Associate Dean of Students and Director of Student Rights and Responsibilities; Amy Weaver, Director of Athletics

Upon notice of alleged gender-based misconduct, the College will consider this violation under the Gender-based misconduct policy (GBM) prior to any other campus policy.  In the event an allegation or issue is not to be addressed as a violation of this policy it will be forwarded to the Dean of Student’s office to be evaluated under other student handbook policies to determine if a violation beyond the scope of this policy occurred and general College conduct policies will be applied.  This policy will apply to any cases of Gender-based Misconduct in which a student is the respondent. For any case in which an employee is the respondent please refer to the process and procedures outlined in the employee handbook.

Contents

Overview:  A summary of policy coverage area and key concepts.

Remedies & Support Services: Remedy and support offered to students. Available regardless of whether a conduct process proceeds. Includes information on no-contact orders and campus bans.

Student Rights & Responsibilities: Outlines all parties’ rights in the GBM policy/process

Reporting and Investigation Procedures: The process and procedures of this process from the time of a report to the outcome.

Retaliation & related behavior: Defines retaliations and process for addressing it.

Definitions:  Key policy definitions which will be used in evaluating claims under the policy. Includes list of potential conduct charges.

Faculty/Staff Relationships: Discusses faculty/staff – student relationships and claims involving faculty/staff.

Bystander Intervention & Other Tips: Helpful ways to stay safe and be a member of the community that keeps campus safe.

Reference - Legal Definitions: This section is intended for information only.

Overview

All members of the College community are expected to conduct themselves in a manner that does not infringe upon the rights of others.  Upon notice of gender-based discrimination or sexual misconduct as described by this policy, protective and other remedial measures will be taken, as appropriate, to end the conduct, remedy the effects on individuals and the Hendrix community, and prevent recurrence. Remedies include serious sanctions when a responding party is found to have violated this policy. 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 College community expectations and to establish a mechanism for determining when those expectations have been violated.

The expectations of our College community regarding sexual misconduct can be summarized as follows:  In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing, and voluntary consent prior to and during sexual activity.  Consent is permission. Consent can be given by word or demonstrated by action, but non-verbal consent is not as clear as talking about what you want sexually and what you don’t want.  Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Previous consent or a sexual or intimate relationship does not imply consent to sexual activity in the future. Silence or passivity -- without actions demonstrating permission -- cannot be assumed to show consent. Consent, once given, can be withdrawn at any time. There must be a clear indication that consent is being withdrawn.  (For more on consent please refer to the appropriate definition included in this policy.)

Additionally, there is a difference between seduction and coercion.  Coercing someone into sexual activity violates this policy in the same way as physically forcing someone into sex. (For more on coercion refer to the appropriate segment of the “force” definition included in this policy.)

Alcohol or other drug use can place the capacity to consent in question. When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they are incapacitated, meaning they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing.  Anything but a clear, knowing and voluntary consent to any sexual activity is equivalent to a “no.” (For more on incapacitation see definition below). 

The College encourages any individual who has been subject to non-consensual sexual contact of any kind or harassment to report that to the College.  Hendrix College Public Safety can be reached by dialing 501-450-7711 and is available 24/7.  In order to provide sensitive personal information to as few people as possible during the reporting phase it is recommended that students report incidents to Allison Vetter (SLTC  150), Title IX Investigator and Education Coordinator or Shawn Goicoechea (1545 Washington Ave), Title IX Coordinator.  A conversation with a Title IX official does not require an individual proceed with conduct charges or the process outlined below, however the determination as to whether to proceed with conduct charges against an individual ultimately lies with the College and campus safety may require the institution to proceed regardless of a reporting party’s desire to participate in the process. The College is committed to the preservation of the rights of both the reporting party and the student in question, including the right to confidentiality insofar as legal requirements and issues of individual and community safety allow, the right to the presumption of innocence, and the right to a fair and timely conduct process.

When disclosing gender-based misconduct crime statistics required for the Clery Act, no names or personally identifiable information about the reporting party will be disclosed. College officials will maintain confidential any remedies or interim measures provided to the complainant, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the remedies or protective measures.   

Except as specified below, all faculty, adjunct instructor or administrative staff (including coaches) at Hendrix College are mandatory reporters and required to immediately notify the Title IX Coordinator, Investigator or Deputies of actual or suspected gender/sex discrimination or sexual misconduct including any report they receive. As such these individuals should be prepared to explain their reporting obligations prior to receiving any information that is required to be disclosed.  

Some resources/individuals on campus are not required to provide information to Title IX officials and are therefore considered anonymous resources. Anonymous resources for support are:

  • On-campus licensed professional, counselors and staff (Student Counseling services)
  • On-campus health service providers and staff (Student Health Services)
  • Campus Chaplain

Interim Measures & Support Services

The College will provide assistance to reporting and responding parties to change academic, living, transportation, and/or working situations if you request those changes and they are reasonably available. This assistance is available whether or not a crime is reported to Public Safety, or local police.  Interim measures and support are available to the complainant prior to and during a conduct process and to respondents during the conduct process.

If a student or employee reports experiencing gender-based discrimination or sexual misconduct, whether the offense occurred on or off campus, to the Title IX Coordinator, Title IX Investigator and Education Coordinator, Human Resources, or the Dean of Students Office, then those offices will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the Hendrix community and the Conway community. If a student or employee reports experiencing gender-based misconduct to another individual or department, then that reporting party has a right to receive the same information listed above in writing. In these cases, the individual taking the report, or the appropriate office may provide the written information.

Support Services

Students who have experienced an issue related to this policy are encouraged to seek support through on-campus and off-campus services.  Students may contact the campus Counseling Center on-campus at 501-450-1448 to schedule an appointment with a campus counselor.  There is no charge for this service.  Students may also choose to contact support agencies off campus which include the following:

If you have a safety related need right now:

          Conway Police Department (for emergencies) – 911

          Hendrix College Public Safety – 450-7711

          Residential Life Professional Staff – 450-1416

For any person needing support in the GBM process (reporting student, respondent, witness, or support person):

          Student Counseling Services – 450-1448

          Hendrix Health Services – 450-1448

          Chaplain’s Office – 450-1263

          Dean of Students Office – 450-1222

Hendrix Office of International Student Services (501-450-1265) for visa and immigration assistance

Hendrix Office of Financial Aid (501-450-1368) for student financial aid assistance

Arkansas Crisis Center – 1-888-274-7472

Arkansas Legal Services Partnership at (1-800-952-9243) or   http://www.arlegalservices.org/ or for legal assistance 

Additional services available:

Rape Crisis Hotline (501-801-2700) or (877-432-5368)

Hope Reinn National Sexual Assault Hotline (800-656-4673)

Faulkner County Prosecuting Attorney’s Victim Services Center (501-450-3051)

National Center for Victims of Crime  www.victimsofcrime.org

24-hour Conway Women’s Shelter Crisis Hotline (866-358-2265)

Orders of Protection

Hendrix No-Contact Order: Students are entitled to seek a no-contact order from the College that imposes reasonable restrictions on student contact.  In the reporting processes the Title IX Investigator will discuss a no-contact order with you as part of normal operating procedure. The Dean of Students office will issue the no-contact order. Students should contact the Dean of Students office at 501-450-1222, visit the office, or email Dean Baoua at Baoua@hendrix.edu or Dean Wiltgen at Wiltgen@hendrix.edu for this request if they need assistance and do not plan to discuss their concern with the Title IX Investigator. This is a College-issued no-contact order and is not the same as a legal restraining order issued by law enforcement or a court.  

Legal Order of Protection: Students may also pursue an Order of Protection from the Faulkner County Prosecuting Attorney’s Office. The Victim Service Center of the Prosecuting Attorney’s Office should be contacted to pursue this option. The phone number is 501-450-3051. The Dean of Students Office or other member of the Title IX team will assist in pursuing an Order of Protection by providing information about the process as requested. Students should contact the Dean of Students office at 501-450-1222, visit the office, or email Dean Baoua at Baoua@hendrix.edu,Dean Wiltgen at Wiltgen@hendrix.edu  or Dr. Allison Vetter at vetter@hendrix.edu

Student Rights & Responsibilities in GBM process

Gender-based misconduct proceedings must be conducted by officials who do not have a conflict of interest or bias for or against either party.  Requests for recusal of an investigator or panel member must be submitted in writing to the Title IX Coordinator. In the event the Title IX Coordinator is the individual whose recusal is being requested please submit the request to the President of the College who will assign the task of determining the merit of the recusal to an appropriate deputy for consideration.

Confidentiality in the process:

Information provided for review to the complainant and respondent is to be accessed and used only by the respondent, complainant, their advisor, and the employees of the College assigned to adjudicate and monitor the process. Distribution of any document or other verbatim reproduction of any information provided by the College or other party in this process will result in immediate disciplinary action. Charges will be evaluated and may include retaliation under the GBM policy, or failure to comply with the directions of the College under normal College conduct procedures.  Distribution of confidential information undermines the process of adjudicating and resolving policy violations on campus and will not be tolerated.

The respondent has the right to:

Be charged with a specific violation of College standards or policies in order to adequately prepare his/her case.  It is the right of the Respondent to only answer the charges with which he/she has been charged.

The complainant has the right to:

Right to Present Own Complaint or Use Proxy.  The complainant has the right to present his/her own complaint if they want to, or to ask the college to stand as complainant in their place.  A complainant choosing not to participate in a conduct process, or request anonymity in the process, may limit the College’s ability to respond. Upon notice, some situations may require the College to respond against the wishes of the complainant in order to ensure the safety of the campus community.

Amnesty Policy.  The Hendrix College community encourages the reporting of both policy violations and crimes.  Sometimes, complainants or those who witness allegations of misconduct may be hesitant to report to college officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident.  It is in the best interests of this community that as many individuals as possible choose to report to College officials. To encourage reporting, the College pursues a policy of offering complainants and witnesses (including witnesses presented by the respondent) of allegations of misconduct immunity from minor policy violations related to the incident.  

Both complainant and respondent have the following rights:

Present evidence by witness. Non-members of the Hendrix community may present written statements pertinent to the charges in question. If witnesses fail to respond to requests for information or reasonable attempts to conduct interviews or collect statements, the process will progress without that information. Evidence must be pertinent to the charges in question.  Character witnesses are not allowed. Evidence is generally restricted to written reports and witness interviews conducted by the investigator assigned the case.  The complainant and respondent, along with their advisors, will be granted access to all written materials in accordance with the timeline encapsulated in this policy.

The right to an advisor of your choosing. Advisors may not participate in examination of witnesses or presentation of materials or information to the panel members, investigator or appeals person. The advisor’s role is limited to providing support and private advice and consultation to the student who is a complainant or respondent in the GBM process.  Advisors may accompany a complainant or respondent to any meeting related to the conduct case. Advisors of record may review the investigative packet, but are not permitted to copy or record materials in any way. The advisor may not directly question or submit information on behalf of the advisee. The investigator will communicate only directly with complainants and respondents. The advisor may assist the student in preparation of his or her complaint/response, Advisors may be asked to leave any meeting in which their conduct is unprofessional or disrespectful of College officials and if the guidelines for advisor conduct outlined here are not followed. In addition to these specific guidelines for advisors, advisors must follow the timelines and conduct process procedures provided to their advisees.  

Submit questions for all witnesses. Questions must be relevant to the investigation, charges, and may not include prohibited character/sexual history questioning. It is at the discretion of the investigator as to whether questions are allowed/administered, and if questions or their responses are included in the final evidence packet for panel review. 

Right to Know Outcome and Sanctions. If the reporting party is an alleged victim of violence, then the complainant and respondent will receive the outcome and sanctions (when applicable) in writing at the same time. Notification of the outcome will be sent within two (2) working days of the decision of the GBM panel. If there is a change to the outcome, such as when an appeal is filed and accepted, then the Complainant and Respondent will receive the notice of the change in writing at the same time. At the conclusion of such cases, the complainant and respondent will receive the notice of the final outcome in writing at the same time. If the reporting party is not the victim of violence or gender-based misconduct, then the outcome and sanctions will not be disclosed to the reporting party.

Right to Appeal. Both the complainant and the respondent have a right to appeal an outcome. A written request for appeal must be submitted to the Title IX Coordinator within three (3) business days after a conduct decision is rendered. The decision rendered during the appeal is final. There is no appeal of appeals. (For more information on appeals please see the appropriate policy section below)

If the victim is deceased as a result of the violation, the Dean of Students Office will provide the finding(s)to the victim’s next of kin, if so requested in writing.

Attempted Violations.  In most circumstances, Hendrix College will treat attempts to commit any of the violations listed in the Student Code of Conduct as violations of the Student Code of Conduct. 

College as Complainant.  The College reserves the right to initiate conduct proceedings without a formal complaint by the alleged victim of misconduct. In cases in which the accuser is not a member of the Hendrix community, the College will serve as the complainant.  

False Reporting.  Hendrix College will not tolerate intentional false reporting of incidents.  It is a violation of the Student Code of Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.  A panel finding of not responsible is strictly a statement that a panel did not determine an alleged policy violation met the preponderance of the evidence and is not automatic grounds for a claim that a report was intentionally false. Any report determined to have been made in good faith will not be subject to false reporting sanctions.

Group Action.  When members of groups, individuals acting collusively, or members of an organization act in concert in violation of any policy, they may be held accountable as a group, and an investigation and panel deliberation may proceed against the group as joint accused students and/or the organization itself. Charges proceeding against a group do not preclude any individual from facing charges or sanctions as an individual.   

Notice of When Complaint Delivered to Respondent(s).  Complainants are notified as to when notice of the complaint is delivered to the Respondent(s).

No-Contact Order.  Students are entitled to seek a no-contact order that imposes reasonable restrictions on student contact. The Dean of Students or Associate Dean of Students will issue the no-contact order.

Right to Advance Notice of Board Composition and Right to Challenge.  The complainant and respondent will receive advance notice of who will serve on the GBM panel and will be given the right to challenge any member on the basis of actual bias or conflict of interest prior to the start of panel review and deliberation. Any challenge will be decided by the Title IX Coordinator or designee. 

Jurisdiction of the Student Conduct Process. If the complainant is a student, but the accused is a Hendrix faculty or staff member, the case will be processed by Human Resources. If the respondent is a student, but the complainant is a Hendrix faculty or staff member, then in most instances the case will be processed through the Student Gender-based Misconduct Process.

If the accusing individual is not a member of the Hendrix community, but the respondent is a Hendrix student, then the case will be processed through the Student Conduct Process, with the College serving as the complainant if the complaint represents a violation of the process that would result in discrimination. The Student Conduct Process does not have jurisdiction over non-Hendrix community members, so it is unable to process cases in which a Hendrix student accuses a non-Hendrix member of misconduct. However, the Dean of Students office will assist students in filing complaints with the appropriate officials. 


Procedural Rule for Addressing Prior Conduct Violations

While previous conduct violations by the responding student are not generally admissible as information about the present alleged violation, the Dean of Students, Title IX Coordinator or Associate Dean of Students may supply previous complaint information to the panel, or may consider it if he/she is hearing the complaint, only if:

1) The respondent was previously found to be responsible or took responsibility;

2) The previous incident was substantially similar to the present allegation; or

3) Information indicates a pattern of behavior and substantial conformity with that pattern by the responding student.  

Prohibition of sexual history as evidence and character witnesses

Sexual History/Character.  All parties to a complaint have a right not to face questions or discussion of their sexual history or character unless the investigator assigned to the case determines that such information is highly relevant to determining whether the policy has been violated.

Retaliation

Retaliation is defined as any materially adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Retaliation against an individual for reporting an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a serious violation of College policy. Retaliation can occur in-person or online by any member of the Hendrix Community (including a witness, complainant, reporting party, or respondent) or a third party. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator or any Title IX Deputy. Retaliation is considered an independent allegation that may lead to interim measures and/or disciplinary action if found responsible. Reports of retaliation in violation of this policy will be processed under this policy the same as other alleged violations of this policy.   

Definitions

Consent is:

  • clear,
  • ongoing,
  • knowing, and
  • voluntary
  • words or actions,
  • that give permission for specific sexual activity.

o   Consent is active, not passive. 

o   Silence, in and of itself, cannot be interpreted as consent. 

o   Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding willingness to engage in (and the conditions of) sexual activity.

o   Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.

o   Previous relationships or prior consent cannot imply consent between those same individuals to future sexual acts.

o   Consent can be withdrawn once given, as long as that withdrawal is clearly communicated. If there is any question about whether consent still exists, the individuals should clarify that consent still exists. 

o   In order to give consent, one must be at least 16 years old. 

o   Sexual activity with someone you know to be or should know to be incapacitated constitutes a violation of this policy. The question of what the responding party should have known is objectively based on what a reasonable person in the place of the responding party, sober and exercising good judgment, would have known about the condition of the reporting party.

o   The following examples demonstrate how incapacitation can occur:

  • Incapacitation can occur mentally or physically, from developmental disability, by alcohol or other drug use, including prescription drug use, or some combination thereof.
  • Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction).
  • This policy also covers a person whose incapacity results from mental disability, sleep, unconsciousness, involuntary physical restraint, or from the taking of rape drugs.  Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student is a violation of this policy.  

Force:

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes free will or resistance or that produces consent (“Have sex with me or I’ll hit you.  Okay, don’t hit me, I’ll do what you want.”).  

  • Coercion is unreasonable pressure for sexual activity. When someone makes clear to you that they do not want sex, that they want it to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.  Coercion is determined by evaluating the combined effect of the frequency, intensity, duration, and pressure applied. Additionally, isolation of parties at the time of incident in question will be considered as a contextual factor.
  • Duress means a direct or implied threat of force, violence, danger, hardship, or retribution that is enough to cause a reasonable person of ordinary sensitivity to do or submit to something that he or she would not otherwise do or submit to. When deciding whether the act was accomplished by duress, all the circumstances, including the age of the impacted party and his or her relationship to the responding party, are relevant factors.
  • Menace means a threat, statement, or act showing intent to injure someone.

NOTE: There is no requirement for a party to resist the sexual advance or request, but resistance is typically an indication of non-consent.  The presence of force is not demonstrated by the absence of resistance.  Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.

Definition of Offenses

Sexual Misconduct Offenses include, but are not limited to:

          1. Sexual Harassment

          2. Non-Consensual Sexual Intercourse (or attempts to commit same)

          3. Non-Consensual Sexual Contact (or attempts to commit same)

          4. Sexual Exploitation      

Sexual Misconduct Charges

1. Sexual harassment is: 

• Unwelcome,
• Sexual, sex-based and/or gender-based verbal, written, online and/or physical conduct     

Sexual harassment may be disciplined when it takes the form of quid pro quo harassment, retaliatory harassment and/or creates a hostile environment.  

Types of Sexual Harassment:

A hostile environment is created when sexual harassment is:

•        sufficiently severe, or

•        persistent or pervasive, and

•        objectively offensive that it:

•        unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the College’s educational and/or employment, social and/or residential program. 

Quid Pro Quo Harassment is:

•        Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature

•        By a person having power or authority over another constitutes sexual harassment when:

•        Submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational or employment progress, development, or performance.

•        This includes when submission to such conduct would be a condition for access to receiving the benefits of any educational or employment program.

2. Non-Consensual Sexual Intercourse is

          • any sexual intercourse (anal, oral, or vaginal),

• however slight,
• with any object,

          • by a person upon a person,

          • that is without consent as defined by this Policy. 

By way of example, this includes:

vaginal or anal penetration by a penis, object, tongue or finger, and oral penetration or mouth to genital contact, no matter how slight the penetration or contact.

3. Non-Consensual Sexual Contact isz

          • any intentional sexual touching,

          • however slight,

          • with any object,

          • by a person upon a person,

          • that is without consent and/or by force.

Sexual Contact includes:

Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts

4. Sexual Exploitation is:

  • Occurs when one person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.  Examples of sexual exploitation include, but are not limited to:

  • Invasion of sexual privacy;
  • Offering another person for sexual activity for purpose of benefiting oneself;
  • Non-consensual digital, video or audio recording of nudity or sexual activity;
  • Unauthorized sharing or distribution of digital, video or audio recording of nudity or sexual activity;
  • Engaging in voyeurism;
  • Going beyond the boundaries of consent with respect to viewing, recording or transmission (such as letting your friend hide in the closet to watch you having consensual sex);
  • Knowingly exposing someone to or transmitting an STI, STD or HIV to another person;
  • Intentionally or recklessly exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
  • Sexually-based stalking and/or bullying may also be forms of sexual exploitation
  • Removing a condom during sex without the consent of the partner, or “stealthing”

Relationship Violence Offenses

          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.

2. Domestic Violence

  • 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.   

3. Stalking

  • A course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to either fear for his or her safety or the safety of others or suffer substantial emotional distress.

Stalking is the repeated following, watching or harassing of a specific person that would cause a reasonable person to (a) fear for his or her safety or the safety of others, or (b) suffer substantial emotional distress.
 

Reporting and Investigation Procedures

What to do if you believe you have experienced gender-based violence:

1. 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.

How to report gender-based misconduct or discrimination:

Students are encouraged to take reports of gender-based misconduct or discrimination directly to the Title IX Investigator and Education Coordinator (Allison Vetter, SLTC 150) or Title IX Coordinator (Shawn Goicoechea, 1545 Washington Ave) to reduce the number of times they must recount their allegations. 

A report may be made by an individual who is the subject of alleged misconduct, or any member of the campus community that is aware of misconduct.


Discussing potential misconduct, asking questions, seeking support or interim measures does not automatically initiate an investigation into the alleged misconduct.  It is at the discretion of the Title IX Coordinator as to whether conduct charges are pursued.  

Except as specified below, all faculty, adjunct instructor or administrative staff (including coaches) at Hendrix College are mandatory reporters and required to immediately notify the Title IX Coordinator, Investigator or Deputies of actual or suspected gender/sex discrimination or sexual misconduct including any report they receive. As such these individuals should be prepared to explain their reporting obligations prior to receiving any information that is required to be disclosed.  

Some resources/individuals on campus are not required to provide information to Title IX officials and are therefore considered anonymous resources. Anonymous resources for support are:

  • On-campus licensed professional, counselors and staff (Student Counseling services)
  • On-campus health service providers and staff (Student Health Services)
  • Campus Chaplain

Initial report and notification of allegations

Any member of the community who believes they have experienced discrimination or misconduct that violates Hendrix College policy should report that conduct to the Title IX Investigator, Coordinator, or Title IX Deputies listed in this policy.  All reports of discrimination or misconduct will be investigated in a manner that is prompt, thorough, equitable to all parties involved, impartial and fair.

The Title IX Investigator or assigned Deputy who receives the initial report will review the information collected with the Title IX Coordinator and determine if a policy violation is alleged to have occurred. The wishes of the party who has been the subject of misconduct or discrimination (“complainant”) will be considered before proceeding with a formal investigation and conduct process, however it is ultimately the discretion of the Title IX Coordinator as to whether or not the College will proceed with the process outlined here. The College may determine, when considering the safety of the community, that it is necessary to proceed against the wishes or without the participation of the complainant.

The next step will be for each party to have an individual initial meeting.  The complainant and respondent have the right to an advisor at the initial meeting and thereafter.  The purpose of an initial meeting with the complainant and the respondent is to provide individuals will have the opportunity to discuss the investigative process, request interim measures to ensure access to educational programs during the process, learn about support resources, and otherwise ask questions of the Title IX representative without providing a statement for the investigation.

If a party elects to provide a statement about the alleged incident during the initial meeting that statement will be recorded. In general, any information provided about the alleged incident to a College employee not listed as an anonymous resource may be included in the investigative packet.

In cases in which a report provided to the College where a definition of prohibited conduct is alleged to have occurred, the responding party will be contacted to meet with the investigator assigned to the case and receive a notice of allegations.  A no-contact order will generally be put into place at this time as well.  This is considered the initial meeting between the investigator and the responding party and the respondent is not required to make a statement of any kind during this meeting, though they have the option to do so should the desire.  

After initial interviews with complainants and respondents the Investigator will work with appropriate College officials to enact any interim measures deemed reasonable and necessary, assist students in accessing support resources as needed, and determine if a formal investigation will proceed.

If so desired, and the College determines that it is appropriate, a complainant and respondent may both agree to enter into a process of informal resolution mediated by the Title IX Investigator or other deputy. If parties elect the informal process no conduct process may be pursued. The ability to enter into an informal resolution is at the discretion of the Title IX Coordinator and may not be appropriate for more severe charges such as non-consensual sexual intercourse. Informal resolutions may result in sanctions, excluding suspension or expulsion, which are recommended by the coordinator to the Dean of Students and enacted with approval by the Dean of Students Office.

A respondent has the right to be heard and defend themselves against allegations by participating in an investigation. Should a respondent choose they may also accept responsibility for charges at any time during the process at which time the available information, along with any final statements from either party, will be submitted to the GBM panel for determining sanctions.

Investigation

An initial evidence packet will be compiled by the investigator in every case. This will include preliminary evidence including the statements of complainants and respondents, witness interviews, material evidence or information submitted by either party (eg. text messages, social media posts, images, etc).  The initial evidence packet will be provided to the Dean of Students Office for determining which policy violations, if any, a responding student will be charged with.

In the event a charge letter is issued, it will be sent to both the respondent and the complainant by the Dean of Students office. The charge letter will provide both parties relevant information about the timeline for next steps.  After the charge letter is sent, both parties will be contacted by the investigator to provide access to the initial evidence packet.

Upon reviewing the initial evidence packet both the respondent and complainant may submit additional evidence, including witnesses and documents or additional statements.

Complainants and respondents will have four business days to review the evidence packet to submit further information to the investigator.  Once the period for submitting evidence, which will be stated in the charge letter, has ended the information will be compiled and provided to both parties as an investigative packet. At this time no additional evidence may be submitted to the packet unless it was unknown or unavailable and could not have been known or available at the time of the submission period.    

Responding to the Charge

For each charge, a student will be asked to enter a statement of Responsible or Not Responsible, or no contest. 

Responsible Statements

If the student in question accepts responsibility in a gender-based misconduct case, the student will provide a statement for the Gender-Based  Misconduct Panel to determine an appropriate sanction.
By accepting responsibility, the student in question is waiving his or her right to appeal any procedural matters or on the basis of newly discovered evidence. However, either party may appeal based on severity of sanctions.

Not Responsible Statements

If the responding student does not accept responsibility the Gender-Based Misconduct Panel may be convened and a thorough investigation will proceed to provide panelists with all available and relevant information possible.  From this point on the student in question is assumed not-responsible concerning the charges which have been leveled against him or her.  It is the responsibility of the College to collect evidence.

No Contest Statements

If a student is facing possible suspension or expulsion if found responsible for a conduct violation(s), then that student may be eligible to provide a statement of No Contest to the conduct violations. Allowing a No Contest Statement is at the discretion of the Dean of Students or Associate Dean of Students. Students who enter a Statement of No Contest accept the sanctions issued to them without contesting the conduct charge(s). If a student enters a Statement of No Contest the student waives his or her right to appeal based on any procedural matters or on the basis of newly discovered evidence. However, the student may appeal based on severity of sanctions. Conduct violations for which a student enters a Statement of No Contest will appear on that student’s conduct record. 

After the student responds to the charge, the investigative packet will be redistributed and include the names of panelists who will be assigned for review. See the policy section specific to panel composition for more information on panels. At this time respondents and complainants may request the recusal of panelists for good cause such as bias or conflict of interest. Requests should be submitted in writing to the investigator or Title IX Coordinator and include reason for perceived bias or conflict of interest.  Requests will be responded to prior to the investigative packet being submitted to a panel. Both parties will be notified of any panel changes and provided at least 1 business day from notification of change to contest new panel composition.  Each party may only challenge the panel (any members) once, if the change is granted that party may not challenge the new selection.      

Questioning Phase

At this time the respondent and complainant may submit questions to the investigator to be asked of the other party or witnesses.

The investigator will review questions for relevance and notify the submitting party if any question is deemed not relevant. See evidentiary standards, character witnesses and past sexual history information in subsequent policy sections for more information on relevant questions.

Questions will be administered by the investigator in a timely manner and responses will be transcribed.  Investigators may ask follow-up questions of their own as they see fit to ensure thoroughness.

Responses will be added to an updated investigative packet which will be provided to all parties for review.

Completed Investigative Packet & Final Statements

A complete investigative packet will be provided to the complainant, respondent and panelists. The packet will include, but is not limited to: 

  • Initial statements (transcribed) by both parties
  • Transcription of interviews of all witnesses deemed to have provided relevant information. Information not meeting evidentiary standards will be redacted.
  • Any additional statements
  • Evidence deemed relevant by investigator including, but not limited to: text messages, images, other communications, etc.
  • Transcription from questioning conducted by investigator on behalf of complainant and respondent.
  • Investigator synthesis of relevant evidence, timeline notes (where appropriate) and credibility assessments

Both complainant and respondent may submit a final statement within 2 business days of being provided the final investigative packet. Final statements will be promptly made available to the panel.

Closed Panel Deliberation

The panel will be given 5 working days from the deadline for submission of closing statements to deliberate and issue, in writing to both parties, an outcome letter including finding of responsibility for all charges and rationale for sanctions.

Panelists with deliberate as a group, and panel deliberations will be closed to all parties. Panelists may ask questions of the assigned investigator.  In the event panelists request additional information from the investigator that is potentially outcome determinative both parties will receive an updated packet with any new information and may be given, at the panel’s discretion, an opportunity to respond to the new information.

Responsibility will be determined by a majority of panelists. Panelists will determine responsibility for each charge and will base each determination on the preponderance of the evidence, whether it is more likely than not that the alleged conduct occurred and if so, whether it constituted a policy violation. 

Complainant and respondent will both be notified of the finding and sanctions, where applicable, within two working days of the panel reaching a decision. Notification will be sent to both parties simultaneously and in writing. Responsibility will be stated for each charge, and any sanctions will be accompanied by rationale.

Sanctions

Any student found responsible for violating the policy on Non-Consensual Sexual Intercourse will likely face a recommended sanction of suspension or expulsion.*

*The GBM panel reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior.  

Range of Potential Sanctions:

The panel may impose one or more of the following sanctions for each policy violation.

Expulsion- Permanent dismissal from the College with no possible future readmission to the College. A student who has been expelled is barred from visiting the campus.

Suspension- Mandatory separation from the College for a specified period of time. An application for readmission will be considered after the time period of the suspension has elapsed. Readmission is subject to stipulations by the Gender Based Misconduct panel and approval of College officials. A student who has been suspended is barred from visiting the campus unless written permission is granted by the Dean of Students.

Conduct Probation- A sanction serving notice to a student that his or her behavior is in serious violation of College standards and policies. It is assigned for a specified time period. A breach of College standards or policies by a student during the probationary period may result in suspension or expulsion from the College.

Termination or Change in Residency Privileges- A sanction that terminates or changes a student’s residency. This sanction is usually accompanied by other conduct sanctions determined by the panel.

Restriction or Revocation of Privileges- Temporary or permanent loss of privileges including but not limited to use of a particular facility or service, visitation privileges, and parking privileges.

Educational Project - Project that encourages reflection and demonstration of knowledge.

Conduct Hold - If a student fails to complete the conditions of a conduct sanction (e.g. College Service Hours, etc.), a Conduct Registration Hold will be placed on his or her Registrar’s account.  With this hold in place, the student is restricted from utilizing the major functions of the Registrar Office (e.g., prohibited from participating in registration and course adjustment, requesting transcripts, and from receiving a diploma). The GBM Panel or the Dean of Student’s Office will remove the hold when it has been determined that the student is working towards or has returned to compliance.

Other Appropriate Action- Sanctions not specifically described above that must be approved by the Dean of Students.

Gender-based misconduct panel composition

A panel comprised of three individuals will make findings of responsibility based on the preponderance of the evidence and determine sanctions when applicable. Panel membership is open to faculty and staff nominated by any Title IX Deputy, or any member of the current CCC panel. Panels are limited to full-time faculty and staff of the College who have been adequately trained and completed new panelist or ‘refresher’ training within 12 months of the start of panel deliberation.

Right to Appeals

Grounds for Appeal.  Both the complainant and the respondent have a right to appeal the finding(s). A written request for appeal must be submitted to the Title IX Coordinator (Shawn Goicoechea, goicoechea@hendrix.edu) within three (3) business days after a conduct decision is rendered.  A request for appeal must be based on one of the following reasons:

a.       New information exists, unavailable during the original panel deliberation, that could be outcome determinative;

b.      A material deviation from written procedures could have impacted the fairness of the panel review;

c.      The sanction(s) may be grossly disproportionate to the severity of the offense.

Process Review.         The Title IX Coordinator will, within three (3) business days after receiving the request for appeal, determine whether the petition meets at least one of the three grounds for an appeal. The Title IX Coordinator may:
           a.  deny the appeal if it does not meet one of the grounds;
           b.  refer the complaint back to the GBM Panel for re-opening of the deliberation to allow reconsideration in light of whichever of the three ground(s) the                    appeal is granted upon.



          In the event the Title IX Coordinator is unable to process the appeal, then another Title IX Deputy will process the appeal using the same guidelines. If the Title IX Coordinator or other assigned deputy is unable to provide a response to the appeal request within three days, then that official will contact both parties in writing within three days of receiving the request to provide an updated timeline for determining the status of the appeal.

          Scope of Response of original GBM panel.  An appeal may be referred to the original panel or, at the discretion of the Title IX Coordinator, a new panel may be assigned the appeal. The assigned panel may take the following action:

          a.   Uphold their original decision.

          b.   Increase their original sanction.

          c.    Decrease their original sanction.

          d.   Change the finding of responsibility.

          Appeals Procedures. If an appeal is granted that results in the complaint being sent back to the GBM panel, then the panel will review the appeals document, any instructions or comments on the granting of appeal by the Title IX Coordinator, and any written or taped documentation regarding the original deliberation, as needed.  The panel may confine their review to written or taped documentation only.  However, as determined by the panel, they may speak with any student or employee involved with the investigative process for more information or clarification.  The GBM panel will respond in writing to any request for appeal within ten business days of receiving the appeal from the Title IX Coordinator, unless extenuating circumstances exist, in which case the parties will be notified of the modified timeline. 

          Finality of Appeals.  Decisions made by the Title IX Coordinator and/or the GBM panel that has reviewed an appeal are final.  No appeals of appeals are permitted.     

          Faculty/Staff – Student Relationships

          There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as teacher and student, supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation of applicable sections of the faculty/staff handbooks. The College does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the College. For the personal protection of members of this community, relationships in which power differentials are inherent (faculty-student, staff-student) are very strongly discouraged.

          Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the attention of their supervisor at the outset and will likely result in the necessity to remove the employee from the supervisory or evaluative responsibilities or make changes to prevent an individual from being supervised or evaluated by someone with whom they have established a consensual relationship. While no relationships are prohibited by this policy, failure to self-report such relationships to a supervisor as required can result in disciplinary action for an employee.

          Employees are cautioned that in many circumstances an imbalance of power, perceived or real, may occur in employee-student relationships.  In such cases, consent is not a defense that the College considers when weighing an allegation of non-consensual sexual relationships.

          Active Bystander and Risk Reduction Tips

          How to Be an Active Bystander

          Bystanders play a critical role in the prevention of sexual and relationship violence. They are “individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it.”[1] We want to promote a culture of community accountability where bystanders are actively engaged in the prevention of violence without causing further harm. We may not always know what to do even if we want to help. Below is a list[2] of some ways to be an active bystander. Further information regarding bystander intervention may be found. If you or someone else is in immediate danger, dial 911.This could be when a person is yelling at or being physically abusive towards another and it is not safe for you to interrupt.

          1. Watch out for your friends and fellow students/employees. If you see someone who looks like they could be in trouble or need help, ask if they are ok.
          2. Confront people who seclude, hit on, try to make out with, or have sex with people who are incapacitated.
          3. Speak up when someone discusses plans to take sexual advantage of another person.
          4. Believe someone who discloses sexual assault, abusive behavior, or experience with stalking.
          5. Refer people to on or off campus resources listed in this document for support in health, counseling, or with legal assistance.   

          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. 

          For initiators of sexual activity

          If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. These suggestions may help you to reduce your risk for being accused of sexual misconduct:

          1. DON’T MAKE ASSUMPTIONS About consent; About someone’s sexual

          availability; About whether they are attracted to you; About how far you can go;

          About whether they are physically and mentally able to consent to you;

          2. Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.

          3. Mixed messages from your partner should be a clear indication that you should step back, defuse the sexual tension, and communicate better. Perhaps you are misreading them. Perhaps they haven’t figured out how far they want to go with you yet. You need to respect the timeline with which they are comfortable.

          4. Don’t take advantage of someone’s drunkenness or drugged state, even if they did it to themselves.

          5. Realize that your potential partner could be intimidated by you, or fearful. You may have a power advantage simply because of your gender or size. Don’t abuse that power.

          6. Understand that consent to some forms of sexual behavior does not necessarily imply consent to other forms of sexual behavior.

          7. On this campus, silence and passivity cannot be interpreted by you as an indication of consent. Read your potential partner carefully, paying attention to verbal and nonverbal communication and body language.    

          Risk Reduction Tips

          With no intent to victim blame and recognizing that only abusers are responsible for their abuse, the following are some strategies to reduce one’s risk of sexual assault or harassment (taken from Rape, Abuse, & Incest National Network, www.rainn.org)

          • If you have limits, make them known before things go too far.
          • Tell a sexual aggressor “NO” clearly and loudly, like you mean it.
          • Try to extricate yourself from the physical presence of a sexual aggressor.
          • Grab someone nearby and ask for help.
          • Be responsible for your alcohol intake/drug use and realize that alcohol/drugs lower your sexual inhibitions and may make you vulnerable to someone who views a drunk or high person as a sexual opportunity.
          • Be aware of incapacitating drugs like Rohypnol and GHB. See the detailed information below.
          • Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation.
          • Try to avoid isolated areas. It is more difficult to get help if no one is around.
          • Walk with purpose. Even if you don’t know where you are going, act like you do.
          • Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be.
          • Try not to load yourself down with packages or bags as this can make you appear more vulnerable.
          • Make sure your cell phone is with you and charged and that you have cab money.
          • Don't allow yourself to be isolated with someone you don’t trust or someone you don’t know.
          • Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.
          • When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation.
          • Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.).
          • Don't leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one.
          • Don't accept drinks from people you don't know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from the punch bowls or other large, common open containers.
          • Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately. A real friend will get in your face if you are about to make a mistake.  Respect them if they do.
          • If you suspect you or a friend has been drugged, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others).

          If you need to get out of an uncomfortable or scary situation here are some things that you can try:

          • Remember that being in this situation is not your fault. You did not do anything wrong, it is the person who is making you uncomfortable that is to blame.
          • Be true to yourself. Don't feel obligated to do anything you don't want to do. "I don't want to" is always a good enough reason. Do what feels right to you and what you are comfortable with.
          • Have a code word with your friends or family so that if you don’t feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.
          • Lie. If you don’t want to hurt the person’s feelings it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else that you need to be, etc.

            • Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby?
            • If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later.

            Reference – Legal Definitions

            This section is for reference only and definitions in this policy are independent of state and federal legal definitions. All conduct processes address violations of Hendrix College Student handbook and are not intended to take the place of criminal proceedings. In the event that a student would like to pursue criminal charges they may do so without interfering with or otherwise altering any above mentioned process or rights. The Dean of Students Office (501-450-1222) or Public Safety (501-450-7711) will assist students who wish to make a report to law enforcement and the request of the student.

            Federal Timely Warning Reporting Obligations

            Victims of sexual misconduct should also be aware that college administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community.  The college will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. 

            Federal Statistical Reporting Obligations

            Certain campus officials – those deemed Campus Security Authorities - have a duty to report certain crimes, including but not limited to sexual assault, domestic violence, dating violence and stalking for federal statistical reporting purposes (Clery Act).  All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the Annual Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.  Mandated federal reporters for reports of Clery crimes include: student/conduct affairs, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities.  The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.

            Arkansas state law definitions pertaining to sexual assault, domestic violence, dating violence, and stalking. THESE ARE THE DEFINITIONS USED FOR LAW ENFORCEMENT. These definitions do NOT apply to the College’s definitions of prohibited conduct. 

            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 step-grandchild 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
            (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.

            In the National Incident-Based Reporting System User Manual from the FBI UCR Program, non-consensual sexual intercourse is referred to as Rape and is defined as the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

            In the National Incident-Based Reporting System User Manual from the FBI UCR Program, non-consensual sexual contact is referred to as Fondling and is defined as the touching of the private parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

            Sex Offender Registry

            The campus community should contact the Conway Police Department (501-450-6120) for listings and information regarding registered sex offenders, or visit the Arkansas Crime Information Center at: http://acic.org/offender-search/index.php   

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              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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