A. Overview of University Procedures
Sexual assault is a crime punishable by both civil and criminal legal action. Students are strongly encouraged to report sexual assault to law enforcement authorities. Sexual assault is also a serious violation of the University of Virginia's Standards of Conduct, which can be found in the Undergraduate Record and in the Graduate Record. All members of the University Community are expected to become familiar with the University's standards and regulations.
Students who report a sexual assault to law enforcement authorities are eligible to receive support throughout that process from a variety of sources, including the Office of the Dean of Students, the University's Women's Center, Sexual Assault Resource Agency and the victim and witness assistance programs for the City of Charlottesville and Albemarle County. The University also offers complainants several procedural options to address cases of alleged sexual assault. The first option arises when an allegation of sexual assault has been reported to the police but does not result in a criminal prosecution. In this context, the University offers support in understanding the results of the criminal investigation and any decisions that have been made by the prosecuting attorney, especially a decision not to prosecute the case. Three other options provide an opportunity for both parties in the dispute to present their versions of the incident and to come to some understanding about the nature of the incident and its effects on the complainant reporting the sexual assault, the accused student, and the University Community. These options differ in their procedures, degree of formality, compatibility with one another, and potential results. Some options are only available to complainants who are University students.
All procedural options are normally coordinated through the Office of the Dean of Students. Nothing in these procedures is intended to preclude the Dean of Students or other University Official from taking appropriate action, such as restricting contacts between the parties or seeking to enforce University policy through the imposition of an interim suspension, to protect individual students or the University community as a whole and to comply with applicable state and federal laws. The University may take appropriate protective and administrative action even in situations where the complainant is absent.
The purpose of the University's procedures is to educate students about implications and consequences of their behavior, to encourage students to take responsibility for their behavior, to ensure compliance with applicable state and federal regulations, and to fairly discipline and sanction behavior that is inconsistent with the Standards of Conduct of the University Community.
Use of these procedures does not preclude the use of other dispute resolution options, including civil and/or criminal proceedings.
B. Definition of Sexual Assault
"Sexual assault" in these procedures consists of sexual intercourse without consent, forcible sodomy or sexual penetration with an inanimate object, the intentional touching of an unwilling person's intimate parts (defined as genitalia, groin, breast or buttocks, or clothing covering them), or forcing an unwilling person to touch another's intimate parts. To constitute assault, the above acts must be committed either by force, threat, surprise, or intimidation, or by taking advantage of someone's helplessness or inability to consent of which the alleged perpetrator was aware or should have been aware.
To fall within the jurisdiction of these procedures, the act of sexual assault must have been committed by a student on University-owned or leased property, at any University sanctioned function, at the permanent or temporary local residence of a University student, faculty member, employee, or in the city of Charlottesville or Albemarle County.
D. Overview of Procedural Options
The University has established four procedures for sexual assault
cases. Details of these procedures and any limitations on their use are outlined
below.
(1) Informal Procedures
(a) Assistance in meeting with the Commonwealth's Attorney's Office having jurisdiction over the alleged assault to learn about the results of the criminal investigation and to better understand any decision not to prosecute the case.
(b) Mediation
(2) Procedures Based on the Filing of a Formal Complaint
(a) Structured Meeting
(b) Formal Adjudication (a hearing by a panel composed of members of the Sexual Assault Board).
E. Timing of Complaints and Availability of Procedures
A complaint of sexual assault must be made in writing to the Office of the Dean of Students within one calendar year of the time the reporting person first knew or should have known the identity of the accused student. It is the responsibility of the reporting person to consult with the Office of the Dean of Students concerning the accused student's intended date of graduation and to file accordingly. For good cause shown, the Dean of Students may extend the above time period and allow a request for a Structured Meeting or Formal Adjudication before the Sexual Assault Board. Good cause is determined in the Dean's sole discretion, and shall include consideration of whether a lengthy delay will allow the rights of the accused student to be respected. As entirely voluntary processes, mediation and support in meeting with the Commonwealth's Attorney can be requested by a University student at any time.
Complainants who are not students at the University of Virginia may file a complaint with the Office of the Dean of Students and request either a Structured Meeting or Formal Adjudication before the Sexual Assault Board. Because the University does not stand in a special academic relationship with a non-student complainant, mediation and accompaniment to a meeting with the Commonwealth's Attorney are not available to non-students.
Special procedures apply to sexual assault cases involving claims that a student's conduct has been affected by psychiatric problems. Copies of these procedures are available through the Office of the Dean of Students and the University Judiciary Committee.
If a complaint is filed within sixty calendar days of the accused student's intended graduation, during a University recess or the Summer Session, or in other circumstances where the Office of the Dean of Students determines that the complaint cannot otherwise be resolved in a timely manner pursuant to these procedures, procedural options may be limited. In particular, any adjudication process may be limited to an administrative hearing by a faculty or staff member appointed by the Vice President for Student Affairs. If an administrative hearing takes place, the hearing procedures set forth below for the Sexual Assault Board will apply to the extent practicable.
I. Related Misconduct and Intimidation of a Witness
Any reported violations of the Standards of Conduct directly related to a report of alleged sexual assault may be considered by the Sexual Assault Board in accordance with these procedures. This may include conduct that threatens the complainant or any other participant, violations of the rules of confidentiality, intimidating a witness from testifying, or Standards of Conduct violations arising in the course of the sexual assault.
J. Sexual Assault Hearings and Judiciary Committee Hearings
In rare cases, complaints are filed with the University Judiciary Committee alleging both physical assault (or violation of other Standards of Conduct) and sexual assault arising out of the same incident. In such cases, the Judiciary Committee shall work with the Chair of the Sexual Assault Board and the University's General Counsel's Office, to explore whether a single hearing on all claims arising out of the incident should be initiated. If it is determined that it is fair and efficient to hold a combined hearing, the process utilized by the Sexual Assault Board shall govern the conduct of such a proceeding. No less than two students who are trained as judges by the Judiciary Committee shall serve as special student members of the Sexual Assault Board in such a case.
A. Option A - Declined Prosecutions
Many complainants decide to report a sexual assault to the police and local prosecuting agency. Some of these cases are declined for prosecution, without the complainant having a clear understanding of the results of the criminal investigation, procedures and grounds for the decision. Complainants who are students at the University of Virginia may request the Dean of Students to identify a senior member of the Dean's Office or of the Office of the Vice President for Student Affairs to assist the complainant in seeking and attending a meeting with the Commonwealth's Attorney to gain a better understanding of the decision to decline a prosecution. The complainant may request support from the sexual assault education coordinator or other person at this meeting. This option is compatible with the filing of a formal complaint with the Office of the Dean of Students or request for subsequent mediation.
Mediation is intended to allow the two people involved in an alleged sexual assault to discuss their respective understanding of the incident with each other and through the assistance of a trained mediator. Mediation is designed to encourage each person to be honest and direct with the other and to accept personal responsibility where appropriate. It is premised on the possibility of reaching an agreement that resolves the understanding of the incident to the satisfaction of both persons involved and resolves expectations and conduct between the parties in the future. Mediation is only offered if both the complainant and the accused are students at the University of Virginia. Students who have initiated a formal complaint process may elect to terminate that process and enter into mediation. As is detailed more fully below, once mediation processes and communications have been entered into, a complainant generally may not request a formal complaint-based procedure. The Senior Associate Dean will work with both parties to determine their willingness to participate in mediation. Both parties must agree to the mediation in writing and include a waiver of formal processes (Structured Meeting and Formal Adjudication).
(1) Requesting Mediation
Requests for mediation should be filed with the Senior Associate Dean of Students coordinating sexual assault services for the Office of the Dean of Students.
(2) Assignment of a Mediator
Once both parties have agreed to mediation, the Senior Associate Dean will assign a trained mediator. Either party may challenge the choice of mediator for cause, and the Senior Associate Dean may assign another mediator. The mediator will contact both parties to set the date, time, and location of the mediation session(s). The Senior Associate Dean will assign a mediator within two weeks of the agreement to participate in mediation, and the mediation session(s) will be completed normally within two weeks of the assignment of a mediator.
(3) Procedures
(a) Persons participating: The only parties who will be present at the mediation session(s) will be the two persons directly involved in the incident and the mediator.
(b) Mediation process: During the mediation process the mediator will: (i) ask the parties to give their versions of the incident in questions, including both factual information and their feelings; (ii) identify key issues that emerge in the first step and make these known to both persons; (iii) seek the agreement of both parties on the issues as they have been identified or as they need to be modified; (iv) facilitate discussion as the two parties consider each issue more completely and as they generate solutions for each; and (v) work with both parties to develop a written document that will include a statement of agreement on each issue.
(4) Mediation Outcomes
(a) Mediation Resolution: A statement of agreement shall become a part of a contract that both parties will sign at the completion of the mediation process. Any activity or behavior that either party has agreed to perform following the mediation shall be included in the contract. Any outcome of mediation must be agreed to by both parties, and approved by the Dean of Students or designee. As a mutual agreement, there is no appeal from the terms of the agreement once it has been voluntarily entered into. Such approval shall constitute a directive of the Dean requiring both parties to satisfy their agreements. The contract shall be kept on file at the Office of the Dean of Students. If either party feels the terms of the agreement have not been met, he or she may contact the Senior Associate Dean. The Senior Associate Dean shall ask the mediator or other person to investigate the allegation of noncompliance. The matter may be referred to the UJC for investigation and sanctions if warranted.
(b) Non-resolution: If either party is dissatisfied with the mediation process at any time prior to the signing of a written agreement, that party may request that the mediation process cease. Once the mediation process for a particular incident has been discontinued, it cannot be reinitiated unless authorized by the Dean of Students. Once mediation has been agreed to in writing and formal complaint-based procedures have been waived by the parties, a request for a Structured Meeting or Formal Adjudication before the Sexual Assault Board is not available; provided, however, that the Dean of Students, may authorize such formal procedures in extraordinary circumstances, as determined by the Dean in his or her sole discretion. In such a case, a Structured Meeting or Formal Adjudication may be pursued if the request for a hearing is initiated within one calendar year of the time the complainant first knew or should have known the identity of the alleged offender.
(5) Confidentiality
In order to promote honest direct communication among the parties themselves and the mediator and to facilitate the completion of agreed-upon terms, all verbal statements shared in the mediation process must remain confidential, except where disclosure may be required by law, policy or to perform assigned duties on behalf of the University. In the event that a hearing is allowed after some part of the mediation process has taken place prior to any resolution, only the complaint form will be forwarded. No offers of apology or concessions made during the mediation process may be admitted in the investigation or hearing processes. Breach of the rules of confidentiality is a violation of the Standards of Conduct. The Office of the Dean of Students will keep copies of the complaint form, the mediation agreement, and any documentation concerning completion of the agreed-upon activities or behavior. Other records of the mediation process will be destroyed.
Complainants who wish to file a formal complaint with the Office of the Dean of Students but who do not wish to pursue a Formal Adjudication before the Sexual Assault Board, may request a Structured Meeting. This is an opportunity for the complainant to confront the accused and communicate their feelings and perceptions regarding the incident, the impact of the incident and their wishes and expectations regarding protection in the future. The accused shall also have an opportunity to respond. The complainant and the accused may bring an advisor of their choice to a Structured Meeting. Advisors are subject to the same restrictions noted for advisors under Option D. The Senior Associate Dean of Students who coordinates sexual assault services shall preside over such a meeting, and will be assisted by another member of the Sexual Assault Board or senior staff of the Office of the Dean of Students.
A Structured Meeting cannot result in a formal sanction involving suspension or expulsion of the accused; however, along with other investigative information, it can be the basis for protective action by the Office of the Dean of Students to assist the complainant in feeling safe and supported in the University community. A request for a Structured Meeting is exclusive of a request for Formal Adjudication before the Sexual Assault Board. The request must be in writing and include a waiver of Formal Adjudication before the Sexual Assault Board.
D. Adjudication By The Sexual Assault Board
A hearing by the Sexual Assault Board is the Formal Adjudication of a sexual assault complaint by a panel of University students, faculty, and staff. The Board encourages an open exchange of information within the framework of the confidential procedure. While procedures are designed to ensure fairness and due process for the parties involved, the Board is not bound by the technical provisions of criminal or civil procedure. Use of this adjudication procedure by the reporting student does not preclude the student's filing a civil or criminal complaint in the local courts. Up until the point a formal hearing has been scheduled, this option may be replaced by a request for a Structured Meeting.
(1) Advisors to the Parties
Both the reporting student and the accused student may have an advisor present during all University adjudicative processes related to the sexual assault complaint. Students may select an advisor of their choice to assist them. The advisor may be any individual selected by the student, including another student, but may not be an attorney. University officials who have had prior involvement in the case, such as members of the Office of the Dean of Students, may decline a student's request to serve as his/her advisor. The Office of the Dean of Students has a list of potential individuals to assist students seeking an advisor. Persons identified on this list will be trained and knowledgeable regarding the University's procedures. The advisors personally support the parties during the investigation, pre-hearing, hearing and appeal stages of the Adjudication process. They will be present during the hearing, and may be consulted by the parties. Advisors may not direct questions to the panel or witnesses at the hearing, but may present requested questions in writing to the panel and may consult with the student they are assisting. The Chair shall not allow their presence to inhibit the parties' open testimony or the conduct of the hearing.
(2) Confidentiality of the Hearings Process
The confidentiality of the hearings process is of great importance to all involved. The identity of the reporting or accused student and any formal discipline resulting from the hearing, may not be publicly disclosed by any participant in the hearing process, either directly or indirectly, except where disclosure may be authorized by law or disclosed in connection with duties on behalf of the University. Witnesses will be reminded during the hearing that their participation and testimony should remain confidential following the hearing. Records of the proceedings will be confidentially respected by the participants and not disclosed except where disclosure may be authorized by law or on behalf of the University in connection with University policy.
(3) Clarification of Roles
To maintain clarity with regard to the roles played by various individuals, the following limitations will apply: a) the Sexual Assault Education Coordinator or his or her supervisor will not sit on a hearing panel; b) members of the Judiciary Committee will not sit as panelists on the Sexual Assault Board, except in rare cases where a joint hearing has been determined to be advisable under these procedures.
(4) Procedures
(a) Interview/Investigation: Upon receipt of the complaint of sexual assault and request for Formal Adjudication, the Dean's Office, with the possible assistance of the UJC, will initiate a preliminary investigation based on interviews with the complainant, the accused, and others deemed to have pertinent information. If the Dean determines based on the evidence presented at that time that there is a substantial basis for a hearing, notice of charges will be prepared and delivered to the parties and the chair of the Sexual Assault Board. The Dean's determination of a substantial basis for a hearing shall be based on whether sufficient facts have been presented or discovered to allow the Sexual Assault Board as the finder of fact to find that the accused student committed the offense under the clear and convincing evidence standard. The Dean's decision is final. The Dean may take any protective action he/she deems appropriate concerning the interaction of the parties pending the hearing. A complainant whose request for a hearing is denied may request and shall be granted a Structured Meeting.
(b) Notice of Charges: The Office of the Dean of Students will begin the Adjudication process by providing written notice to the accused student stating: (a) the nature of the complaint; (b) the Standards of Conduct allegedly violated; (c) the name of the reporting person; (d) the date, time, and place of the pre-hearing meeting; (e) the names of at least three Board members selected by the Chair to serve as the hearing panel. The panel will include at least one student and at least two faculty/staff members; the Chair will preside over the hearing but will not be a member of the panel. If the Chair is unavailable, the Vice President for Student Affairs shall select the panel members, and designate an individual to preside over the hearing.
(c) Delivery of Notice: The notice shall be considered effective when delivered at the accused student's local residence for the current academic term, as listed with the University Registrar, or otherwise when actually received by the accused. The hearing must take place not more than thirty days after delivery of the notice, unless the Chair allows a longer period. Should either party fail to appear at the scheduled hearing, the Chair may continue the proceedings or the panel may proceed and determine the complaint on the basis of evidence presented, provided the accused student was duly advised of the scheduled hearing date.
(d) Pre-Hearing Meetings: In addition to any preliminary meetings that may be held with the parties, the Chair will schedule a pre-hearing meeting at least ten academic days prior to the hearing, at which time the parties will present the Chair with written statements describing their position and a list of witnesses to be called and a short summary of their expected testimony. The parties will also present the Chair with copies of any documents or other evidence to be introduced at the hearing. At the meeting, the Chair will review and determine hearing procedures and rule on challenges of panel members for cause. The Chair will also review the list of proposed witnesses to assist the parties in eliminating redundant and/or duplicative testimony that would unnecessarily prolong and complicate the hearing. At the meeting, the Chair will provide the opposing party with a copy of the position statement, list of witnesses, and list of documents or other evidence. The parties are responsible for the appearance of their designated witnesses at the scheduled hearing. In the absence of good cause as determined by the Chair in his or her sole discretion, parties may not introduce witnesses, documents or other evidence at the hearing that was not provided to the Chair at the pre-hearing meeting.
After the completion of the pre-hearing meeting, the Chair may, upon consultation with the Sexual Assault Board or the University General Counsel's Office, determine based on the evidence presented, that a substantial basis for a hearing is not present and dismiss the complaint, notifying the parties. The Chair's determination of a substantial basis shall be based on whether the proposed testimony and evidence presented at the Pre-Hearing Meeting is sufficient to allow the Sexual Assault Board as the finder of fact to find that the clear and convincing evidence standard has been met. The complainant may appeal any such decision to the Judicial Review Board by filing a timely written appeal to the Chair of the Judicial Review Board, with a copy to the other party and the Chair of the Sexual Assault Board. Such appeal must be made within 14 calendar days of the date of the decision of the Chair of the Sexual Assault Board.
(e) Pre-Hearing Discussion: Once a Board member has been named to a hearing panel by the Chair, he or she may not discuss the merits of the case with the parties or with anyone acting on the parties' behalf. The Chair will provide the panelists with the statements of the parties, and a copy of the written notice of charges.
(f) Power to Enjoin: The Chair may prohibit the parties from engaging in disruptive conduct pending the hearing. The affected student must be given reasonable notice and the opportunity to be heard by the Chair prior to a directive. Violation of such a directive shall constitute a related offense to be heard by the Sexual Assault Board.
(g) Negotiated Resolution: The Chair may negotiate a resolution of a complaint of sexual assault and request for Formal Adjudication with the consent of the complainant in cases where the accused student wishes to acknowledge guilt and agree to a sanction.
(h) Attorneys: Private attorneys will be allowed to be present at the hearing on behalf of either party. They may consult with and advise the parties during the proceeding, but may not examine witnesses, or otherwise directly participate on behalf of either party.
(i) Panel's Counsel: The Chair and Hearing Panel shall be entitled to advice throughout the hearing process from the University General Counsel's Office or the Office of the Vice President For Student Affairs in conjunction with the General Counsel's Office, on questions of law and procedure; however, factual determinations are the domain of the hearing panel.
(j) Conflicts of Interest: A panel member who feels his or her presence on the panel would be inappropriate because of prior or present connections with a party or any other person involved in the hearing must inform the Chair and withdraw from the Adjudication process. A party may challenge a panel member for cause. Cause shall be evaluated in light of personal bias or conflict, and not merely because a given panel member may have received training in sexual assault issues. The Chair will rule on the challenge, and if it is sustained, the Chair will replace the challenged member with another member of the Board or authorize the proceeding to continue with remaining members if replacements are not immediately available. Such challenges must be made no later than the date of the pre-hearing meeting, without exception.
(k) Hearing Procedures: The hearing will not follow a courtroom model. The parties' advisors may be present, and may be consulted by the parties throughout the hearing. The Chair will determine the order of witnesses, and determine hearing procedures. Only the Chair and the Board will question the individual parties. However, either party may ask the Chair or the Board to pose additional questions by submitting such a question or questions in writing. The parties may present their witnesses and following the questioning of a witness by the Board, present additional questions to a witness. The Chair is empowered to disallow any questions that are irrelevant, improper, or redundant, in the Chair's sole discretion. After all witnesses have been questioned, each party may make a written or oral closing statement and may request a short recess to prepare it. If the Board determines that significant unresolved issues exist that would be clarified by the presentation of additional evidence, the Chair may recess the hearing and reconvene it in a timely fashion. A recess may not be based on the failure of witnesses to appear without good cause, or on the proposed introduction of documents or other evidence that should have been presented at the pre-hearing conference.
(l) Impact Statement: If the accused student is found guilty, the complainant may present the panel with a statement recommending a sanction. The student found guilty may respond to the statement. Both Impact Statement and any response shall be provided to the opposing party if presented in writing to the Panel. The panel shall not be bound by the above statements in determining a sanction.
(m) Testimony by the Accused: The accused student shall also have the right not to testify, but the panel will adjudicate the case based on the evidence presented.
(n) Recording: The Chair will arrange for the hearing to be recorded, and may arrange for the preparation of any transcript of the recording which he or she deems appropriate or which a party requests (upon prompt payment by the requester of a reasonable transcription fee). Such recording will be arranged through the Office of the Vice-President for Student Affairs.
(o) Clear and Convincing Evidence Standard: All decisions by the panel will be made by majority vote. The panel first determines the guilt or innocence of the accused student, and then, if appropriate, the sanction. A finding of guilt must be supported by clear and convincing evidence. "Clear and convincing evidence" means that the claim or proposition is highly probable, and has produced a firm belief or conviction that the allegations in question are true. "Clear and convincing evidence" is also described as proof that requires more than a preponderance of the evidence but less than proof beyond a reasonable doubt.
(p) Sanction: The Board may impose any sanction it finds to be fair and proportionate to the violation and which is authorized for violations of the Standards of Conduct, including disciplinary probation, suspension, and expulsion. In determining an appropriate sanction, the panel may consider any record of past violations of the Standards of Conduct, as well as the nature and severity of the misconduct.
(q) Decision: Within fourteen calendar days from the conclusion of the hearing (or such longer time as the Chair may for good cause determine), the Chair will provide the parties, the Dean of Students and the Vice-President for Student Affairs with copies of the panel's written decision. Panel members may submit separate written statements if desired, and these will also be provided to the parties, the Dean of Students and the Vice-President for Student Affairs.
(r) Effective Date of Sanction: Sanctions imposed by a panel shall not be effective until a timely appeal of the decision is exhausted. However, if advisable to protect the welfare of the University community, the panel may include in its decision a determination that any probation, suspension or expulsion is effective immediately and shall continue in immediate effect until such time as the Vice President for Student Affairs may determine otherwise, in which case the Vice-President shall be informed of the panel's determination. The Vice-President may suspend the determination pending exhaustion of appeal, or allow the student to attend classes or other activity on a supervised or monitored basis. The Vice President's decision may not be appealed.
(s) Appeals: Either party may appeal the panel's decision to the Judicial Review Board by notifying the Chair of the Board in writing, within fourteen calendar days of the date of the panel's decision. All appeals will be governed by the procedures of the Judicial Review Board.
III. ADDITIONAL TERMS
Failure by the University to strictly observe the time limits or other procedural requirements expressed in this policy shall not constitute an abridgement of the rights of parties so long as fairness as guaranteed by constitutional "due process" is respected and observed. The University's Dean of Students, or the Vice President for Student Affairs, reserve the right to suspend implementation of these procedures in the event of pending or imminent criminal charges or litigation involving the same complaint filed hereunder; provided, however, that nothing in this policy precludes proceeding with available procedures notwithstanding the pendency of criminal proceedings or civil litigation. Such action may not be appealed.
IV. AMENDMENTS
This procedure may be amended at any time, or from the time to time, in writing by the President or, in the President's absence, by the Vice President for Student Affairs.
Adopted:
John T. Casteen, III, President
Domestic/Dating Violence Options
The University of Virginia is a community of trust, in which students, faculty, and staff must be able to study, teach, and work without any fear of violence, threats, harassment, or other unwanted abuses of power and control. The University considers domestic/dating violence a crime in all its forms. Domestic violence is prohibited under state statute (§18.2-57.2) as well as by the University's Standards of Conduct. Domestic violence cases among UVa Students would be heard by the University Judiciary Committee, unless they involve any form of sexual assault.
The generally accepted
definition of domestic violence is:
A pattern of physically, sexually, and/or emotionally abusive behaviors used
by one individual to maintain power over or control a partner in the context
of an intimate or family relationship.
Dating/domestic violence includes a wide range of behaviors, including emotional, physical, economic, and sexual abuse. Intimate partners may be in a dating relationship, cohabiting, married, separated or divorced. Both heterosexual and same-sex couples can become violent. However, under the Virginia Code, only cohabiting partners, or partners who have a child in common are protected under the statute pertaining to domestic violence. Dating partners who do not live together or have a child in common must turn to different avenues for assistance, and their cases would be heard in the General District Court, not the Juvenile and Domestic Relations court.
The University strongly urges students who are in abusive relationships, or who are being stalked (see section on Stalking), to seek assistance from the Shelter for Help in Emergency's 24-hour hotline (293-8509), a community agency that provides counseling, emergency shelter, and other services to the University and Charlottesville communities. The Sexual Assault Education Coordinator assists students in abusive relationships, and will help them connect with community resources, and provide assistance with obtaining protective orders, among other services. The SAEO website has valuable information and resources as well.
The Commonwealth of Virginia requires police officers to arrest the individual that they determine to be the aggressor when they are called to the scene of a domestic dispute. This removes the burden from the victim to make a citizen's arrest. If an arrest is made, the Victim-Witness Assistance Coordinator will contact the survivor to offer guidance. Protective orders can be obtained by the survivor on her/his own, or with assistance from the SAEO or Victim-Witness Assistance Coordinator. A victim may seek a protective order by filing at the Court Services Unit on the second floor above the J&D courthouse (on High Street). If the couple is not cohabiting or does not have a child, then the survivor must go the sheriff's office and seek a "no trespass" order.
The University of Virginia is a community of trust, in which students, faculty, and staff must be able to study, teach, and work without any fear of violence, threats, or other unwanted abuses and harassment. Stalking is prohibited under state statute (§18.2-60.3) as well as by the University's Standards of Conduct. Stalking is defined as:
Behavior in which an individual willfully, and repeatedly engages in a knowing course of harassing conduct directed at a specific person which reasonably and seriously alarms, torments, or terrorizes the person.
Many of these behaviors may appear benign on the surface but can be perceived by the victim as malicious or frightening. Stalking can include a range of behaviors such as breaking into personal e-mail accounts; monitoring the victim's every move, stealing mail; breaking into a residence to alter or steal items; leaving telephone threats, repeated calling, hang ups, and much more. A stalker may be a former partner, a classmate, a vague acquaintance or a total stranger.
Like dating violence, stalking is adjudicated by the University Judiciary Committee. Depending on the specific circumstances, a stalker can violate more than one Standard of Conduct and be brought up on charges accordingly. In order to be considered a criminal act (for lodging a complaint with the police), the victim must feel threatened or in fear of her or his personal safety. Stalking is against the law in Virginia, starting as a misdemeanor and escalating to felony status by the third offense (If the survivor already has a protective order against the stalker felony status is automatic). The UVA Police Department (924-7166) or the Sexual Assault Education Coordinator (982-2774) can discuss practical strategies for dealing with a stalker, as well as refer the victim to other resources. More information on stalking can be found at www.sexualassault.virginia.edu. The Victim Witness Assistance Coordinator can help in obtaining a protective order, if necessary, or a "no trespass" order from the sheriff.
Questions
Anyone with questions or concerns about individual cases of sexual assault,
dating/domestic violence and stalking, about these issues generally, or the
University's sexual assault procedures should address them to the Sexual Assault
Education Office (982-2774) or the Office of the Dean of Students (924-7427).
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