Sexual Misconduct Response

Confidential Reporting
If a member of the University community wishes to discuss an incident of sexual misconduct in confidence, he or she must speak directly with a privileged employee. University employees will make every effort to honor requests for confidentiality, but cannot absolutely guarantee it. However, every request for confidentiality will be considered and weighed against the risk of harm or the potential thereof to the reporting individual and/or other members of the University community. If the request for confidentiality cannot be honored, the reporting individual will be informed prior to the disclosure of the information and interim measures will be implemented in order to protect the reporting individual and ensure the safety of others.

A victim who initially requests confidentiality should be reminded that he/she may later request a full investigation of the incident. Honoring requests for confidentiality may limit the school’s ability to respond fully to the incident, including pursuing disciplinary action against the respondent.

Privileged Employees may be contacted at:
Albany State University Counseling & Student Disability Services @ 229-500-3442
Albany State University Student Health Services @ 229-500-3546

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General Reporting
In accordance with Federal law, ASU has designated certain individuals as responsible employees including faculty, staff and student employees, whose employment functions involve relationships with students or those who have significant responsibility for student welfare and/or campus activities; who have the authority to take action to redress sexual violence; who have been given the duty of reporting incidents of sexual violence or any other misconduct by students.

Responsible employees must promptly or as soon as practicable report any act of sexual misconduct to the Title IX Coordinator/Compliance Officer. The report must include all known information about the complaint.

Note: A Responsible Employee is not authorized to use his/her own independent judgment regarding whether to report to the Title IX Coordinator/Compliance Coordinator. The reporting requirement is mandatory not discretionary.

Responsible Employees may be contacted at:
Albany State University Equity & Compliance Director / Title IX Coordinator
229-500-3304
Albany State University Police Department
229-430-4711
Albany State University Housing & Residence Life
Staff and Residential Assistants
229- 500-3062
Albany State University Office of Student Affairs & Success
229-500-3553
Student Ethics & Integrity Coordinator
University Judicial Officer
229- 500-3554
Albany State University Faculty & Staff Representatives Faculty Senate President
facultysenate@asurams.edu
Staff Council President
Staffcouncil@asurams.edu

Note: Others including coaches and athletic trainers, faculty, staff, and administrators are also designated as Responsible Employees.

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Criminal Reporting
The victim may choose to file a criminal complaint with the University Police and/or local law enforcement. You do not have to choose a course of action immediately, but consider preserving evidence in case you choose to pursue charges. Possible evidence might be letters, photos, emails, messages, clothing, bedding, etc.

Law Enforcement may be contacted at:
Albany State University Police Department @ 229- 430-4711
Albany State University Police Department may assist with coordination with local agencies.

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Other Reporting
When the accused is a university employee, the reporting individual may also report the incident to the Office of Human Resource Management or request that one of the above referenced representatives assist them in reporting to Human Resources. When the accused is an employee of an affiliated entity or vendor of the university, university officials will, at the request of the reporting individual, assist in reporting to the appropriate office of the vendor or affiliated entity.

Albany State University Office of Human Resources Management @ 229-500-3066

You will often hear and see the term sexual misconduct, which is the broad term encompassing sexual exploitation, sexual harassment, non-consensual contact, non-consensual sexual intercourse, dating and domestic violence and stalking.
While the university identifies these violations using certain terms, some may identify their experience as rape, sexual assault or sexual abuse. The focus here is on sexual assault to include non-consensual sexual contact and non-consensual sexual intercourse.

What is consent? Consent is an agreement between participants to engage in a specific activity. Sexual activity always requires consent.  Consent is defined as words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity.

Consent cannot be gained by force, intimidation, or coercion, by ignoring or acting despite objections of another, or by taking advantage of the incapacitation of another, where the Respondent knows or reasonably should have known of such incapacitation. Consent is also absent when the activity exceeds the scope of consent previously given. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent.

Consent must be established through explicit communication about the decision to participate in sexual activity. Relying on contextual cues (such as clothing, alcohol consumption, or dancing) as evidence for consent is inappropriate and should be avoided. While verbal communication is not the only form of consent, it is the most reliable way to seek and gauge consent.

If you have experienced sexual assault, it’s crucial to know that you are not alone, and there are resources available to support you. Here are some important steps to consider following an assault:

• Seek Safety: If you or someone you know has been sexually assaulted, the first priority is to get to a safe location.

• Contact the Police: It is recommended that ASU PD be contacted as soon as possible following a sexual assault. Contacting the police does not commit or obligate the survivor to having the assault investigated or prosecuted. The survivor can make that choice later. We believe in empowering a victim of a crime to make their own decisions, considering all of their options. Your safety is paramount to us. ASU PD can advise you of your options and can also preserve evidence while you consider your options.

  Options for Reporting to Albany State University include:
  ASU Police Department 229-430-4711
  Title IX Coordinator: 229-500-3304
  ASU Counseling Services: 229-500-3442 
  ASU Student Health Services: 229-500-3544 or 229-500-3545 
  
  Please Note: If someone has experienced sexual misconduct, they can report directly to the The Title IX Coordinator. Reports filed through this office are separate from any law enforcement reports which may or may not have been filed. Individuals who report to the Title IX Coordinator will also be informed of how to file a report with law enforcement, if they choose to do so.
  

• Seek Medical Attention: Your health and well-being come first. You do not have to choose a course of action immediately, but consider preserving physical 
  evidence via a SANE exam, within 72 hours, in case you choose to pursue charges at a later time. Do not shower or bathe. Other possible evidence includes letters, photos, emails, text messages, clothing,and bedding.
  
  ASU Student Health Services: 229-500-3544 or 229-500-3545 
  Lily Pad SANE (Sexual Assault Nurse Examiner): 229-435-0074
  There is no charge to victims who receive direct services from the Lily Pad.
  320 W. 2nd Ave Albany, GA 31701 
  
  
• Remember: You are not to blame for the assault. Reach out to trusted friends, family, or professionals who can offer support during this difficult time.
  ASU Counseling and Student Disability Services: 229-500-3442 
  
  

You will often hear and see the term sexual misconduct, which is the broad term encompassing sexual exploitation, sexual harassment, non-consensual contact, non-consensual sexual intercourse, dating and domestic violence and stalking. The focus here is on Dating Violence and/or Domestic Violence. If you have experienced Dating Violence and/or Domestic Violence, it’s crucial to know that you are not alone, and there are resources available to support you. 

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

• The existence of such a relationship shall be determined 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.
• For the purposes of this definition Dating violence includes, but is not limited to, 
  (A) sexual or physical abuse or the threat of such abuse.
  (B) Dating violence does not include acts covered under the definition of domestic violence.
• For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Domestic Violence  
A felony or misdemeanor crime of violence committed

• By a current or former spouse or intimate partner of the victim.
• By a person with whom the victim shares a child in common.
• By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner.
• By a person similarly situated to a spouse of the victim under the domestic or family 
  violence laws of the jurisdiction in which the crime of violence occurred.
• By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Cohabitating refers to the arrangement where two people, often couples, live together without being married.

In abusive relationships, a recurring pattern often emerges, characterized by the abuser’s desire for power and control. Here are some common behaviors that abusive partners exhibit:

• Cycle of Violence: The abusive partner follows a cycle that includes phases of tension-building, explosive incidents, and reconciliation. This cycle repeats itself over time. 

• Threats and Violence: The abuser may threaten violence, which is often followed by actual physical harm. Afterward, they might apologize, promise to change, and even offer gifts as a way to manipulate and maintain control.

• Isolation: Abusers isolate their victims from friends, family, hobbies, and sometimes even their jobs. By cutting off external support systems, they maintain dominance over their partners.

• Guilt-Inducing Tactics: Abusers instill guilt in their victims, making them feel responsible for the abusive behavior or restricting their desire for independence.

Recognizing these patterns is crucial for identifying and seeking help in abusive relationships. Remember that this type of abuse can start subtly and escalate over time, so it’s essential to be aware of the signs and seek support when needed.

Seek Safety: If you or someone you know has been a victim of Dating Violence or Domestic Violence, the first priority is to get to a safe location.

Contact the Police: It is recommended that ASU PD be contacted as soon as possible following an incident of Dating Violence or Domestic VIolence. Contacting the police does not commit or obligate the survivor to having the assault investigated or prosecuted. The survivor can make that choice later. We believe in empowering a victim of a crime to make their own decisions, considering all of their options. Your safety is paramount to us. ASU PD can advise you of your options and can also preserve evidence while you consider your options.

Options for Reporting to Albany State University include:
ASU Police Department 229-430-4711
Title IX Coordinator: 229-500-3304
ASU Counseling Services: 229-500-3442 
ASU Student Health Services: 229-500-3544 or 229-500-3545 

You will often hear and see the term sexual misconduct, which is the broad term encompassing sexual exploitation, sexual harassment, non-consensual contact, non- consensual sexual intercourse, dating and domestic violence and stalking. The focus here is on Stalking. If you have experienced Stalking, it’s crucial to know that you are not alone, and there are resources available to support you. 

Stalking
is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• fear for the person’s safety or the safety of others; or
• suffer substantial emotional distress.

For the purposes of this definition

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

• Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
  
  
• Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.

Stalking is a pattern of unwanted contact or behavior that leads someone to feel upset, anxious, or scared for their safety. It involves consistent and intentional actions rather than isolated incidents. Here are some key points about stalking:

Common Behaviors:

• Monitoring and Following: Stalkers may know the victim’s schedule, track their whereabouts, or physically follow them.
• Unwanted Communication: This includes repeated texts, calls, or emails.
• Uninvited Appearances: Stalkers unexpectedly show up at the victim’s home, workplace, or school.
• Gifts and Possession Theft: They may deliver unwanted gifts or steal the victim’s belongings.
• Threats: Stalkers may threaten the victim or their friends and family.
• Other behaviors that lead to feeling unsafe, harassed, or monitored.

Recognizing these patterns is crucial for identifying and seeking help in cases of stalking. Remember that this type of abuse can start subtly and escalate over time, so it’s essential to be aware of the signs and seek support when needed.

Seek Safety: If you or someone you know has been a victim of Stalking, the first priority is to get to a safe location.

Contact the Police: It is recommended that ASU PD be contacted as soon as possible following an incident of Stalking. Contacting the police does not commit or obligate the survivor to having the indent investigated or prosecuted. The survivor can make that choice later. We believe in empowering a victim of a crime to make their own decisions, considering all of their options. Your safety is paramount to us. ASU PD can advise you of your options and can also preserve evidence while you consider your options.

Options for Reporting to Albany State University include:
ASU Police Department 229-430-4711
Title IX Coordinator: 229-500-3304
ASU Counseling Services: 229-500-3442 
ASU Student Health Services: 229-500-3544 or 229-500-3545