Sexual Misconduct Policy
Jefferson College of Health Sciences is committed to raising the awareness among students, staff and faculty regarding the issue of sexual misconduct, including sexual assault and relationship abuse. The College strives to: maintain a safe campus and learning environment, provide prompt and compassionate support, provide services for victims of sexual misconduct and relationship abuse and strictly enforce its sexual misconduct and abuse policies. Any form of sexual misconduct or relationship abuse may result in criminal and/or civil legal action. It is also a serious violation of the College’s values and expectations. Thus, sexual misconduct and other forms of abuse are punishable through the College judicial system.
Sexual misconduct is defined as sexual contact without consent that causes physical or emotional distress to the victim. Sexual misconduct extends to include sexual assault or any sexual conduct that is nonconsensual. To constitute lack of consent, the contact(s) must be committed either by force, threat, or intimidation or through the victim’s mental or physical helplessness of which the accused was aware or should have been aware, such as when under the influence of alcohol or other drugs. “Incapacitated” means intoxicated to the point that the person is incapable of exercising the judgment required to decide whether to consent. Acts of sexual contact include but are not limited to: sexual intercourse; sexual penetration with an object; sodomy (oral or anal intercourse); or the intentional touching of a person’s genitals, breasts, thighs, or buttocks (including the unwelcome touching of the victim by the accused or situations where the victim has been forced to touch the accused). Sexual contact can occur over clothing.
Students who would like to discuss their situations in a private environment, and share or seek information about a sexual misconduct issue without making a formal complaint have a number of options. At various offices on campus and off campus, students can speak to individuals who have professional or legal obligations to keep communications with the student confidential. When seeking advice and support, students who are concerned about confidentiality should always discuss that concern with the person to whom they are speaking, and should inquire about any limits on that confidentiality. Information shared with a counselor within the JCHS Student Affairs Office regarding a sexual misconduct allegation or any other abusive conduct allegation will not be shared with anyone outside the JCHS Student Affairs Office without prior consent. The conditions under which the right to confidentiality could be broken include a subpoena, if a client threatens to hurt self or others, or if there is a suspicion of child abuse. Information shared with the JCHS Student Affairs Office will only be discussed with other departments at the College on a need to know basis. The JCHS Student Affairs Office will make every effort to inform the victim if information is to be shared with another department. Generally, confidentiality applies when a student seeks services from the following resources:
- A SARA (Sexual Assault Response and Awareness) advocate.
- (540) 345-7273
- A professional counselor or other mental health professional, including
- counselors at the Student Affairs Office (540) 985-8395, and the
- Employee Assistance Program (540) 981-8950.
- A health care provider.
- A personal attorney.
- A member of the clergy.
Seeking Help for Sexual Misconduct A victim of sexual offense has a number of options available to consider. The College strongly recommends that a victim consider the following options:
- Seek medical attention, if appropriate. It is important to seek medical attention to be examined for the possibility of injury or sexually transmitted diseases. It is also important to preserve physical evidence in the event that the victim should decide to prosecute.
- Obtain counseling. Counseling resources, which are available at no cost to students, are listed in the JCHS Student Handbook.
- File a complaint through the College judicial system. If the accused is a College student, the victim may initiate College action through the Dean for Student Affairs or any member of the Student Affairs staff.
- If the accused is a College faculty or staff member, the victim may initiate action through the Carilion Department of Human Resources, the Office of the Dean for Student Affairs, or Counseling Services.
- File criminal charges through the Commonwealth of Virginia. Charges may also be filed with the Carilion Police Department.
- Consult with private counsel. Explore the possibility of filing a civil suit against the accused for monetary damages.
- Change the academic/on-campus living situation. The victim is entitled to request and the College will reasonably attempt to accommodate, a change in on-campus living arrangements, class schedules, or other accommodations deemed necessary as a result of the incident. Consult with the Dean for Student Affairs and/or the Director of Student Life regarding these arrangements.
Filing a Formal Complaint for Sexual Misconduct The College takes all incidents of sexual misconduct very seriously. There are two options for students to make a formal complaint of sexual misconduct. A student may pursue either or both of these options.
- A student can make a formal complaint about sexual misconduct to the Dean for Student Affairs or any other Student Affairs employee by contacting (540) 985-8395.
- A student can make a formal complaint about sexual misconduct to the appropriate law enforcement authorities, which would be the Carilion Police Department (7-7911) in the case of sexual misconduct that occurs on campus. Not all sexual misconduct is criminal behavior. The law enforcement authorities can assist a student in determining whether the conduct experienced was criminal in nature and warrants a criminal complaint.
Note: A student may seek and receive support services from the Student Affairs Department without making a formal complaint. Except in cases where there is a threat of harm to other members of the campus community, neither the College nor the Carilion Police Department will pursue charges against an accused student without the authorization of the student making a complaint. A student may need support when talking with law enforcement or College administrators. Students are entitled to be assisted by a victim advocate at every stage of the process and are encouraged to consult with the victim advocate and bring the victim advocate to meetings.
There is no time limit on making a complaint to College administration. However, students are strongly encouraged to report incidents of, or share information about, sexual misconduct as soon as possible after the incident occurred. The College may ultimately be unable to adequately investigate if too much time has passed or if an accused individual has left the College. Other factors that could negatively affect the College's ability to investigate include the loss of physical evidence, the potential departure of witnesses, or loss of memory.
In an emergency: Call 911 or 7-7911 (Carilion Police Department) from wherever you are, and a law enforcement officer will respond to assist you. Students may also file an anonymous report of an alleged sexual assault with one of many agencies including on-campus and off-campus resources., On-campus resources include the Dean for Student Affairs, any member of the Student Affairs staff, any college administrator, the Carilion Police or JCHS Security Department. An anonymous report can also be made off-campus to the Roanoke City Police Department, The SARA Program and the Roanoke Memorial Emergency Department. Making an anonymous report helps survivors to begin to take back control and begin the healing process without having to make an official report and disclose any names.
Sanctions for Sexual Misconduct, Stalking and Abusive Conduct Violations of these policies are very serious. Students found in violation of these policies may face disciplinary probation, suspension, or permanent dismissal from the College depending upon the circumstances and severity of the incident. Faculty, staff, or employees may face disciplinary action based on Carilion Clinic policies and procedures.
Educational Programs Information about educational programs focusing on the awareness and prevention of sexual misconduct and sexual harassment is available through the Violence Against Women (VOICE) Program Coordinator at (540) 985-9711 or the Director of Counseling and Wellness at (540) 985-8395.
Resources The following resources are available to a victim of sexual misconduct:
24 hour Emergency Resources
- Carilion Roanoke Memorial Hospital, Emergency Department, Belleview Avenue and South Jefferson Street, SE, (540) 981-7000
- SARA (Sexual Assault Response 24 hour -Confidential Hotline), (540) 345-7273
- Carilion Clinic Police Department, (540) 981-7911 or 7-7911
- Blue Ridge Behavioral Healthcare Crisis Services, (540) 981-1102
- Violence Against Women (VOICE) Program Coordinator, Student Affairs Suite, Fourth Floor, CRCH or by calling (540) 985-9711
JCHS Student Affairs Resources and Other Community Resources Note: These resources may not provide 24-hour assistance. For 24-hour assistance, use one of the resources listed above or call 911 or 7-7911.
- Dean for Student Affairs, Student Affairs Suite, Fourth Floor, CRCH or by calling
- Director of Counseling and Wellness, Student Affairs Suite, Fourth Floor, CRCH or by calling (540) 985-8395
- Director of Student Life, Student Affairs Suite, Fourth Floor, CRCH, at (540) 224-4693
- Assistant Director of Student Life, Student Affairs Suite, Fourth Floor, CRCH, at (540) 224-4686
- Jefferson College of Health Sciences Counseling Services; appointments can be made by calling (540) 985-8395
- Roanoke City Commonwealth’s Attorney, 113 Church Ave., SW., Roanoke, VA at (540) 853-2626 or after 5 p.m. at (540) 853-2629
- Carilion Clinic Department of Human Resources, (540) 345-1042
- Carilion Employee Assistance Program, 213 McClanahan St., Suite 201A, Roanoke, VA at (540) 981-8950 or 1-800-992-1931
Sexual Harassment Policy The College is committed to creating and maintaining a work, study and living environment free of conduct and communication of a sexual nature that interferes with an individual’s work or academic performance or that creates an intimidating, hostile or offensive work, academic, or living environment. Sexual harassment is a serious violation of the College’s values and expectations. Thus, a violation of the sexual harassment policy is punishable through the College judicial system, criminal and/or civil action and/or Carilion personnel policies and procedures. The College administration is committed to maintaining standards consistent with the federal regulations regarding sexual harassment as defined in Section 7-3 of Title VII of the Civil Rights Act, which states: “Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature, constitute sexual harassment when:
a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s status in the College;
b. Submission to or rejection of such conduct by an individual is used to make academic and/or institutional decisions affecting such individual; Including granting, recommending or refusing to take any official action because of sexual favors or as a reprisal against a student who has rejected or reported sexual advances.
c. Such conduct has the purpose or effect of interfering with a student’s, faculty or staff member’s performance or creating an intimidating, hostile, or offensive environment.”
d. Such conduct is disregarded and there is failure to investigate allegations of sexual harassment whether reported by the student or as a reprisal against a student who is the subject of, or a witness to, the alleged harassment and there is failure to take immediate corrective actions in the event misconduct has occurred.
Sexual harassment can be overt or subtle and may involve persons of the same or different sex. In determining whether an alleged behavior constitutes sexual harassment, all the facts and circumstances surrounding the incident will be considered. Examples of sexual harassment include the following:
Verbal: unwanted sexual, abusive, or lewd language and/or jokes of a sexual nature; demands for sexual favors in exchange for other considerations; unwanted physical or verbal pursuit with a sexual theme; threats of or actual sexual assault or molestation.
Nonverbal: suggestive or insulting sounds and gestures; sexually graphic magazines, pictures, or calendars and the like, in or in clear view of a work area or public area or after an objection has been made by a person who lives in a private room in which these materials are displayed; displaying sending via mail or electronic mail sexually explicit or inappropriate messages; or obscene, abusive, or repetitive “hang-ups”.
Physical: unwanted touching, brushing, patting, pinching and sexual assault.
Reporting and Follow-up The College strives to ensure that students have a safe and secure environment that is conducive to learning and that affords students equal educational opportunities regardless of their sex.
Title IX of the Education Act Amendments prohibits sex-based discrimination in education programs and activities operated by schools that receive federal financial assistance, as Jefferson College of Health Sciences does.
Title IX requires that when a student files a complaint, or when a responsible College employee such as administrator, professor, or Title IX coordinator otherwise learns of possible sexual harassment discrimination by others, the College must immediately:
- Investigate if sexual harassment is found;
- Take appropriate steps to end the harassment;
- Eliminate the effects of the harassment; and
- Prevent the harassment from recurring.
The above actions must also occur if a student files a complaint, or a responsible school employee such as administrator, professor, or Title IX coordinator otherwise learns of possible sexual misconduct, stalking or any other forms abusive conduct.
Student Affairs handles student issues and the Dean for Administrative Services handles employee (faculty/staff) issues. The Dean for Student Affairs is hereby designated Title IX Coordinator for the College.
Colleges must have well-publicized policies against discrimination based on sex, including sexual harassment, and should train staff to recognize and report potential sexual harassment.
Stalking is defined as repeatedly contacting, following, or remaining in the physical presence of another person when the contacting person knows or should know that:
a. The contact is unwanted;
b. The contact causes the other person reasonable expectation of imminent physical harm or emotional distress (fear), or;
c. The contact causes substantial impairment of the other person’s ability to perform the activities of daily life. Contacting includes but is not limited to: telephoning, being in the presence of, transmitting letters or notes, or contacting through the use of technology methods.
Students charged with a violation of the stalking policy can be disciplined under the appropriate standards of conduct as defined in the JCHS Student Behavior Code.
Dating Violence and Abusive Conduct Policy
Dating Violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship.
- The type of relationship.
- The frequency of interaction between the persons involved in the relationship.
The College is committed to providing a safe campus environment for students, staff and faculty. The College will not tolerate any acts of abuse and will take steps to reduce occurrences of campus violence. Abusive conduct hinders the ability for individuals to have positive and non-threatening educational and working environments. Abusive conduct includes but is not limited to harassing, threatening or intimating behavior and can be in the forms of verbal, physical and non-verbal acts. Examples of abusive conduct include but are not limited to:
- Intimidating words or actions.
- Demeaning an individual or group of individuals based on cultural, religious, socio-economic, race or any other personal characteristic.
- Verbally, physically, emotionally, sexually abusing other individuals.
- Harassing and/or stalking an individual or group of individuals verbally, physically, sexually or by technology means.