 |
A college or
university in a free society must be devoted to the pursuit of truth and
knowledge through reason and open communication among its members.
Academic communities acknowledge the necessity of being intellectually
stimulating environments where diversity of ideas is valued. Rules must
be conceived for the purpose of furthering and protecting the rights of
all members of the university community. Applicable state and federal
laws and institutional rules and regulations governing personal behavior
limit the boundaries of personal freedom. In creating a community free
from sexual violence in all its forms, respect for the individual and
for human dignity is of paramount importance.
The state of New
Jersey recognizes that the impact of violence on victims and the
surrounding community can be severe and long lasting, and passed
legislation to address sexual violence occurring on college campuses. The
Campus Sexual Assault Victim's Bill of Rights is a product of this
legislation. The Bill of Rights serves to articulate requirements for
policies, procedures, and services for victims at all post-secondary
educational institutions throughout the state. It is designed to insure
that the needs of victims are met and that the colleges and universities
in New Jersey create and maintain communities that support human
dignity.
The following rights
shall be accorded to victims of sexual assault that occur on the campus
of any public or independent institution of higher education in the
state of New Jersey, and in circumstances in which the victim or alleged
perpetrator is a student at such an institution, and/or when the victim
is a student who has been sexually assaulted in an off-campus setting.
Human Dignity
Rights - Victims have the right:
- to be free from any
suggestion that they must report the crimes to be assured of any other
right guaranteed under this policy;
- to have any
allegations of sexual assault treated seriously;
- to be treated with
dignity;
- to be free from any
suggestion that victims are responsible for the crimes against them,
including the right to be free from any pressure from anyone to:
- report crimes if
the victim does not wish to do so;
- report crimes as
lesser offenses than the victim perceives the crime to be;
- refrain from
reporting crimes;
- and refrain from
reporting crimes to avoid unwanted personal publicity.
Rights to Resources
On and Off Campus - Victims have the right:
- to be notified of
existing campus and community-based medical, counseling, mental health
and student services for victims of sexual assault whether or not the
crime is formally reported to campus or civil authorities;
- to have access to
campus counseling under the same terms and conditions as apply to other
students in their institution seeking such counseling;
- to be informed of
and assisted in exercising:
- any rights to
confidential or anonymous testing for sexually transmitted infections,
human immunodeficiency virus, and/or pregnancy;
- any rights that
may be provided by law to compel and disclose the results of testing
of alleged perpetrators for communicable diseases.
Campus Judicial
Rights - Victims have the right:
- to be afforded the
same access to legal assistance as the alleged perpetrator;
- to be afforded the
same opportunity to have others present during a campus disciplinary
proceeding that is allowed the alleged perpetrator;
- to be notified of
the outcome of the sexual assault disciplinary proceeding against the
alleged perpetrator.
Legal Rights -
Victims have the right:
- to have any
allegation of sexual assault investigated and adjudicated by the
appropriate criminal and civil authorities of the jurisdiction in which
the sexual assault is reported;
- to receive full and
prompt cooperation and assistance from campus personnel in notifying the
proper authorities;
- to receive full,
prompt, and victim-sensitive cooperation from campus personnel with
regard to obtaining, securing, and maintaining evidence, including a
medical examination when it is necessary to preserve evidence of the
assault.
Campus Intervention
Rights - Victims have the right:
- to require campus
personnel to take reasonable and necessary actions to prevent further
unwanted contact of victims by their alleged perpetrators;
- to be notified of
the options for and provided assistance in changing academic and living
situations if such changes are reasonably available.
Back to Sexual Violence, Assault, and Rape page
|
|
