UNIVERSITY OF GEORGIA
RELATIONSHIP AND SEXUAL VIOLENCE POLICY

Introduction
The University of Georgia (“the University”) is committed to a safe and respectful environment for living, work, and study.  To that end, and in accordance with federal and state law, the University does not condone interpersonal violence of any kind, including sexual and relationship violence. Every member of the University community should be aware that such behavior is prohibited by University policy and be familiar with the University protocol for responding to reported violations. The University is also dedicated to providing assistance and support to students who have experienced relationship and/or sexual violence (“the student”) and to making educational programs directed at prevention and awareness of relationship and sexual violence available to the campus community. In addition to cooperating with law enforcement officials in the prosecution of perpetrators, the University will take appropriate action to respond to and invoke sanctions for behavior that is found to violate this policy.

Application
This policy governs the conduct of all University of Georgia students under the jurisdiction outlined in the University Code of Conduct. This policy defines the acts of relationship and sexual violence prohibited by the Student Code of Conduct. It provides guidance on what students can do if they have been victimized and what the University will do if an incident occurs. Separate policies, including the Non-Discrimination and Anti-Harassment Policy, govern the conduct of faculty, staff, and administrators. These policies prohibit conduct that violates law and University policy and outline sanctions and disciplinary procedures for non-student offenders.

Definitions
Relationship violence is physically, sexually and/or psychologically abusive behaviors used by one individual to maintain power and control over an intimate partner. Intimate partners may be dating, cohabitating, married, separated or divorced. Relationship violence can occur in same- or opposite-sex relationships. Examples of relationship violence include, but are not limited to:

• attempting or committing an act that causes fear of injury [simple assault]
• assaulting with a deadly weapon or with intent to murder, rape or rob [aggravated assault]
• intentionally causing physical harm to another; making insulting or provoking physical contact [simple battery]
• intentionally causing substantial physical harm [battery]
• following, placing under surveillance or contacting without consent for the purpose of harassing and intimidating [stalking]
• stalking in violation of a restraining or protective order, condition of probation, etc. [aggravated stalking]
• threatening to commit an crime of violence or to damage property [terroristic threats]

Sexual violence is any unwanted or non-consensual sexual act. Sexual violence can be committed by acquaintances, casual or long-term dating partners, spouses or strangers. The use of alcohol, by either party, in conjunction with an incident of sexual violence, does not mitigate responsibility or diminish the seriousness of the offense. Examples of sexual violence include, but are not limited to:

• non-consensual, intentional contact with intimate body parts [sexual battery]
• non-consensual, intentional penetration with a foreign object [aggravated sexual battery]
• non-consensual penetration of the female sex organ by the male sex organ [rape]
• non-consensual oral or anal sexual acts [aggravated sodomy]
• sexual intercourse with any person under the age of 16 [statutory rape]
• sexual acts with or in the presence of a child under the age of 16 with intent to arouse or satisfy desires of either child or person [child molestation]
• lewd exposure of sexual organs in public [public indecency]

Consent is defined as clearly communicating agreement or permission to participate in sexual activity. The individuals consenting must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. Such consent may be withdrawn at any time, without regard to activity preceding the withdrawal of consent. A current or previous intimate relationship is not sufficient to constitute consent. Consent may not be inferred from silence or passivity alone. Non-consent occurs when the complaining party is prevented from resisting or giving consent as a result of intoxication, or is unconscious at the time of the act, and this fact is known to the person committing the act. It is a violation of this policy to engage in any form of sexual activity without the consent of the other person.

Coercion is the use of physical force, threat, intimidation, or exploitation of a person’s mental or physical impairment of which the accused was aware or should have been aware. Mental or physical impairment refers to the victim's inability to understand the situation, understand the consequences of his/her choices, or to express his/her desires. This may include, but is not limited to, intoxication, being under the influence of drugs, unconsciousness, or other cognitive impairment, or being under the age of consent in the State of Georgia. The use of coercion in a sexual encounter constitutes a lack of consent.

Student Survivor Options
Seeking Medical Care
A physical exam should be done in all cases of sexual assault, regardless of the length of time that has elapsed since the violence. Medically related concerns may include pregnancy, sexually transmitted infections (including HIV) and physical injuries. If the violence occurred within the past 72 hours, a survivor has the option of having an evidence collection exam.
Consider seeking medical attention for any physical abuse experienced.

The Office for Violence Prevention (OVP) Sexual Assault Center of Northeast Georgia, or Project Safe
These agencies offer crisis support, consultation, advocacy, referrals, assistance with medical, legal and counseling services and other support. The Office for Violence Prevention serves as an on-campus resource for students who have experienced relationship or sexual violence or for any student or staff member responding to a report of interpersonal violence. OVP serves as a "home base" for students who report violence; it does not provide counseling but provides crisis support, information, advocacy, and support with administrative processes. The Sexual Assault Center of Northeast Georgia provides a number of services for survivors of sexual assault including a crisis hotline, rape kits, medical and legal advocacy, counseling and education. Project Safe provides a 24-hour hotline, referrals, support groups and a safe shelter in a confidential location for women and their children who are survivors of domestic violence.

Reporting to Officials
A student who experiences violence has several reporting options to consider. It is always the survivor’s choice as to whether to report. An incident may be reported to the University administration (if alleged offender is a University student) or to the appropriate law enforcement agency, or both. It is most efficient to file a report both with police and with the Office of Judicial Programs. The criminal investigation and the campus judicial investigation are independently conducted, occurring simultaneously or sequentially, on a case-by-case basis.

Reporting to the Police
Time is of the essence when sexual violence has occurred. The sooner violence is reported, the easier it is to collect valuable evidence. If reported to the police within 72 hours, a Sexual Assault Nurse Examiner can conduct a Rape Protocol Exam (rape kit). In order to preserve physical evidence of sexual violence, it is advised not to urinate, shower/bathe, douche, brush teeth, or wash clothing (unless they are certain they do not intend to report the incident to police). Any clothing worn at the time of the incident should be stored in a paper bag and taken to the hospital. If the use of rape drugs is suspected, ask that a urine sample be collected and preserved as evidence. Physical evidence for a criminal prosecution cannot be collected without a report being made to the police. After 72 hours, the Rape Protocol Exam cannot be conducted, but a police report can be filed.
If physical violence has occurred, contact the police to file a report. Documenting incidents of relationship violence is very important when working within the legal system.

Filing an Administrative Complaint
To file a complaint regarding another student, contact the Office of Judicial Programs. Reporting violence to Judicial Programs can begin the University’s investigation of the issue and serves as a form of official documentation of the incident. The identity of the alleged victim will be protected to the fullest extent possible under law. See the “Judicial Process” section below for more information. To file a complaint regarding a staff or faculty member, contact the Office of Legal Affairs.

Counseling
Talking with a counselor can be an important step in the recovery process. Students may be able to receive services on-campus. In addition, community based organizations can often provide direct counseling services and/or referrals to appropriate counseling resources.

Administrative Services
A student may request changes in her or his academic and living situations after a report of violence is made, and the University may grant any reasonable request for such change.

Data Form
A student may complete an anonymous data form about an incident of relationship or sexual violence. The purpose of this form is to collect aggregate statistical data in order to monitor service usage, detect trends, and inform educational and public information activities, including the University’s annual report on crime statistics. A copy of this form can be downloaded here.

Judicial Process
Reporting violence to the Office of Judicial Programs can begin the University’s investigation of the issue and serves as a form of official documentation of the incident. The Office of Judicial Programs will hear relationship or sexual violence cases among UGA students. The accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding. Both the accuser and the accused shall be informed of the final determination and sanctions if any of any campus disciplinary proceeding brought alleging a sexual offense. A finding of relationship or sexual violence under this policy will be considered a code violation. Disciplinary sanctions for violations of this policy will be imposed in accordance with the Code of Conduct. The range of sanctions includes, but is not limited to, the following measures: expulsion, suspension, reprimand, restriction, probation, and restitution. Student employees may additionally be subject to staff policies and procedures.

Survivor Assistance and Support
Faculty, staff and administrators receiving disclosures of violence from students are:

• Expected to follow the provisions outlined in this policy and direct students to this policy. 
• Expected to comply with the University Non-Discrimination and Anti-Harassment Policy (if applicable), which states that any student, faculty member, or employee who knows of, or receives a complaint of discrimination or harassment should report the information or complaint to a supervisor and/or the Non-Discrimination/Anti-Harassment Officer.
• Encouraged to immediately refer students to the Relationship/Sexual Violence Prevention Coordinator, who is housed in 116 Memorial Hall and can be reached at 542-SAFE.

Students who experience violence may seek confidential counseling through Counseling and Psychological Services (542-2273) or through an off-campus agency. Students may request changes in academic and living situations and changes will be granted if reasonably available. 

Statistical Reporting and Data Collection
University officials with significant responsibility for student and campus activities are required to complete a “Data Form for Relationship and Sexual Violence Incidents” for each student disclosure of relationship or sexual violence. The purpose of this form is to collect aggregate statistical data to monitor service usage, detect trends, and inform educational and public information activities, including the University’s annual report on crime statistics. The University will provide statistics of reported crimes as required and defined by the Campus Security Act and the Student-Right-to-Know-Act. The form should not include any personally identifying information. Completed forms should be mailed to Office for Violence Prevention, 116 Memorial Hall, University of Georgia, Athens, GA 30602-1755.

Prevention and Educational Efforts
The University of Georgia employs a multifaceted approach to preventing relationship and sexual violence. The University coordinates its efforts to combat the problems of relationship and sexual violence through the Relationship and Sexual Violence Prevention and Response Coalition. The campus maintains the Relationship and Sexual Violence Prevention and Response (RSVP) program, housed in 116 Memorial Hall. OVP provides the university community with educational programs and materials relating to the prevention of sexual and relationship violence. OVP also offers advocacy, consultation, information and referrals to students who have experienced violence.

Conclusion
All members of the University of Georgia community share a responsibility for upholding this policy as we strive to attain our vision of creating a university where people feel safe and supported and where healthy, respectful relationships and a culture of nonviolence prevail.