Student Life

Sexual Assault Policy

Introduction

Sexual assault shows disregard for biblical precepts and criminal law as well as Christian community. Bethel College will not tolerate any acts or threats of sexual assault. Any person in the Bethel College community in violation of this policy is subject to disciplinary action and sanctions. Bethel College is committed to maintaining a learning and living environment which is fair, respectful and free of sexual violence.

According to the Higher Education Reauthorization Act (20USC 1092 (f)(7)), Bethel College must have a sexual assault policy on record, as well as a policy for sexual prevention. Additionally, colleges and universities must develop and publish as part of their annual security report policies regarding sexual assault prevention and victims' rights.

Definition of Terms

Sexual assault is a crime of aggression and violence. There is never justification for sexual assault. Sexual assault is a sexual act committed or attempted against another individual's will. This may be forced sexual contact by a date, family member, roommate, acquaintance or stranger. It includes a range of acts from unwelcome sexual touching to forced sexual intercourse. Sexual assault refers to any sexual act without the explicit consent of the recipient. Consent is defined as the act of willingly and verbally agreeing to engage in specific sexual contact or conduct. Psychological pressuring or any attempt to take advantage sexually of an individual under duress or incapable of making a decision on his or her own is a direct violation of the policy. This includes situations in which an individual is under the influence of alcohol, drugs or otherwise physically incapacitated. Force may include, but is not limited to, the use or display of a weapon, physically battering or immobilization of the other person.

Registering a Complaint

A person who has experienced an assault is encouraged to contact a member of the Student Development staff, Campus Safety, or other Bethel College staff or faculty. In order for a formal hearing to occur, the complaint of sexual assault must be made in writing or in person to the associate vice president for student development or his designee. The student has one calendar year from the time of identification to report the assault. Upon receipt of the complaint a preliminary investigation will begin. If the associate vice president for student development determines there is basis for a hearing, notice or charges will be prepared and delivered to the parties. The accused student will receive a written notice stating the nature of the complaint, the standards of conduct allegedly violated, the name of the reporting person, the date, time and place of the meeting and the names of the members on the Student Development Committee. A committee member who feels his or her presence would be inappropriate because of prior or present connections with a party or any other person involved in the hearing must inform the associate vice president for student development and withdraw from the process. A party may challenge a committee member for cause.

The complainant has the right to request consideration of a change in living arrangements or other modifications to avoid forced contact with the accused. An alleged assault may be declared an unapproved guest on campus, pending the outcome of the Student Development Committee. Unapproved guests are subject to additional college disciplinary action or arrest if found on campus.

Hearing Guidelines

  1. If the assailant is a Bethel College student, the complainant may request a hearing with the college’s Student Development Committee. Each party may be assigned, or may choose a faculty or staff advisor to provide support throughout the process. Incidents involving perpetrators who are nonmembers of the college community will be processed according to the local and state laws.
  2. Any participant in the hearing process may not disclose the identity of the involved parties, either directly or indirectly, except where disclosure may be required by law. All participants will be reminded during the hearing that their participation and testimony should remain confidential following the hearing. Minimal internal documentation will be created. Committee members shall not discuss the case with anyone outside of the hearing. Doing so jeopardizes an appropriate and just outcome.
  3. Should either party fail to appear at the scheduled hearing the associate vice president for student development may continue the proceedings or determine the complaint on the basis of evidence presented. Both parties must present written statements to the associate vice president for student development describing his/her position and a list of witnesses to be called and their expected testimony at least three days prior to the hearing. The parties are responsible for the appearance of their designated witnesses at the scheduled hearing.
  4. The associate vice president for student development may, upon consultation with the Student Development Committee, determine that the case is without merit and dismiss the complaint, notifying the parties. The complainant may appeal such decision by filing a written appeal to the Student Development Committee. Such appeal must be made within ten calendar days of the notice of decision of the associate vice president for student development.
  5. The associate vice president for student development will determine the order of witnesses and hearing protocols. Witnesses will be called individually for their statement and will not be present otherwise during the hearing. The associate vice president for student development and the committee members will question the parties and the witnesses. The parties’ advisors may be present and may be consulted by the parties throughout the hearing. After all witnesses have been questioned, each party or his/her advisor may make a written or oral closing statement.
  6. If the accused student is found guilty the complainant may present the committee with a statement recommending a sanction. All decisions by the committee will be made by majority vote. Based on evident presented, the committee first determined the guilt or innocence of the accused student, and then, if appropriate, the sanction. The decision of the Student Development Committee will be made without the parties present. In determining an appropriate sanction the committee may consider any record of past violations of Bethel College’s code of conduct as well as the nature and severity of the misconduct. Within three calendar days from the conclusion of the hearing, the associate vice president for student development will provide the parties with copies of the committee’s decision. Either party may appeal the committee’s decision by contacting the president in writing within three days of the notification of the committee’s decision.
  7. The appeal process will follow standard Bethel policy. This policy, as well as information about the Student Development Committee and the disciplinary procedures, can be found on the Bethel College website.

Disciplinary Options