Non-Academic Regulations -- Ch5: 2000-2001 UVa Undergraduate Record

University policy prohibits sexual assault, which is considered a violent crime in all its forms, including assaults by friends and acquaintances. In addition to criminal prosecution or civil suit, specific procedures are in place for a student who wishes to lodge a sexual assault complaint against another student or employee of the University.

Forced intercourse or other unwanted sexual contact may be rape or sexual assault whether the assailant is a stranger or an acquaintance of the complainant. The University also recognizes that while most victims are female and most assailants are male, a perpetrator or victim can be of either sex. You may become a victim in several different ways. Some examples may include (but are not limited to) the following:

a person uses his or her body size/weight to forcefully intimidate a victim into having sex;
a person was too drunk to remember consenting to or even engaging in sexual activity, and there is evidence that non-consensual sexual activity occurred;
coerced sex occurs in the context of an abusive relationship;
the victim indicates a lack of consent but wonders if it was not "strong enough";
the accused perpetrator is drinking and does not respond to the victim's resistance;
a University employee or community member is assaulted by a University student;
someone gropes a victim over her or his clothes in a crowded room;
the perpetrator threatens to break up/kill himself or herself/spread lies about the victim;
the victim does not cry or scream for fear of escalating the assault or not being believed;
both victim and perpetrator are the same sex;
the victim invites the accused into her or his place of residence.

These are only a few examples of possible sexual assault scenarios. Individuals who are not sure if their case meets the definition of sexual assault are encouraged to contact either the Sexual Assault Resource Agency (SARA) 24-hour crisis hotline (977-7273), which serves the Charlottesville and University communities, or one of the University offices listed below.

If a student is unsure whether or not his or her experience fits into the legal definition of rape or sexual assault, it is important to seek medical attention immediately at the University of Virginia Hospital Emergency Room. There, specially trained Sexual Assault Nurse Examiners will contact the Sexual Assault Resource Agency, a community sexual assault crisis center which will send a companion to provide emotional support if desired. Alternatively, survivors may contact SARA themselves. Students are encouraged to report their assaults to the police. Requests for adjudication through the University is not dependent on whether or not a police report is filed. It is not the University's policy to call a student's parents unless there is a good reason such as the student is a legal minor or it is the expressed wish of the student that they be contacted.

A victimized student's options include:

criminal prosecution;
civil suit for damages;
third party anonymous report to the police;
internal hearing through the University's Sexual Assault Board; or
mediation between the complainant and the accused.

The University's Sexual Assault Education Coordinator (982-2774) can provide information and guidance regarding any or all of these options, and assistance in making decisions about what course of action to take is best for the survivor. Students may file for an internal hearing or mediation at the Office of the Dean of Students (924-7427). Internal hearings by the Sexual Assault Board, which are separate from the University Judiciary Committee, are confidential as provided by policy. For a written description of the hearing process, contact either the Sexual Assault Education Office or the Office of the Dean of Students.

Stalking is defined as: "one person's behavior directed at another person, that may be motivated by an intense affection or intense dislike of the victim, with the intent to place or with knowledge that the behavior places another person in reasonable fear of bodily harm or unreasonably and materially interferes with another person's education at the University."

A stalker may be a former partner, a classmate, a vague acquaintance, or a total stranger. Stalking can involve such behaviors as (but not limited to):

breaking into personal e-mail accounts;
watching the target's every move;
stealing mail;
breaking into a residence to alter or steal items;
leaving telephone threats, repeated calling, hang-ups, and much more.

More information about stalking may be found in the Sexual Assault Education Office.

Similar to dating violence, stalking falls under the aegis of the University Judiciary Committee for internal adjudication. Depending on the specific circumstances, a stalker can violate more than one of the twelve Standards of Conduct and be brought up on charges accordingly. Stalking is against the law in Virginia, starting as a misdemeanor and escalating to felony status. The University Police Department or the Sexual Assault Education Coordinator can discuss practical strategies to deal with a stalker, as well as clarify legal recourse.