NUMBER:		STAF 1.09
SECTION:	Division of Student Affairs

SUBJECT:	Relationship Violence and Stalking Policy

LATEST REVISION: August 7, 2001

DATE:		May 29, 2000

Policy for:	Columbia Campus
Procedure for:	Columbia Campus
Authorized by:	Dennis A. Pruitt
Issued by:	Office of the Vice President

													

I.	POLICY

Relationship violence, stalking and sexual assault are related phenomena and 
can often occur in the same relationship.  However, there are characteristics 
that are unique to each, and the University of South Carolina chooses to adopt 
separate policies in order to facilitate understanding and accessibility to 
resources.  As a matter of policy, relationship violence, including harassment 
and stalking, will not be tolerated in the University community.  Students are 
encouraged to use services provided by the Office for Sexual Health and Violence 
Prevention.  Office for Sexual Health and Violence Prevention (SH&VP) manages 
this policy.


II.	RATIONALE

The University of South Carolina is an educational community bound by common 
standards of conduct and a commitment to its educational mission.  Relationship 
violence is considered particularly troubling because it interferes with the 
educational mission by:

· Endangering the physical and emotional safety of community members;
· Damaging trust in the community;
· Offending the dignity and violating the autonomy of community members;
· Disrupting the academic progress of victims or survivors during the abusive 
  relationship and during any subsequent attempt at recovery.

National statistics indicate that members of college communities are at 
significant risk of being physically, emotionally or sexually assaulted, most 
probably by someone known to or trusted by the victim.  Studies have shown that 
both relationship violence and sexual assaults occur with disturbing frequency 
among college-age men and women but are very often unreported.  In order to 
provide for the needs and care of victims, as well as to enforce behavior 
standards critical to our mission, it is important that all violations of 
this policy are reported to appropriate authorities, including the law enforcement 
officials or agencies with jurisdiction in the location of the incident.

Portions of this policy may parallel published laws, but are in no way intended 
to substitute or supplant those laws.  As members of the University community, 
students are expected to comply with and abide by the University policies and 
guidelines, in addition to federal, state, and local laws whether off campus or 
on-campus.  The use of alcohol and other drugs in conjunction with an incident 
of relationship violence does not mitigate accountability for the commission of 
these acts or diminish the seriousness of the offense. 

 III.	UNIVERSITY DEFINITION

Relationship Violence:  For the purposes of this policy and related procedures, 
the term RELATIONSHIP VIOLENCE is defined as:   (1) Physical behavior (e.g. 
slapping, pulling hair, punching); (2) Threats of abuse (e.g. threatening to hit, 
harm or use a weapon on another, or other forms of verbal abuse); and 
(3) Emotional abuse (e.g. harassment) directed toward a current or former partner 
or spouse.

Also addressed by this policy is STALKING which is defined as a pattern of 
conduct that is intended to cause or does cause a person to fear:  (1) Death 
or death of others important to that person; (2) Assault or assault of others 
important to that person; (3) Bodily injury or bodily injury of others important 
to that person; (4) Sexual assault or sexual assault of others important to that 
person; (5) Involuntary restraint or involuntary restraint of others important 
to that person; (6) Damage to property or damage to property of others important 
to that person; (7) Confinement or confinement of others important to that person, 
(8) Threats of harassment via electronic devices (e.g. e-mail, phone, fax).  The 
relationaship between the perpetrator and the victim may be a current or former 
partner or spouse, dating relationship, acquaintance, or stranger.


IV.	CRIMINAL DEFINITION

The South Carolina Code (SC Code Ann. Sec. 20-4-20, & 16-25-10) defines domestic 
abuse as "physical harm, bodily injury, assault or the threat of physical harm" 
directed toward "persons who have a child in common, and persons cohabiting or 
formerly cohabiting."  Given the nature of the University community, we choose 
to expand this definition of "domestic" to also include current or former 
dating relationships.

The South Carolina State Code (SC Code Ann, Sec. 16-3-1700) defines harassment as 
a "pattern of intentional, substantial and unreasonable intrusion into the private 
life of a targeted person that causes the person and would cause a reasonable 
person in their position to suffer mental distress."  The law describes the 
punishment associated with a harassment conviction.  Harassment is a Class B 
Misdemeanor and punishment can range from a $200 fine and 30 days in jail up 
to a $1,000 fine and not more than 1 year in jail.

The South Carolina State Code (SC Code Sec. 16-3-1700) defines stalking as a 
"pattern of words or conduct that is intended to cause, and does cause, a 
targeted person and would cause a reasonable person in the targeted person's 
position to fear:  (a) Death of the person or others important to that person; 
(b) Assault upon the person or others important to that person; (c) Bodily 
injury to the person or others important to that person; (d) Criminal sexual 
contact on the person or others important to that person; (e) Confinement of 
the person or others important to that person; and (f)  Damage to the property 
of the person or others important to that person."

The law describes the punishment associated with a stalking conviction.  Stalking 
can be charged as a Class B Misdemeanor with punishment of a fine not more than 
$500 and imprisonment of not more than 30 days.  Additionally, anyone convicted 
of two violations must be fined not more than $3,000 and imprisoned not more 
than 3 years, or both.  Stalking can range from a Class B Misdemeanor to a Class 
D Felony with punishment of a fine not to exceed $1,000 and imprisonment of not 
more than 1 year to a fine of $10,000 and imprisonment of up to 15 years.


V.	IMMEDIATE RESPONSE AND REPORTING

Victims of relationship violence and sexual assault/battery are encouraged to 
report the incident to law enforcement agencies and contact the Office for Sexual 
Health and Violence Prevention. University personnel should always encourage 
victims to report and fully disclose incident(s) of relationship violence to 
the police.  If the victim is sexually assaulted, he/she is strongly urged to 
go through the rape protocol exam for medical attention and for the purpose 
of preserving important physical evidence of the assault.  This evidence may 
be used if the victim chooses to pursue legal prosecution at a later date.  
The rape protocol exam should be completed as soon as possible.  However 
physical evidence can be obtained up to 72 hours after the assault.  It is 
also possible that other evidence can be collected beyond this time. 
 
A victim/survivor may also choose to file a report with the University's Office 
of Student Judicial Programs.  An explanation of this procedure can be obtained 
by calling 777-4333.  The discipline procedures are also described in a separate 
section below and published in the Carolina Community.

University community members are strongly encouraged to report incidents of 
relationship violence given the potential harm to persons, violations of community 
standards, and the need to monitor the campus climate.  Any member of the 
university community may file an anonymous report that does not identify the 
parties involved with the Office for Sexual Health and Violence Prevention.  
This report may be filed regardless of any legal or university disciplinary 
action.  This report provides University staff with information about the 
incident that may be valuable in their efforts to prevent future incidents 
and to educate other students about high-risk situations.  Members of the 
university community who have knowledge about either an abusive incident or 
a sexual assault are strongly encouraged to file a report with the Office 
for Sexual Health and Violence Prevention, even if they opt not to identify 
the parties involved.


VI.	VICTIM'S BILL OF RIGHTS

 All students have the right to an environment free from physical assault, 
emotional abuse, sexual intimidation, or any behaviors that interfere with 
students attaining their educational goals.
 In keeping with spirit of the State of South Carolina's Act 141: Victim 
and Witness Services, Victims of relationship violence who report their 
experience to University officials can anticipate that . . . 
 University personnel will treat all incidents of relationship violence seriously.
 Victims will be treated with dignity and respect.
 Victims will be treated in a non-judgmental manner.
 Campus organizations and services that can assist victims will be identified.
 When a crime is reported to University officials, those officials will 
offer assistance in notifying proper authorities.
 In a student judicial hearing, the University brings allegations against 
the accused, and the victim assumes the role of a witness to the allegations. 
 When a victim reports an incident of relationship violence and action is 
pursued against the alleged assailant, the incident will be investigated 
and adjudicated by appropriate criminal and/or University authorities.
 Victims have the choice to have an advocate accompany them through University 
disciplinary proceedings.
 A victim will be notified of the progress of the case, including initial 
contact with the alleged assailant and outcomes related to University discipline 
proceedings.  Concerning these outcomes, the victim and charged student must 
respect the privacy rights of all involved.
 University personnel will cooperate in obtaining, securing and maintaining 
evidence (including a medical examination), necessary in legal proceedings.
 Victims will be informed of counseling services available.
 Victims can request immediate on-campus housing relocation, transfer of 
classes, or other steps to prevent unnecessary or unwanted contact or proximity 
to an alleged assailant.  When possible, requests will be accommodated.


VII.	DISCIPLINE POLICIES AND PROCEDURES FOR VICTIM AND/OR WITNESS(ES)

In publishing this policy the University does not intend to substitute or 
supersede related civil and criminal law.  It is the policy of the institution 
to strongly encourage victims to report all incidents and violations to the 
law enforcement officials or agencies with appropriate jurisdiction and avail 
themselves of all the services and rights to which they are entitled by law.

Witnesses to or victims of any of the above-described misconduct may wish to 
contact the Office of Student Judicial Programs, if the accused party is a 
USC student.  In this event, officials from that office will meet with the 
victim or witness to discuss the report and determine whether there is reason 
to believe a conduct code offense has occurred.  At the same time, discipline 
procedures will be explained to the victim or witness, including the role of 
the victim, the witness, the accused, and the University.  Also, possible 
resolutions will be explored. The victim will be notified about the progress 
of the investigation, including but not limited to the initial meeting with 
the alleged assailant.

During this initial meeting an investigative interview may be conducted.  At 
the victim's request or with his/her permission, an advisor, counselor, parent, 
friend, attorney, or a staff member with Sexual Health and Violence Prevention 
may attend this interview. The University representative will answer questions 
and provide general information about alternative options available to the 
victim or witness, including civil and criminal options.  With the victim's 
permission, the USC Police Department's Victim/Witness Coordinator or a 
designee may also be present at the interview. 

In accordance with the Victim's Bill of Rights, if it is determined that there 
exists sufficient reason to believe a violation of a University policy has 
occurred, disciplinary procedures may be initiated.  It is important to note 
that special accommodations can be made to facilitate victim-involvement in 
the student judicial proceedings.  For example, the victim has the option to 
remain in the room during the entire student judicial hearing.  Additional 
accommodations may include indirect questioning, special seating arrangements, 
etc.

It should be understood that victims and witnesses are not initiating Student 
Code of Conduct charges; the University is considered the complainant, and 
is responsible for continuing the investigative process.  Victims and witnesses 
will be asked to contribute testimony and information to assist in the 
resolution of the complaint, as outlined in the Carolina Community.  It should 
be reiterated that, consistent with the Victim's Bill of Rights, the victim 
has the right to withdraw from the investigation at any time.  Charges can 
be investigated on the basis of either a statement of relationship violence 
from the victim or a witness's statement or complaint (i.e. residence hall 
staff, police, faculty, staff, and another student).   The university may 
proceed with disciplinary action even when the alleged victim voluntarily 
chooses not to participate in the process.  Additional questions or concerns 
regarding disciplinary proceedings should be directly addressed to the Office 
of Student Judicial Programs (777-4333).


VIII.	DISCIPLINE POLICIES AND PROCEDURES FOR THE ACCUSED

At the beginning of the discipline process, individuals thought to have 
relevant information, including the accused, will be contacted and interviewed 
by a University official from the Office of Student Judicial Programs or a 
designee.  If sufficient information is gathered to determine that there are 
reasonable grounds to proceed with the discipline process, charges will be 
filed under the Student Code of Conduct found in the Carolina Community.

 A.	Rights and services for accused student(s):

1.	Rights:

The right to know the nature and source of the evidence used in the hearing process.  
The right to choose whether the case is heard by an Administrative or University 
Conduct Hearing.
The right to present witnesses and material evidence relevant to the case.
The right to an attorney or advisor to aid in the preparation and presentation 
of the case.

2.	Services:

Access to services from the Counseling and Human Development Center and Thomson 
Student Health Center.
Voluntary residence hall relocation when available.
Consultation with an administrator on academic support services and referrals 
to community resources when appropriate. 
 When appropriate and feasible, the Office of Student Judicial Programs may 
expedite access to campus and community resources on behalf of the charged student. 

Accused parties should refer to the appropriate section of the Carolina Community, 
"Options for Resolution of Disciplinary Charges," for information on their rights, 
responsibilities and the discipline procedures.  Additionally, accused parties 
should refer to the section regarding the Victim's Bill of Rights, to gain an 
understanding of the rights of victims of relationship violence.

Further questions or concerns on the part of the accused student should be directed 
to the Office of Student Judicial Programs (777-4333). Current community resources 
can be accessed by contacting South Carolina Coalition Against Domestic Violence 
and Sexual Assault at 256-2900.


IX.	ADDITIONAL INFORMATION

For additional information on specific referrals, please refer to the Carolina 
Community.  Campus resources include the University's Victim/Witness Coordinator 
(777-8400), University Police (777-4215), the Office of Student Judicial programs 
(777-4333), the Office of Residence Life (777-4129), the Counseling and Human 
Development Center (777-5223), and Office for Sexual Health and Violence 
Prevention (777-7619), and International Programs for Students (777-7461).

This page copyright © 2000-01, The Board of Trustees of the University of South Carolina.
URL http://www.sc.edu/policies/staf/staf109.html