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Bowling Green State University recognizes the seriousness of sexual offenses and commits itself to preventing such offenses.
The University Policy on Violence outlines, in full, the University's commitment to a safe environment in which acts of violence are not tolerated. Students
who report the occurrence of a sexual offense are treated with dignity. The University acknowledges the support services of
the Student Health Service, Department of Public Safety, Counseling Center, Coalition for B!G Choices, Office of Residence
Life, Student Legal Services, Wellness Connection, the Office of the Dean of Students, Office of the Vice President for Student
Affairs, and Behavioral Connections of Wood County. Many additional University offices also provide programming aimed at the
prevention of sexual offenses.
Sex Offender Registration
Federal law requires convicted sex offenders to register for the purpose of community notification. In addition, these laws
provide for the tracking of convicted sex offenders enrolled at or employed by institutions of higher education. The law requires
sex offenders, already required to register in a specific state, to provide notice of each institution of higher education
in that state at which that person is employed or enrolled as a student. This registration is to be made available to law
enforcement agencies with jurisdiction where the institution of higher education is located. Institutions of higher education
are required to issue a statement advising the campus community where law enforcement agency information, provided by the
state concerning registered sex offenders, may be obtained.
Persons seeking to obtain sex offender registration information relevant to the Bowling Green State University Main Campus
community may contact the Wood County Sheriff’s Office at 419-354-9004 or go to http://www.sheriffalerts.com/cap_main.php?office=53948. The Firelands campus community can go to www.erie-county-ohio.net/sheriff/sheriff.htm and click on the sex offender link.
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Information on Sexual Offenses
Rape is a crime of power and control. It reflects a total disregard for the rights and feelings of others. No one should be
forced or intimidated to have sex under any circumstances.
Rape, sexual harassment, and other sexual violations can happen anywhere, at any time, to anyone. Based on a recent study
conducted by the National Institute of Justice, it is estimated that a college enrolling 10,000 female students could experience
more than 350 rapes per year (U.S. Department of Justice, December 2000). It is also estimated that one in 12 men are the
victims of rape or sexual assault.
BGSU does not tolerate sexual offenses. The University is prepared to handle situations of sexual assault whether they occur
on campus or off campus. BGSU offers a variety of programs and services that focus on education, prevention, and response
to sexual offenses.
Survivors of sexual violations can experience high levels of physical and psychological distress. Negative consequences of
sexual assault are wide-ranging and may include:
- Sexually transmitted infections
- Unwanted pregnancy
- Adoption of negative health practices (such as the misuse of alcohol or drugs, eating disorders, and smoking)
- Difficulty sleeping
- Symptoms of depression and anxiety
- Posttraumatic stress disorder, or other psychological disorders
- Difficulty concentrating on academic work
- Low self-esteem
- Problems with future intimacy or sexual functioning
In addition, there may be disruption of employment and expenditure of massive financial resources and time as a result of
pursuing medical, social, psychological or legal services.
Especially in cases of nonstranger rape, survivors may blame themselves. Many sexual offenses go unreported, which can result
in survivors failing to obtain necessary medical, social, psychological, and legal assistance.
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Legal Definitions and Categories (based on the Ohio Revised Code 2907.01-2907.09)
Gross Sexual Imposition
Having sexual contact with another, by force or threat of force; or the offender substantially impairs the other person's
judgment or control using drugs or intoxicant secretly or by force, threat of force or deception.
Public Indecency
Recklessly exposing one's private parts, or masturbating; engaging in conduct appearing to an ordinary observer to be sexual
conduct or masturbation.
Rape
Engaging in sexual conduct by force or threat of force; or for the purpose of preventing resistance, offender substantially
impairs victim's judgment or control by giving any drug/intoxicant secretly or by force, threat of force, or deception. Victim
need not prove physical resistance.
Rape Information
There are occasions when a third party will share information regarding an alleged incident which may have occurred on campus.
The caller typically provides little or no detail regarding the victim, suspect, time, place, or what actually happened. This
information, however, is recorded for the benefit of our students and the campus community.
Sexual Assault
An umbrella term covering a wide range of actions taken against a person without the person's consent, against the person's
will, or under force, threat of force, or coercion. Sexual activity occurring when someone is medicated, asleep, passed out,
or drunk can also be illegal. In these situations a person cannot truly consent since she or he is not in a coherent state
of mind.
Sexual Conduct
Vaginal intercourse between a male and female, anal intercourse, or oral sexual activity between persons regardless of gender.
Penetration with any body part or object, however slight, is sufficient to complete vaginal or anal intercourse.
Sexual Contact
Any touching of an erogenous zone of another, including the thigh, genitals, buttocks, anal zones, pubic region, areas particularly
sensitive to sexual stimulation, or, if such person is female, breast(s), for the purpose of sexually arousing or gratifying
either person.
Sexual Other
Minor incidents of a sexual nature which may or may not involve physical contact. (Example: offensive sexual words or comments,
bumping, gestures, etc.)
Voyeurism
Trespassing or secretly invading privacy of another; to spy or eavesdrop upon another with the purpose of sexually arousing
or gratifying one's self.
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Policies and Procedures to be Followed in Response to Cases of a Reported Sexual Offense
A. Seeking Assistance
The student who has been sexually assaulted has many options in seeking assistance. Although victims of sexual assault are
not always sure about what has happened to them or what steps they can take, there are staff members specialized in victim
advocacy who can assist the student in making informed choices. Students can receive assistance from the Department of Public
Safety, Counseling Center, Office of the Dean of Students, Office of Residence Life, Student Health Service, Bowling Green
City Police, Wood County Hospital, Wood County Prosecutor's Office, and The Link Crisis Hotline. It is the option of the student
whether to seek legal, medical and/or psychological services. A student who experiences a sexual assault is encouraged to
seek medical attention. If the student does not wish to report the assault, the student is still encouraged to seek medical
attention.
B. Seeking Medical Attention and Maintaining Evidence
It is important for a student who has been sexually assaulted to receive medical care to ensure physical well-being and to
maintain the collection and preservation of evidence should the student choose to take legal action at any time in the future.
Medical care may include emergency contraception, antibiotic treatment to address any sexually transmitted infections and
specialized, physical examinations. Physical examinations and rape kits conducted at the BGSU Student Health Service and at
Wood County Hospital are provided by a trained Sexual Assault Nurse Examiner. The purpose of the rape kit is for the collection
of evidence. All evidence should be collected in the first 72 hours after the assault has occurred. Regardless if a student
showers or changes clothing, a rape kit can still be collected. Having a rape kit completed does not mean that the case will
go to court or that the student must press criminal charges. It does leave the option available and can greatly enhance the
chances of a successful prosecution should the student make the decision to press charges at a later date.
C. Legal Issues
- The student who states that a sexual offense has occurred has the right to full and prompt cooperation from University personnel
and Health Service professionals. The student also has the right to choose whether to prosecute in a court of law. Even if
the student does not want to press charges, they can speak with an officer regarding the assault in order to keep all options
open for the future. An advocate can help determine the difference between pressing charges and filing a report. University
Police officers receive training in the investigation of sexual offenses. Officers are trained to first seek medical assistance
for the survivor, then obtain vital information and evidence which may be used in a later disciplinary or court action. All
University Police officers have full police powers which enable them to make arrests anywhere on the campus of Bowling Green
State University. In addition, Bowling Green State University Police and the City of Bowling Green Police Department have
a Mutual Aid Agreement which gives University Police officers full powers of arrest within the city of Bowling Green; likewise,
the Bowling Green City Police have arrest powers on the campus of Bowling Green State University.
- Duty to Report: All University personnel with the exception of those providing mental health services are required to report that a felony
has been or is being committed. The victim's identity may be kept confidential.
- Reporting Procedures On and Off Campus: On-campus assaults should be reported to University Police. All off-campus offenses should be reported to the Bowling Green
City Police Department or the local jurisdiction in which the assault occurred.
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Options to Consider in the Aftermath of Sexual Assault
Academic Issues
Sexual assaults can also affect a victim's academic performance. Students may seek assistance with academic issues through
the Office of the Dean of Students at 419-372-2843.
Advocacy
Sexual assault advocates are trained in providing emotional support, information/referrals, plus medical and legal information.
Advocates can be contacted at any point in the aftermath of an assault to provide assistance. However, the sooner an advocate
is called and able to provide information and services, the more options a victim may have. To contact an advocate, call The
Link hotline at 419-352-1545 and ask for a Sexual Assault Awareness for Empowerment Advocate.
Alcohol and Other Substances
Often times, victims, knowingly or unknowingly, ingest alcohol and other substances prior to being sexually assaulted. In
any case, a victim of sexual assault will not be penalized for underage consumption if an assault is reported to the police
or the Office of the Dean of Students.
BGSU Student Discipline Program
If the perpetrator is a student, a victim may utilize the student discipline process, which is the University's system of
disciplinary action for students. This course of action is an option even if the victim is not a student and is not choosing
to prosecute. The student discipline process can be initiated through the Office of the Dean of Students at 419-372-2843.
Counseling
Counseling can be an integral part of recovery from a sexual assault. The referral sources listed below include on- and off-campus
counseling and advocacy services, as well as Sexual Assault Survivors Support groups available through the Sexual Assault
Awareness for Empowerment (Sexual Assault Awareness for Empowerment) Program via The Link Hotline at 419-352-1545.
Counseling and Mental Health Agencies
- BGSU Counseling Center, 419-372-2081
- BGSU Psychological Services, 419-372-2540
- Therapeutic Intervention Project, 419-352-5387
Housing Issues
When a sexual assault takes place in a residence hall, a victim may choose or need to relocate. This option can be made available
through the Office of Residence Life at 419-372-2011.
Medical Care
Medical care is recommended after any sexual offense. At a minimum, such care allows for testing and treatment of sexually
transmitted infections (STIs). In addition, if the assault has taken place within the last 72 hours, an exam can be conducted
(known as a rape kit exam) for the purpose of collecting evidence for prosecution.
Students may seek medical care at the Student Health Service (SHS) during business hours or Wood County Hospital's Emergency
Room 24 hours a day. If the student does not want a rape kit completed, the SHS, 419-372-2271 can still treat for STIs, and
provide emergency contraception.
Non-students can go to the Wood County Hospital's Emergency Room for a rape exam if the assault occurred within the last 72
hours. Non-students can also be seen at Planned Parenthood, 1-800-230-7526, or by a private physician for treatment of STIs
and pregnancy. However, these providers are unable to conduct rape exams.
Prosecution
A victim has a choice about whether to prosecute or not. Even if a victim initially chooses not to prosecute, it can be helpful
to report an assault so that prosecution can be pursued at a later date if the victim chooses to do so. This allows for timely
evidence collection and early interviews with the victim witnesses, and gives more credibility if prosecution is pursued at
a later date.
Reporting Sexual Assaults
Sexual assaults that occur on campus can be reported to the BGSU Police at 419-372-2346. Sexual assaults that occur off campus
can be reported to Bowling Green City Police or the jurisdiction in which the assault took place.
Even if the victim does not want to report the assault, many campus officials have a responsibility to anonymously report
the crime. Anonymous reports do not contain the name of the victim and will not be followed by an investigation. Instead,
only statistical information is forwarded to campus police for use in the University's annual report.
Victim's Compensation
Sexual assault victims may be eligible for victim's compensation for costs incurred as a result of the crime. More information
is available about such compensation through the Sexual Assault Awareness for Empowerment Program at 419-352-1545.
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Rights of a Student Who States that a Sexual Offense Has Occurred
A. Assistance
Contact the Student Health Service, the Counseling Center, the Office of Residence Life, the Office of the Dean of Students,
Student Legal Services, or The Link Crisis Hotline.
B. Medical Care
The appropriate medical examination, including the collection of medical evidence, is available from the Student Health Service
during regular hours of operation. Twenty-four hour medical service is available through area hospitals.
As provided by state and federal laws or regulations, a student who reports that a sexual offense has occurred shall be informed
of the option (under certain circumstances) to obtain the results of mandatory testing of suspects of a sexual offense for
sexually transmitted infections.
C. Crisis Intervention/Emotional Support
Any student who has been assaulted has a right to receive mental health services from the Counseling Center. The student seeking
such assistance generally meets with a counselor for an initial assessment session. Based on the perceived needs of the student
and the availability of counselors, this assessment may be followed by on-going counseling or by referral to appropriate community
resources. Services are available through the Sexual Assault Awareness for Empowerment Program, where information on intervention,
referral and victim's advocacy are provided.
D. Living and Academic Options
The student who reports that a sexual offense has occurred may request, through the Office of the Dean of Students, to be
relocated another on-campus residence. The student shall be relocated as soon as possible based on space availability. Efforts
will also be made through the Office of the Dean of Students to assist the student with requests for changes in his/her academic
schedule and responsibilities. Requests for academic changes and/or changes in living arrangements shall be given prompt attention.
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Procedures for On-Campus Student Discipline Proceedings Involving Reported Sexual Misconduct
- Student Rights
The following procedures and rights are applicable to the complainant in cases involving reported sexual misconduct by a student
whether on or off campus.
- The complainant may submit a written complaint of the alleged offense to the Associate Dean of Students, Office of the Dean
of Students, 301 Bowen-Thompson Student Union.
- The complainant will be provided with an interview conducted by the Associate Dean of Students in the Office of the Dean of
Students, who shall describe the due process and hearing procedures for the alleged violator and the rights of the complainant.
Rights of the complainant include the following:
- To receive written notification of the time and place of the hearing;
- To have an advisor present during a campus student discipline proceeding;
- To receive explanation of the degree of the burden of proof, which is "more likely than not" in campus student discipline
proceedings, in contrast to "beyond a reasonable doubt" in off-campus criminal proceedings;
- To remain present during the entire proceeding;
- To present information and witnesses in his/her own behalf;
- To hear and respond to information and testimony presented at the hearing;
- To make a "victim impact statement";
- Not to have irrelevant sexual questions or history considered during a hearing; and
- Not to have the underage consumption of alcohol considered.
- Both the complainant and the respondent shall be informed of the outcome of any campus student discipline proceeding brought
forward alleging sexual misconduct.
- Sanctions following an On-Campus Student Discipline Hearing
Following an on-campus student discipline hearing conducted by the University Discipline Committee, a finding of responsibility
against the respondent for sexual misconduct may result in a maximum sanction of expulsion.
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Preventing Sexual Offenses
Awareness and Prevention of Sexual Offenses
- Coordination of programming and information dissemination is the responsibility of Coalition for B!G Choices (a committee
within the Division of Student Affairs), the Department of Public Safety, and The Wellness Connection.
- Written materials are disseminated to students and parents with discussion of issues at Orientation and Registration and Fall
Welcome Week.
- Programming and information are provided on campus by Behavioral Connections of Wood County, an off-campus mental health agency.
- In addition, media communications, academic classes, the Office of Residence Life, and campus organizations frequently focus
on sexual assault prevention programming.
Coalition For B!G Choices
Recognizing the prevalence of this problem and its serious consequences, Bowling Green State University has established the
Coalition for B!G Choices. Coalition for B!G Choices is composed of students, faculty members, counselors, health-care professionals,
health educators, law enforcers, Residence Life staff, and others dedicated to combating sexual assault.
Formed from the combination of the former Coalition Against Sexual Offenses (CASO) and the University Committee of Alcohol
and Drug Issues, the Coalition for B!G Choices will continue the major role played by these previous committees in conducting
educational programs across campus, in establishing policies and procedures for handling sexual offenses, in helping to formalize
local hospital emergency room procedures for survivors of sexual assault, in training University staff, in developing a flow
chart to assist University personnel in intervening with sexual assault survivors, and in implementing a male peer program,
"Men Educating Men on the Prevention of Sexual Assault" and a female peer program, "SAIN - Sexual Assault Information Network."
Information about preventing sexual offenses (which has been largely excerpted from the 1989 Counseling Center publication,
"Sexual Violations: Know the Signs," written by Dr. Craig Vickio, Dr. Elizabeth Yarris, Ms. Nancy Breen, and Ms. Kimberly
Chin) is provided below.
Prevention
The responsibility of preventing sexual assault lies with the person initiating sexual behavior, as that is the person who
has the power to stop what he or she is doing. With this in mind these are things to consider when initiating sexual behavior:
- Sexual assault is a crime and violation of both the Code of Student Conduct and BGSU Policy on Violence. As such, being found
responsible for a Code of Student Conduct violation involving "sexual contact without permission" can result in a maximum
sanction of expulsion from BGSU. Additionally, criminal charges could be brought forward as well as civil litigation within
the court system.
- Because sexual assault is a crime of power and control, the most important thing to consider when engaging in sexual behavior
is the CONSENT of the other person involved. Only a person's consent gives one the right to engage in sexual contact. Therefore,
consent must be many things, including:
- Verbal and clear: Consent cannot be implied through seemingly "mixed" messages. One's sexual partner must be given every opportunity to communicate
his/her wishes and limits on the degree of behavior that is initiated upon them. No means no, and when in doubt, ask first.
- Sober and unimpaired: Consent can only be given by a person who has full control of his or her mental capacities. A person who is drunk or high
on drugs is not legally in a position to give consent.
- Consistent and prompt: Even if someone has agreed to be sexually involved with someone, that person has the right to withdraw consent at any time,
even during behavior that might already be interpreted as sexual. Consent is not implied by the fact that dinner was bought
for someone, or that the parties were sexually involved in the past or even if someone was seemingly "led on" by another's
behavior.
- Unforced and non-threatened: Use of force, threats, intimidation, or coercion is a willful denial of a person's right to freely give his/her consent.
The well-being of the other person is of the utmost importance during any sexual encounter. Be aware of what your partner
is saying or not saying during an encounter. When in doubt about proceeding to the next level of intimacy, ask. Checking in
with your partner about what you are doing is a way of sharing the power and control of the situation that was initiated by
you with them. This keeps the interaction an equal and safe situation for both parties.
Risk Reduction
Although the responsibility of prevention truly lies with those who are initiating sexual acts, there are things that individuals
can know and do that can help reduce the risk of sexual assault. These are not guarantees of safety, but personal rights and
best practices for a safer environment at BGSU.
You have the right to your own values, attitudes and beliefs about sexual behavior and relationships in general. Therefore
you have the right to determine the type of interactions and activities you feel comfortable with and to end those activities
at any time.
While there is no perfect profile of someone who will be sexually violent, there are some warning signs. These include:
- Domineering, overly controlling actions
- A tendency to disregard your feelings and desires
- The expression of hostility or dominance toward potential partners
- The belief that certain actions entitle one to sex
- Intrusion into your personal space
- Touching you in a way that makes you feel uncomfortable
Remember the following:
- No one is ever entitled to sex. You are not obligated to perform sexual acts as payment, as a favor, or in order to be a "real
man" or a "good woman".
- You have the right to deny alcohol at any time. Alcohol not only impairs your judgment; many recognize alcohol as a frequently
used and highly effective rape facilitating drug.
- You have the right to say no at any time for any reason. When you feel that your personal rights are being threatened, you
have every right to take a stand and let the offending party know that what he/she is doing is unwelcome.
- Going to larger parties with people you trust may help to avoid dangerous situations. Inviting another couple to go with you
is another great way of ensuring that there will be others around in case of emergency.
- Having your own transportation gives you a degree of power to leave a situation, if you see the need to.
- If you must walk alone, use the Campus Escort Service or the "2-RIDE" service.
Bowling Green State University recognizes the need for healthy and successful relationships. Prevention of sexual assault
starts with those who are committing the offenses and then is supplemented by the use of methods to reduce the risk of an
assault. All students can play a role in combating sexual assault by holding perpetrators accountable, supporting the rights
and choices of those who have been assaulted and making full use of campus resources to educate themselves on this serious,
yet preventable problem.
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