Right to Know

Policy on Sex Offenses

Required under the Clery Act. (The Jeanne Clery Disclosure of Campus Security Policy & Campus Crime Statistic Act)

Purpose

The purpose of this policy is to assist University compliance with the requirement of the Clery Act, as amended, by providing a policy statement containing the University’s policies and procedures pertaining to the following: prevention of sex offenses, reporting of alleged sex offenses, and the University’s disciplinary code in the event of an alleged sex offense.

Policy

It is the policy of Washburn University to have staff and services in place to assist students in reducing the risk of sex offenses by providing various programs for students to raise awareness of rape, acquaintance rape and other sex offenses as well as to take such disciplinary action as is appropriate under University policies to sanction the offender. Information concerning services and programs may be obtained in the Counseling and Testing Office, Morgan 122.

Definition of “Sex Offense”

For purposes of this policy and compliance with the Campus Security Act of 1990, as amended, the term “sex offense” means the offenses described in Article 35, Chapter 21 of the Kansas Statutes Annotated (K.S.A. 21-3501 et seq.) and include rape, indecent liberties with a child, criminal sodomy, adultery, lewd and lascivious behavior, enticement of a child, indecent solicitation of a child, prostitution, promoting prostitution, patronizing a prostitute, sexual exploitation of a child, sexual battery and promoting sexual performance by a minor.

Definition of “Sexual Assault”

For purposes of this policy and compliance with the Clery Act, as amended, the term “sexual assault” means one of the following “sex offenses:” rape (K.S.A. 21-3502), indecent liberties with a child or aggravated indecent liberties with a child (K.S.A. 21-3503 & 21-3504), criminal sodomy or aggravated criminal sodomy (K.S.A. 21-3505 & 21- 3506), sexual exploitation of a child (K.S.A. 21-3516) and sexual battery or aggravated sexual battery (K.S.A. 21-3517 & 21-3518).

Procedure – When a Sex Offense is Alleged

Any person who is the victim of, or has knowledge of, an alleged sex offense occurring on the University’s campus, as defined by the Clery Act, may notify the University’s police personnel who shall contact the alleged victim(s) to determine (1) whether the victim wishes to pursue disciplinary action available to him or her, under the University’s Student Conduct Code or other University policy; and/or (2) if the victim of the alleged offense wishes to file a criminal complaint. The University police shall conduct a criminal investigation of, or jointly investigate with the Topeka Police Department, any sex offense involving a Washburn student. NOTICE: Anyone who is a victim of an alleged sex offense should take steps to preserve any and all physical evidence relating to the alleged incident.

Disciplinary Proceedings

Under the provisions of the Clery Act, as amended, it is the policy of the University that both the accuser and the accused are entitled to have others present at any stage during the disciplinary proceeding involving any case of alleged sexual assault. However, the right to have others present at any stage during the disciplinary proceeding is limited to having the other(s) serve in an advisory capacity to the accuser or the accused. University-imposed sanctions may include, but are not limited to, expulsion, suspension or probation.

Disciplinary Proceedings – Outcomes

As provided by the Clery Act, as amended, both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding brought, alleging a sexual assault.

Notification – Options Regarding Law Enforcement

Students have the option, in any or all instances in which an alleged sexual offense has occurred, to notify the University Police Department and the Topeka Police Department.

Changes in Academic or Living Situations Following an Alleged Sexual Assault

It is the policy of the University that, whenever possible, it shall accommodate a student in making changes in academic and/or living situations in University-controlled housing following an alleged sexual assault against him/her, if requested.

Campus Police Department Will

  1. Respond to reports of rape/sexual assault occurring on campus.
  2. Secure the crime scene until the arrival of the investigating officer.
  3. Investigate the crime in its entirety.
  4. Notify the assault victim’s family or friends, upon request of the victim.
  5. Provide information about counseling services.

Counseling and Other Services for Victims of Alleged Sexual Assault

Washburn University
  • Counseling & Testing Services C.L.A.S.S.
    670-1299
  • University Police Department
    670-1153
  • Student Health Services
    670-1470
  • Office of Student Life
    670-2100
  • Residential Living
    670-1065
Topeka
  • Battered Women Task Force (BWTF)
    Sexual Assault Service
    Emergency: 234-3300
    Information: 354-7927
  • Topeka Police Department
    Emergency: 911
    Non-Emergency: 368-9551
  • St. Francis Hospital and Medical Center
    295-8090
  • Stormont-Vail Regional Medical Center
    354-6100
  • Valeo Behavior Health Care
    24-hour Crisis Line: 234-3300
  • Veteran’s Affairs Medical Center
    350-3111

Programs Available

Rape/sexual assault awareness workshops provided by the Battered Women Task Force
Rape/sexual assault awareness campus/classroom guest lectures/programs sponsored by Washburn University

Resources Available through Washburn University’s Counseling Services

Counseling referral services
Programs, videos, literature
Counseling Services

Safety Tips

Protecting Yourself from Assault

There are no guarantees against becoming a victim. Assailants select their victims based upon the assailant’s desires-they seek an opportunity. The following are suggestions that will help to reduce the opportunity and make you less vulnerable.

  1. Know the environment:
    • Emergency phones.
    • University Police emergency number (1153).
    • City Police emergency number (911).
    • Stay in lighted areas.
    • Know where you can go for help if you need it.
  2. Reduce the time you spend alone:
    • Walk with a friend.
    • Lock the doors to your room or apartment.
    • Lock car doors.
    • When out at night, go in pairs or groups or call for an escort.
  3. Plan what you will do if confronted by a potential assailant:
    • Will you scream, run, fight, or try to gain the assailant’s confidence? Only you can make the decision should you find yourself in a situation.
    • Attend seminars, which will better inform you of your options.
    • Ask questions.

College and university campuses, like any busy neighborhood, are not exempt from crime. BUT, students, faculty and staff can make this special community a safe place to live, learn and work by taking common-sense precautions, being alert, and looking out for others.

Safety Tips - Home and Residence Hall

  • Lock doors and windows, even if you are just going down the hall for a few minutes
  • Do not allow people you do not know to follow you into the residential portion/section of the residence halls.
  • Do not answer the door for anyone you do not know.
  • Do not prop open any doors.
  • In over half of all reported rapes, women know their attackers. Be wary of bringing casual acquaintances into your living space.
  • Take care of your keys; do not give anyone the opportunity to duplicate them.

Telephone Tips

  • List only first initials and last name in directories.
  • Be suspicious of surveys or wrong number calls, and do not divulge your name and address.
  • Hang up immediately on obscene phone callers.
  • Never reveal that you are home alone.

Computer Tips

  • Keep logins and passwords confidential. DO NOT LEND THEM TO ANYONE!!
  • Avoid giving personal information out over the Internet.
  • An increasing number of stalkers and rapists “meet” their future victims in “chat rooms”. BE VERY CAUTIOUS OF THESE INTERACTIONS!

Safety While Driving

  • Lock your doors and close the windows when leaving your car, whether it is for a few minutes or several hours.
  • Park in well-lighted areas and try not to walk alone in parking areas at night.
  • Store valuables out of sight by placing them in the trunk before leaving for/reaching your destination.
  • Always make sure your vehicle is tuned up before trips.
  • Always pack a survival bag. Pack the appropriate items for the time of year.
  • If your car breaks down in an isolated area, raise the hood. Stay in the locked car. If someone stops to help, ask him/her to make a phone call for you. Sound the horn if threatened.
  • Never pick up hitchhikers.

If Someone Tries to Assault You

  • Stay as calm as possible. Think rationally and evaluate your resources and options.
  • Try to get an accurate description of an assailant’s appearance, what was said, or anything else that would assist authorities.
  • If you are robbed, threatened or raped on campus, call University Police immediately. You may save someone else from becoming a victim. If the incident occurs off campus, call the Topeka Police Department (TPD) first; then, notify the University Police after filing a report with the TPD.
  • Help is available to assist you in dealing with the trauma that any assault can cause.

Off-Campus Living

Apartment complexes, townhouse/condominium communities and other multi-family dwellings pose unique security problems. Because of the temporary nature of many residents of rent/lease property, you need to make an extra effort to be aware of your surroundings. All the good crime prevention tips taught to participants in Neighborhood Watch also apply to those living in apartment communities.

Often apartment complexes have problems with auto thefts and burglaries. There are several measures that you can take to prevent this from happening to you:

  • Always lock your vehicle. Do not leave valuables in sight.
  • Always remove your key from the vehicle, and never hide a key. The thief knows all the places to look.
  • Consider an alarm for luxury or expensive vehicles, and park as close to your apartment/ dwelling as possible.

Good Security Habits

  • Re-key locks when moving into a previously rented residence or after keys have been lost or stolen.
  • Deadbolt locks should be on all exterior doors.
  • Install locks or protective devices on windows.
  • Make sure shrubbery is trimmed away from entryways and windows.
  • Light all entryways, all night long!
  • Use Operation ID or a similar program to protect your property.
  • Always schedule home maintenance repairs with reputable companies at a time when you can be at home and during the daylight hours.

Protecting Yourself from Crime

There are no guarantees against becoming a victim. Most criminals take advantage of the situation at hand. If they are faced with obstacles and a risk of getting caught, they will most likely be deterred. In other words, criminals look for the most opportune moment to commit the crime. The following are some suggestions that may help keep you from being a victim.

  1. Know your environment:
    • Help phone locations.
    • Poorly lighted areas.
    • “Trouble” areas.
  2. Have safe, unpredictable habits:
    • Walk in groups.
    • Keep your doors and windows locked.
    • Keep all of your belongings in a safe location.
  3. Know what to do if something does happen:
    • University Police number (1153).
    • Topeka Police number (911).
    • Attend seminars and classes dealing with prevention and self-defense tips.

Colleges and universities are unique settings and are not exempt from crime. The campus community also has the obligation of helping the law enforcement agency in fighting crime. By being alert, looking out for others, and reporting incidents to the Police, everyone will help make your campus a safe, fun place to live, learn, work, and visit.

If a Crime Does Occur Off Campus

  • Call Topeka Police immediately. A five-minute delay means that the chance of catching the criminal drops by two-thirds.
  • It pays to prosecute.
  • Being a witness in court is not as much trouble as you may think. Programs are available to help victims and witnesses with transportation, day care services and scheduling of cases.
  • In areas adjacent to the University, the Topeka Police and the Washburn Police provide law enforcement and crime prevention services.

Registered Sex Offenders

In October 2002 (64 Federal Register 59060), as part of the Violence Against Women Act, a provision was added to the “Clery Act” requiring colleges and universities to include information about where information about registered sex offenders may be obtained. This information may be obtained on the Kansas Bureau of Investigation (KBI) Web site: www.accesskansas.org/kbi/ro.shtml.