JSU Prohibits Sexual Violence on Any Measures
JSU defines sexual violence as any sexual act (forcible or non-forcible) directed against another person, without the consent of the person, including instances where the complainant is incapable of giving consent, if that sex act meets the definition of one of the following:
- Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person;
- Fondling: The touching of the private body parts of another person for the purpose of sexual gratification;
- Incest: Sexual intercourse between persons who are related to each other as:
- Parent or child;
- Step-parent or step-child, while the marriage creating the relationship exists;
- Sibling, Aunt/uncle or nephew/niece.
- Statutory rape: Sexual intercourse with a person whois under the age of 16.
If You Have Been Sexually Assaulted:
- Preserve evidence.
- This is important to prove that the alleged criminal offense or university policy violation occurred and may be helpful in obtaining a protection order.
- Report to at least one of the following:
- UPD,
- Office of Community Standards and Student Ethics, or
- Title IX Coordinator.
- Know your options about involving law enforcement. You can:
- Notify law enforcement authorities, including on-campus and local police.
- Be assisted by campus authorities in notifying law enforcement.
- Decline to notify law enforcement.
- If the victim or JSU finds it necessary, "no contact" orders, restraining orders, or similar lawful order can be issues by the court or the institution.
If You Are a Bystander:
- To prevent an incident of sexual violence, use the four steps of CARE:
- Create a distraction.
- Ask directly.
- Refer to an authority.
- Enlist others.
- If an incident of sexual violence has occurred:
- Listen to the victim and allow them to control the direction of the conversation.
- Do not focus on the attack or ask many questions, but rather on how they are handling the trauma.
- Offer support throughout the healing process, however long it may take.
- If they are interested and open to receiving assistance, tell them about resources on-campus.
How to Reduce the Risk of Committing Sexual Assault:
- Listen carefully and take time to hear what the other person has to say.
- Do not make assumptions about consent and remember silence alone is not consent.
- Just because someone consents to one sexual activity does not mean that they are consenting to another sexual activity.
- Respect personal boundaries.
- If you are receiving "mixed messages "from a potential partner stop and ask the partner if they want to continue.
- Be aware that having sex with someone who is mentally or physically incapable of giving consent is rape and do not take advantage of someone's drunkenness or drugged state.
- Resist pressure from friends to participate in inappropriate acts.
- Be aware that you may have a power advantage simply due to size or social status.
Let's Talk About Consent
Anything less than clear, knowing, and voluntary consent should be considered a "No!" It is the responsibility of the initiator of any sexual activity to obtain their potential partner's consent.
The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression. The following are essential elements of consent:
Ongoing
Consent must exist from the beginning to the end of each sexual activity or each form of sexual contact. Either party may withdraw consent at any time. Individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity.
Willing
Consent must be gained without force, coercion, deception, threats, pressure, or manipulation from any other person.
- The use or threat of physical violence, intimidation, or coercion to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity.
- Coercing an individual into engaging in sexual activity violates this policy in the same way as physically forcing someone into engaging in sexual activity.
Mutual
All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting and a willingness to do the same thing, at the same time, in the same way.
- Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one person constitute consent to sexual activity with any other person.
- Even in the context of a relationship, consent must be based on mutually understandable communication that clearly indicates a willingness to engage in sexual activity each time such activity occurs.
- The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts.
Coherent
An individual must be able to recognize exactly what is happening (i.e. understand the who, what, when, how, where) in order to consent. An individual who is incapacitated and/or incoherent is considered unable to give consent.
- Alcohol and drugs may impair a person’s decision-making capacity, awareness of the consequences, and ability to make informed judgments. This applies even when voluntarily ingested.
- An individual who is incapacitated is considered unable to give consent.
- Incapacitation may be caused by the lack of consciousness, being asleep, being involuntarily restrained, or any other mental or physical state in which an individual lacks the ability to knowingly choose to participate in a sexual activity.
Affirmative
Consent does not always have to be verbal, but there should be some affirmative words and/or actions that indicate a clear willingness to engage in the proposed sexual activity or contact.
- A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent.
- Please note that relying solely upon non-verbal communication can lead to a misunderstanding or false conclusion as to whether consent was sought or given.
- If at any time during the sexual activity or contact, an individual is no longer an engaged participant, all parties should stop and clarify verbally the other’s willingness to continue before continuing such activity.
Age for Consent: Persons under the age of sixteen (16) are deemed incapable of consenting under Alabama law.
JSU Will Protect the Privacy of Victims and Other Necessary Parties
Privacy generally means that information related to a report will only be shared with a limited group of individuals. The use of this information is limited to those individuals who “need to know” in order to assist in the active review, investigation, or resolution of the report, including the coordination of supportive measures. While not bound by confidentiality, these individuals will be discreet and will respect and safeguard the privacy of all individuals involved in the process.
It is important to note that anonymous statistical information must be reported by all institutions of higher education. The information contained in the Clery annual security report tracks offenses occurring at campus locations or university-sponsored programs and does not include the names or any other identifying information about the person(s)involved in the report.
JSU will make accommodations and provide protective measures for the victim if requested and reasonably available.
View the Sexual Assault Criminal Code
Title IX Investigation Proceedings
Have Questions? View the Title IX Grievance Procedure
Need a Physical Paper Copy of the Sex-Based Harassment and Misconduct Policy, including the Grievance Procedure? Get your free copy from the Dean of Students, Human Resources, or Title IX.
Questions? Concerns?
Contact the Title IX Coordinator
Suite 301-A, Angle Hall
700 Pelham Road North
Jacksonville, AL 36265
titleix@jsu.edu
256-782-5769
