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Sexual Assault Information

 

Higher Education Amendments of 1992

Sexual Assault - Public Law 102-325

 

This law contains a provision requiring colleges to develop and disseminate their sexual assault policies. In addition, colleges are required to collect statistics on "forcible" and "non-forcible" sex offenses. The College does not tolerate sexual assault in any form. Rape and other sexual assaults are violations of Commonwealth law, as well as College policy prohibiting sexual assault. MCLA accepts the following as definitions of sexual assault as defined by law. Sex offenses - Attempted or actual unwanted sexual activity, forcible or non-forcible sex. Forcible sex is, "any sexual act directed against another person, forcibly and/or against that person's will, or not forcibly against the person's will where the victim is incapable of giving consent," and includes forcible rape, forcible sodomy, sexual assault with any object and forcible fondling. Non-forcible sex is "unlawful, non-forcible sexual intercourse", including incest and statutory rape. Acquaintance rape - Rape by a date, friend or acquaintance, regardless of the relationship between perpetrator and victim is as serious a crime as stranger rape and the same laws and criminal penalties apply to both. Date rape often occurs out of some level of mutually acceptable sexual activity. At some point, the victim has stopped consenting and is overpowered.

Where to Get Help

 
Any student who feels his/her rights have been violated in relation to the sexual assault policy should report the matter to any of the following staff and/or office representatives: Dean of Students and Assistant Dean of Students Director of Public Safety - Campus Police Director of Residential Programs & Services Director of Counseling Services Information concerning sexual assault incident aftermath and College complaint processes is available in these locations. The Department of Public Safety can provide information concerning civil and criminal proceedings. In addition students may contact the College Counseling Center (413-662-5331) and/or the Elizabeth Freeman Center, (24 hour hotline 413-663-9709), a local rape crisis center with offices in North Adams and Pittsfield.


Rape/Sexual Assault/Sexual Abuse Survivors


A student, staff or faculty member who is a survivor of rape, sexual assault, or sexual abuse is strongly encouraged to report this crime immediately to the campus Department of Public Safety. The College may provide support to survivors of sexual offenses through a variety of resources including the Counseling Services, Health Services, Department of Public Safety, Residential Programs & Services, and the Dean of Students. It is each survivor's individual decision whether to report these crimes to the local police, but the department urges that reporting take place to help assure a safe living and working environment for the entire College community. Even if a supervisor does not wish to pursue a criminal prosecution or initiate a formal complaint, the College urges that the victim notify campus authorities so appropriate support services can be pursued in an informed manner.

Rape Prevention/Personal Safety

  • Prevention is being alert and prepared.
  • Lock your room at all times. Lock your townhouse or suite door as well.
  • Use the peephole in your door.
  • Avoid poorly lighted streets, alleys and pathways.
  • Keep alert - if you see a person acting suspiciously head for bright lights and people.
  • Never jog/walk alone. Stick to a planned route and run with a friend.
  • Never hitchhike.
  • Be aware of your surroundings.
  • Your first defense is noise - scream! Scream "fire" not "help" to attract more attention.
  • Don't get in an elevator if there is someone suspicious already in the car.
  • Convey confidence through body language. Walk with your head up and be alert.
  • Don't mark your room key or key chain with your name, address, or telephone number.
  • If a person at a party insists or pressures you to accept a ride home, become suspicious and do not accept the offer.
  • If you use alcohol, do so responsibly.
  • Never leave your drink unattended.
  • In a dating situation, define exactly what you want from a relationship.
  • Always strive to say what you really mean. Be assertive. Maintain control over your personal life.
  • Trust your instincts. If you feel it is not right, it probably is not.

Penalities Related to Sexual Assault


While a sexual offense against an individual is rare on our campus, MCLA is committed to creating and maintaining an environment where sexual abuse, sexual assault, and rape are not tolerated and where all members of the College community are educated in preventing such an incident. All reported incidents will be investigated. Sexual assault, sexual abuse, rape, stalking, and harassment will result in disciplinary action up to and including dismissal from the College.

Procedures for Reporting Sexual Assault at MCLA

All criminal actions or other emergencies occurring on campus should be reported to the Department of Public Safety. Public Safety staff will assist the victim in reporting the case of alleged sexual assault to other appropriate agencies. The emergency telephone number is 662-5100 or 911 from on campus. If you are a victim and decide not to notify Public Safety, please:

  • Get immediate emotional support and physical safety. 
  • Get immediate medical attention.

Confidentiality

 
All police contacts with victims of sexual assault are private matters. Massachusetts law guarantees the privacy of sexual assault victims. The identity of victims will be kept private and will not be released to anyone without the victim's consent, including College officials or any media.

Sex Offender Registry and Access to Related Information


The federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, went into effect October 28, 2002. The law requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a state concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a state to provide notice as required under state law of each institution of higher education in that state at which the person is employed, carries on a vocation, or is a student. In the Commonwealth of Massachusetts, convicted sex offenders must register with the Sex Offender Registry Board. Information concerning offenders registered with the Sex Offender Registry Board may be disclosed to any person 18 years of age or older, requesting information on a specific individual in accordance with the law. Information regarding a specific person requested pursuant to the law shall be disseminated upon receipt of an official request form, which may be obtained through the City of North Adams Police Department. Information concerning offenders may also be available electronically through contact with the appropriate web site related to the Massachusetts Sex Offender Registry Board. The pertinent web site address for securing related information is: http://www.state.ma.us/sorb/