Sexual Assault and Rape

LTSP is committed to creating and maintaining an environment free of all forms of harassment, exploitation, and intimidation. Every member of the LTSP community should be aware that such behavior is prohibited by law and school policy. LTSP will not tolerate sexual misconduct in any form, including acquaintance or date rape. LTSP will take appropriate action to prevent, correct, and discipline behavior that is found to violate school policy or laws proscribing rape or sexual assault.

LTSP prohibits rape and sexual assault.

This policy affects only students currently enrolled as students at LTSP. The LTSP Faculty Handbook governs faculty members. For staff members and administrators, provisions contained in the LTSP Employee Handbook as well as memoranda of understanding prohibit conduct that violates the law and school policy, and provide for disciplinary action for inappropriate conduct.

6.1 Definitions

Rape is defined to include all acts of sexual intercourse involving penetration imposed under the following circumstances:

• Where the complaining party is incapable, because of a mental, developmental, or physical disability, of giving legal consent and this fact is known or reasonably should be known to the person committing the act; or where such an act is accomplished against a person's consent by means of force, coercion, duress, violence, or reasonable fear of harm to the complaining party or another; or
• Where the complaining party is prevented from resisting or giving consent as a result of intoxication, or is unconscious at the time of the act, and this fact is known to the person committing the act.

Acquaintance rape is sexual intercourse undertaken by a friend or acquaintance without the consent of the student.

Sexual assault is defined as the imposition of non-consensual sexual conduct excluding rape, including but not limited to oral copulation, penetration by a foreign object, caressing, fondling, or touching of a person's genitalia, buttocks, or breasts.

Consent is defined as positive cooperation in act or attitude pursuant to an exercise of free will. The individuals consenting must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. It is a defense to the allegation of non-consent that a defendant held a reasonable and good faith belief that the complainant was consenting. A current or previous dating relationship is not sufficient to constitute consent. The determination regarding the presence or absence of consent should be based on the totality of circumstances, including the context in which the alleged incident occurred. The fact that an individual was under the influence of drugs and/or alcohol at the time may be considered in determining whether that person had consented to the act in question. Students should understand that consent may not be inferred from silence or passivity alone.

6.2 Prevention Of Sexual Assault And Rape

LTSP uses a number of means to prevent sexual assault and rape, including:

• Encouraging students to inform themselves about crime prevention techniques, such as those offered by the City of Philadelphia Police Department;
• Encouraging students to make use of the public safety resources, such as escorts provided by the campus Security Department.

6.3 Responding To Sexual Assault And Rape

Since LTSP maintains a Security Department, all violations of the law involving sexual assault or rape should be reported immediately to the department for further investigation by the City of Philadelphia Police Department's rape unit.

Incidents of sexual assault and rape should also be reported to the Dean, or any other senior administrator of LTSP. Students are not required to report incidents to the Police Department or District Attorney, although they are encouraged to do so. LTSP officials will honor requests for confidentiality by the student alleging sexual assault or rape, but shall report anonymous information to the Security Department, so that the incident can be included in LTSP crime statistics.

If an incident is reported to an LTSP official, the official shall inform the student of her or his right to inform the Philadelphia Police Department or District Attorney. The student shall also be informed of the importance of preserving evidence required for proof of possible criminal activity, and of the availability of school officials to assist the student in notifying authorities of the incident, upon the student's request.

Finally, the student shall be informed of counseling, mental health and other services:

• Northwest Victim Services, 6008 Wayne Avenue, Philadelphia, Pa, 215-438-4410
• Women Organized Against Rape, Locust Court at 1233 Locust Street, Suite 202, 215-985-3315, extension 180 or 215-842-4010

Victims of sexual assault and rape may request that LTSP change academic and living situations. LTSP will change those situations if it is able to do so and if the changes requested by the victim are reasonably available.

If a student is determined to have committed sexual assault, rape, acquaintance rape, or other forcible or non-forcible sex offense, disciplinary action up to and including dismissal from academic programs may be imposed by LTSP.

6.4 Procedures For Disciplinary Action In The Case Of Sexual Assault And Rape

When a student reports being sexually assaulted or raped by another student, the Dean shall conduct a timely investigation of the allegations in the case, including interviewing any witnesses as needed. The decision to proceed with charges in a sexual assault or rape case is a joint decision of the Dean and President, with final authority residing with the President.

If formal charges are brought against the accused student by LTSP, the case shall either go to a hearing for adjudication, or be disposed of administratively in a settlement agreement.

The student charged with sexual assault or rape is entitled to due process and will be given notice and full opportunity to respond to the allegations. The student can seek representation, have the same opportunity as the student who reported being assaulted to have a non-participating observer present during the proceedings, and is entitled to information about the school policy on sexual assault and rape, and the procedures that will be followed to address the charges.

If formal charges are brought against the accused student by LTSP, the Dean will notify the accused in a written statement outlining the charges. The student charged will have seven working days to respond in writing. The Dean may then seek a settlement that is mutually agreeable to the person making the allegations and the student charged. The Dean and student(s) involved will have 10 working days after receipt of the charged student's response to negotiate an administrative settlement agreement. If no such agreement is reached after 10 working days, the incident shall proceed to a hearing for adjudication.

If a hearing is required, the Dean shall, within 15 working days, appoint a committee composed of three LTSP staff members from the administrative council. The committee will, within 30 days of being appointed, hear evidence presented by the accuser and accused, and/or their representatives, and may interview any witnesses as needed, and review any other available evidence. The committee will vote, with a majority having final authority, on whether to sustain the charges. The committee will notify the Dean, the student bringing charges, and the student charged, of the outcome of its vote within five working days of voting. If the charges are sustained, the committee will recommend disciplinary action, up to and including dismissal from all academic programs at LTSP, to the Dean. The Dean may act on the recommended disciplinary action, or take other action, up to and including dismissal from all academic programs at LTSP. The Dean will inform the student charged of disciplinary action within 10 working days of the committee notification.

The student charged may appeal the outcome of the disciplinary action in writing within 10 working days of being notified. The appeal is to be directed to the President of LTSP, who will review the case. The President will make a decision on the disciplinary action recommended by the Dean within 10 working days and will inform the student charged. The decision of the President is final and no further appeal is allowed.