|
SEXUAL ASSAULT POLICY
In compliance with the New Jersey Higher Education Authority, the following information is in reference to Sex Offenses committed on college campuses.
OFFENSES DEFINED
SEXUAL ASSAULT: Any intentional, non-consented touching, or threat or attempt thereof, of an intimate body part of another person, such as a sexual organ, buttocks or breast, any body part of another person’s body with the intent of accomplishing a sexual act; or unwanted, inappropriate disrobing of another person, or purposeful exposure of one’s genitals to another without the other’s consent; or forcing, or attempting to force, any other person to engage in sexual activity of any kind without his or her consent.
RAPE: Unlawful sexual intercourse with a non-consenting partner when resistance is overcome by force or fear, or under other prohibited conditions.
DATE RAPE: Also known as Acquaintance Rape; the assailant and the victim know each other. Under New Jersey Law, rape, including acquaintance rape, is considered sexual assault.
CRIME DEFINITIONS
In Accordance with the Federal Bureau of Investigation’s
Uniform Crime Reporting Program
SEX OFFENSES-FORCIBLE: Any sexual act directed against another person, forcibly and/or against that persons will; or not forcibly or against the person’s will where the victim is incapable of giving consent.
FORCIBLE RAPE: The carnal knowledge of a person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).
FORCIBLE SODOMY: Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
SEXUAL ASSAULT WITH AN OBJECT: The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
FORCIBLE FONDLING: The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or not forcibly or against that person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
SEX OFFENSES-NONFORCIBLE: Unlawful, non-forcible sexual intercourse.
INCEST: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
STATUTORY RAPE: Non-forcible sexual intercourse with a person who is under the statutory age of consent. [FR Doc. 94-10207 Filed 4-28-94; 8:45 AM]
SEXUAL HARASSMENT: Any unwelcome sexual advance, a request for sexual favors, or other expressive, visual or physical conduct of a sexual or gender-motivated nature that is made explicitly or implicitly as a term or condition of an individual’s status in employment, programs or activities.
Any person who believes he/she has been subjected to possible discriminatory treatment may file a complaint with the Public Safety Department and/or the Vice President of Students Services. In conducting an investigation or a review, the right of confidentiality for both the complainant and the accused, will be respected. The review will be conducted as quickly as is reasonably possible.
Sexual Harassment is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments Act of 1972.
SANCTIONS FOR SEX CRIMES ON CAMPUS
For students of Burlington County College, sexual assault is a violation of the Student Code of Conduct, subjecting the violator to disciplinary sanctions up to and including expulsion from Burlington County College.
For faculty and staff members of Burlington County College, sexual assault is a violation of Policy and Procedures, subjecting the violator to disciplinary actions up to and including dismissal from Burlington County College.
All crimes committed on campus will be investigated fully by the Public Safety Department.
The Public Safety Department, witnesses and/or the victim(s) of any crime are entitled, permitted and expected to contact the local Police Department for assistance and/or to file a complaint for violations of The Criminal Justice Code of New Jersey.
In addition to penalties for violating The New Jersey Criminal Justice Code, violations of the Burlington County College Student Code of Conduct and/or the Burlington County College Policy and Procedures, will be filed with the appropriate department and may result in suspension, expulsion or dismissal.
Prevention and Awareness
HOW TO MINIMIZE YOUR CHANCE OF BEING SEXUALLY ASSAULTED
Be assertive. No one has the right to do anything you don’t want him or her to do. There is nothing “polite” about RAPE. If he/she will not respect your wishes, leave. Be clear about your sexual limits and communicate them clearly. Do not hesitate, scream, yell, kick, and run. Do whatever it takes for you to free yourself from your attacker.
Alcohol and drugs can play a part in acquaintance/date rape. It’s hard to express yourself clearly when you are not thinking clearly. You may not recognize a bad situation until it’s too late. If you are incapacitated due to the use of drugs or alcohol, you may not be able to protect yourself.
Trust yourself. If you feel scared or intimidated that you might be in a dangerous situation, you are probably right. Don’t wait until something happens. Leave immediately! Knowledge is power.
ARE YOU LIKELY TO COMMIT A SEXUAL ASSAULT?
Never assume. Forced sex is never justifiable. “No” does not mean, “yes.” Having sex in the past does not guarantee sex now or in the future. Flirting or suggestive behavior is no guarantee that sex will occur. The person who paid for dinner only paid for food.
Start listening. Respect the person you’re with. If you think you are getting a double message from the person you are with, speak up and ask for an explanation. Abide by the answer you get.
Sexual excitement does not justify forced sex. Desires may be uncontrollable, but your actions are not. Ask yourself if sex right now is worth going to jail over later?
Being drunk or stoned is no excuse. Intoxication is not a legal defense for sexual assault. Each and every one of us is responsible for our actions, drunk or sober. If the person you are with is passed out or not in control, it is a crime to have sex with her or him.
PROCEDURES FOR REPORTING OFFENSES
In the event that you become the victim of a crime, or witness a crime while on Burlington County College Campus, report it immediately to the Public Safety Department.
There are several in-house telephones located throughout the campus area. Students, victims
and witnesses may report crimes by phone, or by coming directly to the Public Safety Department in person.
All information is kept confidential within this department. Time is very important when reporting crime. Please do not hesitate.
RAPE CRISIS HOTLINE NUMBERS
Burlington County College Public Safety Department (609) 894-9311
ext. 1100, 2100, 3100, 4100
Woman’s Referral Central (800) 322-8092
Crisis Intervention (609) 261-8000
Virtua Hospital of Burlington County (609) 267-0700
Providence House (Willingboro) (609) 871-7551
Statewide Domestic Violence Hotline (800) 572-7233
Sexual Harassment
It is the policy of Burlington County College that no member of the college community may sexually harass another. If you believe you are the victim of sexual harassment, a procedure for handling complaints is available in the Student Services Center, Parker Center Room 311. The sexual harassment officer will discuss this matter with you further and advise you on how to handle your complaint.
Campus Sex Crimes Prevention Act
The federal Campus Sex Crimes Prevention Act requires institutions of higher education to issue a statement advising the campus community where information concerning registered sex offenders may be obtained. In New Jersey, this information is accessible at www.nj.gov/njsp/info/reg_sexoffend.html.
Megan’s Law Notification
On October 31, 1992, the State of New Jersey enacted a series of laws which provide that the community be notified of the presence of certain sex offenders. As stated in the above heading, they are commonly referred to as “Megan’s Law,” marking the first mandatory notification system in the country.
This law required that the Prosecutor’s office in the country in which the offender resides, classify an offender into one of the three categories.
- Low Risk – Tier One
- Moderate Risk – Tier Two
- High Risk – Tier Three
Upon review by a Superior Court Judge, the offender may be placed in one of the classifications and notification plan, at which time, notification may occur.
Additional information on sex offender community notifications and how to handle notifications within your organization can be found on the New Jersey Attorney Generals’ website http://ww.state.nj.us./lps/dgj/guides.htm Click on (Attorney General’s guidelines for law enforcement for the implementation of sex offender registration and community notification laws).
THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT
The Buckley Amendment
Burlington County College intends to be in full compliance with the Family Educational Rights and Privacy Act of 1974, as amended (FERPA). This act was designed to protect the privacy of student educational records, to establish the rights of students to inspect and review their
educational records, to provide guidelines for the correction of inaccurate or misleading data, except grades, and to permit students to control disclosure of their educational records, with certain exceptions.
A copy of the FERPA regulations are on file in the offices of the Registrar, Public Safety Department and the Vice President of Students. Students also have the right to file complaints with FERPA, Office of the Department of Education, Washington, DC 20202, regarding alleged violations of the Act.
NJ State Right-To-Know
(Hazardous Substances)
Burlington County College has a central Right-To-Know file in Lewis Parker Center, Room 132, and at Mt. Laurel in the Public Safety Building.
This information includes:
- Material safety data sheets from manufacturers on their products used at BCC.
- Hazardous substance fact sheets from the NJ Department of Health and Senior Service Department (NJDHSSD) on substances (not products) deemed hazardous by the state.
- A copy of the current BCC Right-To-Know survey. This information is available to all employees of Burlington County College and to others upon request.
- Hazard Communications Standard Policy.
The Right-To-Know report and Hazardous Substance Fact sheets are also available from the Burlington County Lead Agent.
The Public Safety Department’s Safety Officer can also help in locating information or resources for chemical/hazard questions. The Safety Officer may be reached at (609) 894-9311, 1368.
Life Safety Issues
- Fire Suppression Inspections
- Sprinkler Systems
- Heat & Smoke Detectors
- Fire Extinguishers
- Lab Safety Inspections
- Eye Wash/Showers
- Fume Hoods
- Training for Public Safety Offices/Staff Faculty
- HCS/RTK
- Defensive Driving NSSC
- Van Operator
- Other informational training as needed
Traffic and Parking Regulations
Motor vehicles privately owned and operated on the college campus by students, staff and faculty must be registered with the Public Safety Department. The Public Safety Department will issue a parking decal as evidence of campus registration. Should a student, staff or faculty member need to temporarily park a vehicle on campus other than the vehicle registered with the Public Safety Department, the individual must immediately report to the Public Safety Department and a temporary parking pass will be issued. Failure to comply will result in a citation.
Users of the college parking lots will be issued two decals at no expense, however, there will be a $10.00 charge for additional vehicles. Inform the Public Safety Department when a vehicle is sold and it will be removed from your account.
THE SPEED LIMIT ON CAMPUS IS 25 MPH UNLESS OTHERWISE POSTED!!
Parking
No vehicle will be permitted to park in the roadways, driveways or grass areas; roadways are intended for traffic movement. Vehicles abandoned on college property will be towed at the owner’s expense. Parking is prohibited on the college grounds between the hours of 11 pm and 6 am, except for authorized vehicles. Parking spaces are provided for vehicles in the following designated areas:
- All vehicles must be parked in assigned lots.
- Students shall park in lots 1, 3, 5, 6 ,7, and 10.
- Faculty/Staff shall park in lots 2, 3, and 6.
- Disabled Students, Staff or Faculty shall park in the Blue/Orange (Disable Logo) parking stalls and lot 8.
- Visitors shall park in lots 1, 8 and 10.
- Board of Trustees park in lot 8.
- Yellow and/or orange stripes denote restricted areas – NO PARKING.
- No vehicles will be parked in motorcycle stalls.
Description of Parking Lots
Lot # 1 – adjacent to East Campus off main entrance; visitors and students
Lot # 2 – on the hill between East Campus and Parker Center; faculty, staff, and LIFE members
Lot # 3 – adjacent to the PE Center; students, disabled, faculty, staff and visitors
Lot # 4 – circle, adjacent to Parker Center; special area for disabled
Lot # 5 – along Route 530 across from Lot #4; students and motorcycles
Lot # 6 – adjacent to the 800 Building/East Campus
Lot # 7 – along Circle Drive; students
Lot # 8 – President, Trustee, visitors, disabled
Lot # 9 – in front of the Integrated Learning Resources Center/Library; disabled, maintenance and Public Safety
Lot #10 – adjacent to the Integrated Learning Resources Center/Library; students, faculty, staff and visitors.
Mt. Laurel Parking Lots
Lot # 1 – adjacent to Teleconference Center and the Science Building
Lot # 3 – adjacent to the Technology Building
Lot # 5 – adjacent to the Laurel Hall Building
Lot # 6 – adjacent to the Central Energy Building
Lot # 7 – adjacent to the Business Incubator
Note: Students and Staff are NOT Visitors
Students, staff and faculty shall be liable for fines and violations listed below:
- Failure to Display Permits – $5.00
- Parking Violations:
First offense – $ 5.00
Second offense – $10.00
Third offense – $25.00
Fourth or more – $25.00 and/or towing and/or loss of parking privileges
- Moving Violations:
First offense – $15.00
Second offense – $25.00
Third offense – $50.00
- Parking in Disabled Areas – without a NJ disabled decal – $100.00 and/or towing and/or loss of parking privileges.
- A $5.00 service charge will be added for all violations.
Failure to pay fines or appeals within the time limit will result in the freezing of student records. Students whose records are frozen may not register at any time in the future until the financial obligation is fulfilled. Fines may be mailed or paid in person at the Accounting Office. Checks or money orders should be made payable to Burlington County College.
The Public Safety Department reserves the right to tow vehicles at the owner’s expense.
Appeals of Violations
- All appeals must be made in writing.
- Students, faculty and staff members who receive a violation notice and feel they are not justified may direct their appeal to the College Appeals Committee. The appeal must be made within five days of the date of issuance of the summons. Forms are available at the Public Safety Department on all campuses.
- Decision of the College Appeals Committee may be appealed directly to the President within two days for final disposition
Personal Property
The college will not assume responsibility for the loss, theft or damage of students’, staff members’ and visitors’ personal property brought on campus. If loss, theft or damage does occur, notify the Public Safety Department immediately.
Lost and Found Property
All lost and found property should be turned into the Public Safety Department.
Emergency Communications
and Closed Circuit Television Monitoring
In order to enhance safety for members of the BCC community, the Public Safety Department has installed call boxes in parking lots on both BCC Campuses. Call boxes are strategically located in parking areas to assist students, staff, faculty, and visitors with jump starts, lockouts, and any emergencies that may arise. When assistance is needed, please follow the instructions on the front cover of the call box. All
Public Safety Department officers on-duty monitor the call boxes and the accompanying closed circuit TV cameras in use at BCC locations. |
