Victims and witnesses of sexualassault, domestic violence, dating violence and stalking can no longer be suspended or be put on probation for violating Harding’s code of conduct when crimes occur, according to a new university policy.
Harding counselors Klay Bartee and Briana Cunningham announced the new victim and witness Immunity Clause in chapel on Sept. 19. The immunity policy has been in effect since the beginning of the semester, and can be read in the Victim Rights handout online under the Student Life, Public Safety or Counseling Center tabs on Harding’s website.
“Students who believe they are victims of dating violence, domestic violence, sexual assault, or stalking may obtain redress through University procedures,” the new Immunity Clause states. “Complainants and witnesses who report or participate in an investigation of dating violence, domestic violence, sexual assault, or stalking will not be subject to disciplinary sanctions, such as suspension or probation, for violations of the code of conduct that occurred at or near the time of the incident.”
University Executive Vice President David Collins said national discussions regarding sexual crimes on college campuses are what made Harding administrators look at the issue more closely. According to 2015 data from the National Sexual Violence Resource Center (NSVRC), more than 90 percent of sexual assault victims on college campuses do not report the crime. Collins said once he realized Harding’s code of conduct might deter victims and witnesses from reporting crimes, he knew the university policy had to change.
“There are a number of reasons why victims do not report, but we certainly do not want the concerns of being disciplined for alcohol, drugs, or whatever the code of conduct violation is, to keep the student from being able to report and have the university respond appropriately to sexual violence,” Collins said. “Yes, it’s important to us to enforce our code of conduct and to hold students to high standards, but above that, we want to be able to respond fully to crimes of this nature. In order to do that, we wanted to be able to offer students the option to come forward and not have any disciplinary actions.”
Collins said the change to Harding’s policy was made by collaborating with Public Safety, the Office of Student Life and the Counseling Center.
Senior Natalie Martin said she has gone with other students in the past to report sexual assaults on campus and said she believes the new Immunity Clause will be met with diverse reactions.
“Some students may feel skeptical about the new policy,” Martin said. “We’re told we won’t have repercussions, but I feel like some people will have a hard time believing there isn’t a catch. If over time, students see people coming forward and getting help without being scrutinized for their actions, I can see many more individuals being willing to come forward. It’s just going to take some time.”
Zach Neal, assistant vice president of student life, is one of the administrators who investigate sexual crime allegations. He said that even though the immunity policy is new, students who have been victims or witnesses of sex crimes in the past can come forward now and still be protected with immunity.
“We will give as much attention to something from the past as we will the present in order to help the student,” Neal said. “Our primary concern is the health of the student, both physical and emotional. We definitely want students to feel comfortable talking to us, regardless if it is about the past or the present, so that we can help put each student in touch with the proper resources related to their well-being on campus.”
Neal, Collins, Bartee and Cunningham all said they believe there should be more conversations on campus regarding sexual assault. Collins said part of the ongoing discussion needs to include a better understanding of what sexual violence is.
Cunningham briefly mentioned some misconceptions of sexual violence during the Sept. 19 chapel.
“We have to stop thinking that this is something that men only do to women,” Cunningham said. “Sometimes men do it to men, sometimes women do it to women, and … sometimes there may be a woman who does it to a man.”
Men in college are five times more likely to experience sexual assault than men who are not in college, according to 2014 data from the Rape, Abuse and Incest National Network. More data was released in 2015 by the NSVRC that said one in five women and one in 16 men are sexually assaulted while in college.
Bartee said he believes some of the misconceptions of sexual violence come from victim shaming.
“If you’re sexually assaulted, it is never your fault,” Bartee said. “I don’t care where you are; I don’t care what you’re doing; I don’t care if you know this person; I don’t care if you’ve had sex with them before. If you say no, that’s it. Anything past that is assault.”
Kathy Helpenstill, assistant professor of behavioral sciences and a forensic interviewer for the White County Children’s Safety Center, said she agrees with Bartee and said that Harding needs to move forward from just talking about the victim.
“I think a next step needs to be getting comfortable talking about sexuality and reconciling and differentiating between a person’s behavior and blame,” Helpenstill said. “You’re responsible for your behavior regardless of what someone else is doing. If you choose to wear a certain outfit, it doesn’t mean that you’re ‘easy’ and that you’re asking for sex. But women and men on campus believe that based on clothing, hobbies, music and free-time leisure activities, that you are asking for something or that’s who you are. That kind of assumption and interpretation has got to be part of the next step — identifying how behaviors are not a part of entitlement. “
Right now, Bartee said there are no plans he knows of to discuss the predator’s involvement in sexual assault cases, but he said he does believe those discussions are crucial.
“We don’t have that part of the discussion, speaking to the entitlement of these predators,” Bartee said. “You are in the wrong if you are manipulating, coercing, blackmailing, taking advantage of someone, or if you are pursuing anybody in the manner where it is unwanted. You are not entitled to try to get whatever you want sexually from another person. What I’m understanding is that (predators) literally believe that it is not wrong. I find that disturbing. If that is a prevalent idea out there, then I fully support some of us screaming, ‘That is not OK. Your jaded idea of entitlement when it comes to sexual conduct with someone else is wrong.’ That’s a good part of the conversation that needs to be equally stressed.”
According to Neal, sexual assault will be discussed in chapel again in October, and Harding will honor Sexual Assault Awareness Month in April by having a booth in the Hammon Student Center.
