Division of Student Services

Policies Relating to Sex Offenses

 

All forms of sexual offenses are violations of the University's Community Standards and therefore the University has developed a comprehensive “Sexual Assault and Misconduct Policy” which is contained in the Student Handbook.

While most victims of sexual assault are women, some men have also experienced this crime. Male victims of sexual assault at Seton Hall University receive the same services as women. Emotional support, counseling, medical treatment and legal options are available to assist all those recovering from sexual assault.

The University educates the student community about sexual assaults and date rape through mandatory freshman orientations each fall. Informative programs are conducted throughout the year by the Department of Community Development and Health & Counseling Services. In addition, the Department of Public Safety and Security conducts Rape Aggression Defense (RAD) Training four to six times a year. Literature on date rape education, risk reduction, and University response is available through the Department of Public Safety and Security, the Department of Community Development, Health Services and Counseling Services.

If you are a victim of sexual assault at this institution, your first priority should be to get to a safe place and obtain necessary medical treatment. The University strongly advocates that a victim of sexual assault report the incident in a timely manner. An assault should be reported directly to the Department of Public Safety and Security at (973) 761-9300, the South Orange Police at (973) 763-3000, the Newark Police at (973) 733-6000 for the Law School, or to any identified campus authority as indicated in this publication. University officials to which a sexual assault can be reported will provide assistance in notifying law enforcement authorities if so desired.

Other internet resources include:

All victims of sexual assault are afforded the following rights as contained in the New Jersey Campus Sexual Assault Victim’s Bill of Rights:

CAMPUS SEXUAL ASSAULT VICTIM’S BILL OF RIGHTS (Pursuant to NJSA 18A, Chapter 61E)

Introduction:
A college or university in a free society must be devoted to the pursuit of truth and knowledge through reason and open communication among its members. Academic communities acknowledge the necessity of being intellectually stimulating where the diversity of ideas is valued. Its rules must be conceived for the purpose of furthering and protecting the rights of all members of the college community in achieving these ends. The boundaries of personal freedom are limited to applicable state and federal laws and institutional rules and regulations governing interpersonal behavior. In creating a community free from violence, sexual assault and nonconsensual sexual contact, respect for the individual and human dignity are of paramount importance. The state of New Jersey recognizes that the impact of violence on its victims and the surrounding community can be severe and long lasting. Thus, it has established this Bill of Rights to articulate requirements for policies, procedures and services designed to insure that the needs of victims are met and that the colleges and universities in New Jersey create and maintain communities that support human dignity.


BILL OF RIGHTS
The following Rights shall be accorded to victims of sexual assault that occur:

  • on the campus of any public or independent institution of higher education in the state of New Jersey, and where the victim or alleged perpetrator is a student at that institution, and/or
  • when the victim is a student involved in an off campus sexual assault.

HUMAN DIGNITY RIGHTS
To be free from any suggestion that victims must report the crimes to be assured of any other right guaranteed under this policy.

To have any allegations of sexual assault treated seriously; the right to be treated with dignity.

To be free from any suggestion that victims are responsible for the commission of crimes against them.

To be free from any pressure from campus personnel to:

1. report crimes if the victim does not wish to do so
2. report crimes as lesser offenses than the victim perceives the crime to be
3. refrain from reporting crimes
4. refrain from reporting crimes to avoid unwanted personal publicity

RIGHTS TO RESOURCES ON AND OFF CAMPUS

  • To be notified of existing campus and community based medical, counseling, mental health and student services for victims of sexual assault whether or not the crime is formally reported to campus or civil authorities.
  • To have access to campus counseling under the same terms and conditions which apply to other students in their institution seeking such counseling.
  • To be informed of and assisted in exercising:
    1. any rights to confidential or anonymous testing for sexually transmitted diseases, human immunodeficiency virus, and/or pregnancy
    2. any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases.

CAMPUS JUDICIAL RIGHTS

  • To be afforded the same access to legal assistance as the accused.
  • To be afforded the same opportunity to have others present during any campus disciplinary proceeding that is allowed the accused.
  • To be notified of the outcome of the sexual assault disciplinary proceeding against the accused.

LEGAL RIGHTS

  • To have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the sexual assault is reported.
  • To receive full and prompt cooperation and assistance of campus personnel in notifying the proper authorities.
  • To receive full, prompt, and victim sensitive cooperation of campus personnel with regard to obtaining, securing, and maintaining evidence, including a medical examination when it is necessary to preserve evidence of the assault.
  • To be free from any suggestion that victims were contributory negligent or assumed the risk of being assaulted.

CAMPUS INTERVENTION RIGHTS
To require campus personnel to take reasonable and necessary actions to prevent further unwanted contact of victims by their alleged assailants.

To be notified of the options for and provided assistance in changing academic and living situations if such changes are reasonably available.
 
STATUTORY MANDATES
Each campus must guarantee that this Bill of Rights is implemented. It is the obligation of the individual campus governing board to examine resources dedicated to services required to implement the Bill of Rights and to make appropriate requests to increase or reallocate resources where necessary to ensure implementation. Each campus shall make every reasonable effort to ensure that every student at that institution receives a copy of this document. Nothing in this act or in any "Campus Assault Victim’s Bill of Rights" developed in accordance with the provisions of this act, shall be construed to preclude or in any way restrict any public or independent institution of higher education in the State from reporting any suspected crime or offense to the appropriate law enforcement authorities.

In The Event You Are A Victim of Sexual Assault
Try to preserve all physical evidence. Do not wash, use the toilet, or change clothing if you can avoid it. If you do change clothes, put all clothing you were wearing at the time of the attack in a paper, not plastic, bag.


On campus victim services include counseling through the University's Health and Counseling Services. Additional victim services may be obtained by contacting with The Essex County Rape Care Center Hot Line at 1-877-773-2273 or the Essex County Prosecutors Office at 973-627-4700.

In addition to counseling services, the University will make attempts to arrange for academic and living accommodations to ensure separation from the alleged offender. For instance, the University may allow a victim to break a housing contract mid-semester but should not be expected to pay for off campus accommodations.
University disciplinary proceedings, as well as special guidelines for cases involving sexual misconduct, are detailed in the Student Handbook. The Handbook provides, in part, that the accused and the victim will each be allowed to choose one university affiliated person who has had no formal legal training to accompany them throughout the hearing. Both the victim and the accused will be informed of the outcome of the hearing. A student found to be responsible for sexual assault may be suspended or dismissed from the University for a first offense. In addition to campus disciplinary proceedings, offenders of the Sexual Assault and Misconduct Policy may also face criminal prosecution in the State of New Jersey. The Department of Public Safety and Security will assist a victim in contacting local law enforcement agencies to initiate an investigation.


Campus Sex Crimes Prevention Act
The Campus Sex Crimes Prevention Act requires sex offenders to report to the appropriate state and local agencies responsible for sex offender registration and document their enrollment as a student, volunteer or acceptance of employment at all educational institutions. The University will be notified of all offenders who fit these notification criteria. Upon notification, Seton Hall University, along with the South Orange Police Department and the Essex County Prosecutors Office, will coordinate the notification of the university community members. The New Jersey State Police website for information on registered sex offenders can be found at: http://www.nj.gov/njsp/info/reg_sexoffend.html


Disclosure of Crime Statistics
All incidents occurring all Seton Hall University property and public areas immediately adjacent to campus, that are reported to the Department of Public Safety and Security, as well as other identified campus authorities, the South Orange Police Department, the Newark Police Department and the Essex County Sheriffs Department are annually calculated and included in our “Student Right to Know Report” available on the Public Safety website at: http://www.shu.edu/offices/public-safety-index.cfm

This report of crime statistics is compiled and published by the Department of Public Safety & Security and the Department of Community Development in accordance with the guidelines put forth in the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. The report contains detailed information regarding campus crime, arrests, and referral statistics reported to the Department of Public Safety and Security, as well as other identified campus authorities, the South Orange Police Department, The Newark Police department and the Essex County Sheriffs Department

The following charts include offenses that were reported to Seton Hall university’s Department of Public Safety & Security, other Law Enforcement Agencies, and other University officials who have significant responsibilities for student and campus activities. These offenses are compiled procedures in accordance with the provisions of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

Definitions of Reportable Crimes
  • Criminal Homicide
  • Murder and non-negligent manslaughter: The willful (non-negligent) killing of one human being by another
  • Negligent manslaughter: The killing of another person through gross negligence
  • Forcible Sex Offenses
    • 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 or her temporary or permanent mental or physical incapacity (or because of his or her youth).
    • Forcible Sodomy: Oral or anal sexual intercourse with 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 because of his or her youth or because of his or 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 or her youth or because of his or 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 the person’s will, where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity.
  • Non-Forcible Sex Offenses:
    • 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.
  • Aggravated assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by a means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used that could and probably would result in serious personal injury if the crime were successfully completed.)
  • Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
  • Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes, this definition include: unlawful entry with intent to commit a larceny or a felony, breaking and entering with intent to commit a larceny, housebreaking, safecracking, and all attempts to commit any of the aforementioned acts.
  • Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. (Motor vehicle theft is classified as any case where an automobile is taken by a person not having lawful access, even if the vehicle is later abandoned, including joy riding.)
  • Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
  • Other Offenses
    • Liquor Law Violations: The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned activities. (Drunkenness and driving under the influence are not included in this definition.)
    • Drug abuse violations: Violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substance include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotic (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine.)
    • Weapon law violations: The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: the manufacture, sale, or possession of deadly weapons; the carrying of deadly weapons, concealed or openly; the furnishing of deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned acts.

Effective Date

May 6, 2009

 
 
Contact Us

Division of Student Services
(973) 761-9075
Fax (973) 761-9797
studentservices@shu.edu
Bishop Dougherty University Center

Sign In to PirateNet