Response to Sexual Misconduct

The University of San Francisco does not discriminate on the basis of sex in its educational programs and sexual harassment and sexual violence are types of sex discrimination. Other acts can also be forms of sex-based discrimination and are also prohibited whether sexually based or not and include dating violence, domestic violence, and stalking. As a result, the University of San Francisco issues this statement of policy to inform the community of our comprehensive plan addressing sexual misconduct, educational programs, and procedures that address sexual assault, domestic violence, dating violence, and stalking, whether the incident occurs on or off campus and when it is reported to a University official. In this context, the University of San Francisco prohibits the offenses of domestic violence, dating violence, sexual assault and stalking and reaffirms its commitment to maintain a campus environment emphasizing the dignity and worth of all members of the University community.

The University of San Francisco recognizes that sexual misconduct is a serious issue and will not tolerate any offense of the Sexual Misconduct Policy or the Policy Against Unlawful Harassment, Discrimination and Retaliation under any circumstances. Any University student or employee who commits any form of sexual misconduct will be subject to disciplinary action, which may result in expulsion or suspension from the University or termination from employment, as well as any actions external authorities may undertake. If a victim wishes to pursue a formal complaint, the Title IX Coordinator will appoint investigators to conduct an investigation. If the victim does not wish to pursue a formal complaint, the Title IX Coordinator will determine, based on all available information, whether or not the University will be able to honor that request. This determination will be made upon evaluating the potential for ongoing threat to the community and/or relevant information about other behavioral concerns of the alleged party. Once an incident of sexual assault becomes known to any University employee that person (with the exception of mental health counselors and pastoral officials acting in their professional capacities) has an obligation to report the incident to a supervisor and/or a Title IX Coordinator, and to file a report at www.usfca.edu/redfolder. Upon receiving the report, a Title IX officer will be assigned to conduct a preliminary investigation to determine whether the incident will be reported to San Francisco Police Department (SFPD) for criminal investigation. If referred, SFPD will then assume the full responsibility for any criminal investigation. Victims should be conscious of preserving evidence that may be useful during criminal prosecution. Victims should be encouraged to follow up with the University’s Counseling and Psychological Services (CAPS), University Ministry or other public and private services within the city. The University may make changes in a victim’s academic, working, and living situation if reasonably possible. For more information, please refer to the University’s Sexual Misconduct Policy, found in the Fogcutter Student Handbook at www.usfca.edu/fogcutter, or the Policy Against Unlawful Harassment, Discrimination and Retaliation found on the Human Resources website at https://myusf.usfca.edu/human-resources/policies-procedures.

Getting Help

University Resources

Public Safety
Emergency: (415) 422-2911
Non-emergency: (415) 422-4222
www.usfca.edu/public-safety

Title IX Office
University Center, 5th Floor
(415) 422-4563
https://myusf.usfca.edu/title-ix

Dean of Students
University Center, 5th Floor
(415) 422-5330
https://myusf.usfca.edu/dean-of-students

Counseling and Psychological Services
Gillson Hall, Lower Level
(415) 422-6352
https://myusf.usfca.edu/caps

University Ministry
Toler Hall, Lower Level
(415) 422-4463
https://www.usfca.edu/university-ministry/

Sexual Assault Reporting Hotline
(855) 227-2499
https://myusf.usfca.edu/title-ix

Other Resources

San Francisco Police Department
Emergency: 911
Non-Emergency: (415) 553-0123

Rape Abuse & Incest National Network
(800) 656-HOPE (4673)
www.rainn.org

National Domestic Violence Hotline
(800) 799-SAFE (7233)
(800) 787-3224 (TTY)
www.thehotline.org

National Dating Abuse Hotline
1-877-331-9474

National Sexual Assault Hotline
(800) 656-HOPE (4673)

Definitions

There are numerous terms used by the University of San Francisco in our policy and procedures.

Consent

Consent is defined in California as follows:

California Penal Code 261.6.  
In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is at issue, “consent” shall be defined to mean positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue in a prosecution under Section 261, 262, 286, 288a, or 289.

The University’s Sexual Misconduct Policy defines consent as clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.

  • Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
  • Previous relationships or prior consent cannot imply consent to future sexual acts.
  • Mutually understandable consent must be obtained and maintained by both parties throughout the sexual interaction.
  • Consent to sexual activity may be revoked at any time, at which point sexual activity must cease immediately.
  • In order to give consent, one must be of legal age. The penal code for the state of California states that “a ʻminorʼ is a person under the age of 18 years and an ʻadultʼ is a person who is at least 18 years of age.

Sexual Assault

“Sexual assault” means an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting system. A sex offense is any act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

Rape is defined as penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.  This definition includes any gender of victim or perpetrator.  

Fondling is defined as the touching of the private parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Incest is defined as nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape is defined as nonforcible sexual intercourse with a person who is under the statutory age of consent.

Domestic Violence

The term “domestic violence” means:

1) Felony or misdemeanor crimes of violence committed—
(i) By a current or former spouse or intimate partner of the victim;
(ii) By a person with whom the victim shares a child in common;
(iii) By a person who is cohabiting with or has cohabited with the victim as a spouse or intimate partner;
(iv) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
(v) By any other person against an adult or youth victim who is protected from that person’s act under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
2) For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purpose of Clery Act reporting.

Dating Violence

The term “dating violence” means violence committed by a person:

1) Who is or has been in a social relationship of a romantic or intimate nature with the victim and

2) The existence of such a relationship shall be based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

For the purposes of this definition—
(i) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
(ii) Dating violence does not include acts covered under the definition of domestic violence.

For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Domestic Violence and Dating Violence are defined in California as follows:

California Penal Code 273.5
(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.
(b) Subdivision (a) shall apply if the victim is or was one or more of the following:
(1) The offender’s spouse or former spouse.
(2) The offender’s cohabitant or former cohabitant.
(3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243.
(4) The mother or father of the offender’s child.

Stalking

The term “stalking” means:

1) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
(i) Fear for the person’s safety or the safety of others; or
(ii) Suffer substantial emotional distress.

2) For the purposes of this definition—
(i) Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
(ii) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
(iii) Reasonable persons means a reasonable person under similar circumstances and with similar identities to the victim.

3) For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Stalking is defined in California as follows:

California Penal Code 646.9
(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.

Education and Prevention Programs

The University engages in comprehensive, intentional, and integrated programming initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault, and stalking that:

  • Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research, or assessed for value, effectiveness, or outcome; and
  • Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community and societal levels.

Educational programming consists of primary prevention and awareness programs for all incoming students and new employees and ongoing awareness and prevention campaigns for students and employees that:

  • Identifies domestic violence, dating violence, sexual assault and stalking as prohibited conduct.
  • Defines using definitions provided both by the Department of Education as well as state law what behavior constitutes domestic violence, dating violence, sexual assault, and stalking.
  • Defines what behavior and actions constitute consent to sexual activity in the State of California and/or using the definition of consent found in the Student Code of Conduct if state law does not define consent.
  • Provides a description of safe and positive options for bystander intervention. Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking. Bystander intervention includes recognizing the situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.
  • Information on risk reduction. Risk reduction means options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.
  • Provides an overview of information contained in the Annual Security Report in compliance with the Clery Act.

The University continues to maintain ongoing cyclical educational campaigns specific to students, faculty, and staff as soon as they join the USF community. The educational campaigns consist of presentations that include Think About It, parts I, II, and III, distribution of educational materials to new students, and participating in and presenting information and materials during new employee orientation.

Primary Prevention and Awareness Programs

The University offered the following primary prevention and awareness programs for all incoming students in the 2018/2019 academic year:

Name of Program Population Dates Held Location Held Prohibited Behavior Covered
New Student Orientation All incoming freshman and transfer students January 2018
August 2019
On campus SA*
Active bystander intervention to promote responsible drinking and prevent of sexual assault training All 130 Student Assistants working as front desk in campus housing. January 2018
August 2019
On campus DoV, DaV, SA, S*
Think About It (Online Course) All incoming freshman and transfer students

Deadlines:
January 15, 2018
August 15, 2019

Online DoV, DaV, SA, S*

Think About It Graduate
(Online Course)

All incoming graduate students and visiting students

Deadlines:
January 15, 2018
August 15, 2019

Online DoV, DaV, SA, S*
Peer Education Training 4 Peer educators and 32 volunteers

Bi-annual:
February 2018
September 2019

On campus DaV, SA, DoV, S*
Informational tables on alcohol and other drugs General students September 23, 2019 University Center DoV, DaV, SA*
Educational videos (in 2 minutes or less) on alcohol, other drugs, and active bystander intervention All students Online Videos and on USF closed circuit TV HPS website

Alcohol and Drugs use and misuse. Topics:
ADHD medication
Heroin
Edible Marijuana
Nitrous Oxide
Cocaine
Alcohol

Consent Video All students Online Online DoV, DaV, SA, S*

*DoV means Domestic Violence, DaV means Dating Violence, SA means Sexual Assault, and S means Stalking

The University offered the following primary prevention and awareness programs for all new employees in the 2018/2019 academic year:

Name of Program Population Dates Held Location Held Prohibited Behavior Covered
University Welcome Faculty and Staff

December 4, 2018
September 16, 2019

On Campus DoV, DaV, SA, S*
New Employee Orientations Staff Held weekly on Wednesday mornings On Campus DaV, SA, S*
Title IX training video Mandatory for new faculty and staff, and annually thereafter Ongoing Online DoV, DaV, SA, S*

*DoV means Domestic Violence, DaV means Dating Violence, SA means Sexual Assault, and S means Stalking

The University offered the following ongoing awareness and prevention programs for students in the 2018/2019 academic year:

Name of Program Population Date Held Location Held Prohibited Behavior Covered
Fall Health Fair All students October 2018 On campus DoV, DaV, SA, S*
Safe Spring Break Tabling Residential students March 9, 2019

Residential halls:
Fromm - Lobby
Pedro Arrupe
Loyola Village, Bldg A

DoV, DaV, SA, S*
Alcohol Awareness Game Day All students April 2019 On campus DoV, DaV, SA, S*
Senior Stumble Graduating Senior May 2019 In exchange for free pizza and water, graduating seniors posting safe tips on their Facebook page. DaV, SA, S*
HPS web site All students Ongoing Online https://myusf.usfca.edu/hps/alcohol-drugs DoV, DaV, SA, S*
Brief Motivational Intervention Sanctioned students Ongoing during the academic year On campus DaV, SA, S*
Talk About It Jeopardy Residential students On demand Residential students DaV, SA, S*

* DoV means Domestic Violence, DaV means Dating Violence, SA means Sexual Assault, and S means Stalking

The University offered the following ongoing awareness and prevention programs for employees in the 2018/2019 academic year:

Name of Program Population Date Held Location Held Prohibited Behavior Covered
Online Anti-Harassment Training (Everfi/LawRoom Faculty and Staff Ongoing Online (myLearning) DaV, SA, S*
In-Person Anti-Harassment Classes Faculty and Staff October 24, 2018
November 29, 2018
On campus DaV, SA, S*
Interaction Management De-Escalation Training Faculty and Staff
All Public Safety Personnel

 

December 4, 2018

On campus DaV, SA, S*
Workplace Violence Prevention Course (Everfi/LawRoom) Faculty and Staff Ongoing

Online
(myLearning)

DaV, SA, S*
Duty to Prevent Violence Course (Everfi/LawRoom) Faculty and Staff Ongoing

Online
(myLearning)

DaV, SA, S*

*DoV means Domestic Violence, DaV means Dating Violence, SA means Sexual Assault, and S means Stalking

Procedures for Reporting a Complaint

The University has procedures in place that serve to be sensitive to those who report sexual assault, domestic violence, and stalking, notifying individuals about their right to file criminal charges as well as the availability of counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance and other services on and/or off campus as well as additional remedies to prevent contact between a complainant and a respondent, such as housing, academic, transportation and workplace remedial actions, if reasonably available. The University will make such remedial actions, if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to Public Safety or local law enforcement.

If you have been the victim of domestic violence, dating violence, sexual assault, or stalking, you should report the incident promptly by calling, writing or visiting these offices to report in person to the following Title IX Coordinators and/or the Department of Public Safety (if the victim so desires):

Department of Public Safety
University Center 5th Floor
San Francisco, CA 94117
(415) 422-4201 (non-emergency)
(415) 422-2911 (emergency)
www.usfca.edu/public_safety

Title IX Coordinator
Jess Varga
University Center, 5th floor
(415) 422-4563
jvarga@usfca.edu

Deputy Coordinators

Julie Orio (for students)
Vice Provost for Student Life
University Center, 5th Floor
(415) 422-5330
orioj@usfca.edu

Shannon Gary (for students)
Associate Vice Provost for Student Life and Dean of Students
University Center, 5th Floor
415) 422-5330
sgary@usfca.edu

Diane Nelson (for faculty and staff)
Assistant Vice President for Human Resources
Lone Mountain, Main Building, Room 339
(415) 422-2441
dlnelson3@usfca.edu

David Philpott (for faculty & staff)
Director, Office of General Counsel
(415) 422-2458
philpottd@usfca.edu

Linda Lappe (for athletics)
Senior Associate Athletic Director
Sobrato Center (Memorial Gym)
llappe@usfca.edu

Callisto
Third party, online site offering an additional method for reporting sexual assault:
https://usfca.callistocampus.org/

After an incident of sexual assault or domestic/dating violence, the victim should consider seeking medical attention as soon as possible. For instances of sexual violence, the victim should seek medical attention from:

San Francisco General Hospital
2727 Mariposa St, #100
San Francisco, CA 94110
(415) 437-3011

Individuals attending additional campuses, additional locations, or online programs should contact:

Rape Abuse & Incest National Network (RAINN)
(800) 656-HOPE (4673)
www.rainn.org

In California, evidence may be collected even if you chose not to make a report to law enforcement. It is important that victims of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were assaulted if the offense occurred within the past five days so that evidence may be preserved that may assist in proving that the alleged criminal offense occurred/or is occurring or may be helpful in obtaining a protection order. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease. Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to University investigators or police. Although, the University strongly encourages all members of its community to report violations of this policy to law enforcement, it is the victim’s choice whether or not to make such a report and victims have the right to decline involvement with the police. Under the Violence Against Women Act and the Department of Justice Reauthorization Act, victims of sexual assault are not required to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or both. The University will assist any victims with notifying local police if they so desire. The following police departments may be reached directly:

Police Department Information

Hilltop Campus

San Francisco Police Department
Park Station
1899 Waller St
San Francisco, CA 94117
(415) 242-3000

Richmond Station
461 6th Ave
San Francisco, CA 94118
(415) 666-8000

Taraval Station
2345 24th Ave
San Francisco, CA 94116
(415) 759-3100

Downtown Campus

San Francisco Police Department
Southern Station
850 Bryant St
San Francisco, CA 94103
(415) 553-1373

Presidio Location

US Government and National Park Service Police
1217 Ralston Ave
San Francisco, CA 94129
(415) 561-5505

Orange County Campus

Orange Police Department
1107 N. Batavia St
Orange, CA 92867
(714) 744-7444

Pleasanton Campus

Pleasanton Police Department
4833 Bernal Ave
Pleasanton, CA 94566
(925) 931-5100

Sacramento Campus

Sacramento Police Department
5770 Freeport Blvd, Suite 100
Sacramento, CA 95822
(916) 264-5471

San Jose Campus

San Jose Police Department
201 W. Mission St
San Jose, CA 95110
(408) 277-8900

Santa Rosa Location

Santa Rosa Police Department
965 Sonoma Ave
Santa Rosa, CA 95404
(707) 543-3600

The University will provide resources—on campus, off campus, or both—to persons who have been victims of sexual assault, domestic violence, dating violence, or stalking, and will apply appropriate disciplinary procedures to those who violate this policy. The procedures set forth below are intended to afford a prompt response to charges of sexual assault, domestic or dating violence, and stalking, to maintain confidentiality and fairness consistent with applicable legal requirements, and to impose appropriate sanctions on violations of this policy.

As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult. A victim who chooses not to make a complaint regarding an incident nevertheless should consider speaking with Public Safety or other law enforcement to preserve evidence in the event that the victim reconsiders options at a later date.

If a report of domestic violence, dating violence, sexual assault or stalking is reported to the University, below are the procedures that the University will follow as well as a statement of the standard of evidence that will be used during any investigation on campus arising from such a report:

Incident Being Reported: Procedure Institution Will Follow For Students: Procedure Institution Will Follow For Employees: Evidentiary Standard
Sexual Assault
  1. Depending on when reported (immediate vs delayed report), institution will provide complainant with access to medical care.
  2. If applicable, institution will provide written information to complainant on how to preserve evidence.
  3. Institution will assess immediate safety needs of complainant.
  4. Institution will assist complainant with contacting local police if complainant requests AND provide complainant with contact information for local police department.
  5. Institution will provide complainant with referrals to on- and off-campus mental health providers.
  6. Institution will assess need to implement interim or long-term supportive measures such as housing changes, changes in class schedules, and “No Contact” directives between the parties.
  7. Institution will provide a copy of the Sexual Misconduct Policy to the complainant and the respondent, and inform them regarding timeframes for inquiry, investigation, and resolution.
  8. Institution will inform the complainant and respondent of the outcome of the investigation, whether or not charges will be assessed, as well as any applicable corrective action.
  9. Institution will inform the complainant and respondent of allegations being investigated, evidence used to determine responsibility of violation of policy, as well as any applicable corrective action.
  10. Institution may use either a single-decision maker or a hearing process to determine responsibility of violation of policy.
  1. Depending on when reported (immediate vs delayed report), institution will provide complainant with access to medical care.
  2. If applicable, institution will provide written information to complainant on how to preserve evidence.
  3. Institution will assess immediate safety needs of complainant.
  4. Institution will assist complainant with contacting local police if complainant requests AND provide complainant with contact information for local police department.
  5. Institution will provide complainant with referrals to the Employee Assistance Program for mental health providers.
  6. Institution will assess need to implement interim or long-term protective measures, such as workplace changes.
  7. Institution will provide written or verbal instructions on how to obtain a protective or restraining order.
  8. Institution will provide a copy of the Policy Against Unlawful Harassment, Discrimination and Retaliation to the complainant and the respondent, and inform them regarding timeframes.
  9. Institution will inform the complainant and respondent of the outcome of the investigation.
  10. Institution will protect the complainant from retaliation and take immediate and separate action against parties that retaliate against a person for complaining of sex-based discrimination or for assisting in the investigation.
Preponderance of the evidence standard

 

Incident Being Reported: Procedure Institution Will Follow For Students: Procedure Institution Will Follow For Employees: Evidentiary Standard
Stalking
  1. Depending on when reported (immediate vs delayed report), institution will provide complainant with access to medical care.
  2. If applicable, institution will provide written information to complainant on how to preserve evidence.
  3. Institution will assess immediate safety needs of complainant.
  4. Institution will assist complainant with contacting local police if complainant requests AND provide complainant with contact information for local police department.
  5. Institution will provide complainant with referrals to on- and off-campus mental health providers.
  6. Institution will assess need to implement interim or long-term supportive measures such as housing changes, changes in class schedules, and “No Contact” directives between the parties.
  7. Institution will provide a copy of the Sexual Misconduct Policy to the complainant and the respondent, and inform them regarding timeframes for inquiry, investigation, and resolution.
  8. Institution will inform the complainant and respondent of the outcome of the investigation, whether or not charges will be assessed, as well as any applicable corrective action.
  9. Institution will inform the complainant and respondent of allegations being investigated, evidence used to determine responsibility of violation of policy, as well as any applicable corrective action.
  10. Institution may use either a single-decision maker or a hearing process to determine responsibility of violation of policy.
  1. Depending on when reported (immediate vs delayed report), institution will provide complainant with access to medical care.
  2. If applicable, institution will provide written information to complainant on how to preserve evidence.
  3. Institution will assess immediate safety needs of complainant.
  4. Institution will assist complainant with contacting local police if complainant requests AND provide complainant with contact information for local police department.
  5. Institution will provide complainant with referrals to the Employee Assistance Program for mental health providers.
  6. Institution will assess need to implement interim or long-term protective measures, such as workplace changes.
  7. Institution will provide written or verbal instructions on how to obtain a protective or restraining order.
  8. Institution will provide a copy of the Policy Against Unlawful Harassment, Discrimination and Retaliation to the complainant and the respondent, and inform them regarding timeframes.
  9. Institution will inform the complainant and respondent of the outcome of the investigation.
  10. Institution will protect the complainant from retaliation and take immediate and separate action against parties that retaliate against a person for complaining of sex-based discrimination or for assisting in the investigation.
Preponderance of the evidence standard
Incident Being Reported: Procedure Institution Will Follow For Students: Procedure Institution Will Follow For Employees: Evidentiary Standard
Dating Violence
  1. Depending on when reported (immediate vs. delayed report), institution will provide complainant with access to medical care.
  2. If applicable, institution will provide written information to complainant on how to preserve evidence.
  3. Institution will assess immediate safety needs of complainant.
  4. Institution will assist complainant with contacting local police if complainant requests AND provide complainant with contact information for local police department.
  5. Institution will provide complainant with referrals to on- and off-campus mental health providers.
  6. Institution will assess need to implement interim or long-term supportive measures such as housing changes, changes in class schedules, and “No Contact” directives between the parties.
  7. Institution will provide a copy of the Sexual Misconduct Policy to complainant and respondent, and inform them regarding timeframes for inquiry, investigation and resolution.
  8. Institution will inform the complainant and respondent of the outcome of the investigation, whether or not the respondent will be administratively charged, as well as any applicable corrective action.
  9. Institution will inform the complainant and respondent of allegations being investigated, evidence used to determine responsibility of violation of policy, as well as any applicable corrective action.
  10. Institution may use either a single-decision maker or a hearing process to determine responsibility of violation of policy.
  1. Depending on when reported (immediate vs delayed report), institution will provide complainant with access to medical care.
  2. If applicable, institution will provide written information to complainant on how to preserve evidence.
  3. Institution will assess immediate safety needs of complainant.
  4. Institution will assist complainant with contacting local police if complainant requests AND provide complainant with contact information for local police department.
  5. Institution will provide complainant with referrals to the Employee Assistance Program for mental health providers.
  6. Institution will assess need to implement interim or long-term protective measures, such as workplace changes.
  7. Institution will provide written or verbal instructions on how to obtain a protective or restraining order.
  8. Institution will provide a copy of the Policy Against Unlawful Harassment, Discrimination and Retaliation to the complainant and the respondent, and inform them regarding timeframes.
  9. Institution will inform the complainant and respondent of the outcome of the investigation.
  10. Institution will protect the complainant from retaliation and take immediate and separate action against parties that retaliate against a person for complaining of sex-based discrimination or for assisting in the investigation.
Preponderance of the evidence standard
Incident Being Reported: Procedure Institution Will Follow For Students: Procedure Institution Will Follow For Employees: Evidentiary Standard
Domestic Violence
  1. Depending on when reported (immediate vs delayed report), institution will provide complainant with access to medical care.
  2. If applicable, institution will provide written information to complainant on how to preserve evidence.
  3. Institution will assess immediate safety needs of complainant.
  4. Institution will assist complainant with contacting local police if complainant requests AND provide complainant with contact information for local police department.
  5. Institution will provide complainant with referrals to on- and off-campus mental health providers.
  6. Institution will assess need to implement interim or long-term supportive measures such as housing changes, changes in class schedules, and “No Contact” directives between the parties.
  7. Institution will provide a copy of the Sexual Misconduct Policy to complainant and inform the complainant regarding timeframes for inquiry, investigation and resolution.
  8. Institution will inform the complainant of the outcome of the investigation, whether or not the respondent will be administratively charged, as well as any applicable corrective action.
  9. Institution will inform the complainant and respondent of allegations being investigated, evidence used to determine responsibility of violation of policy, as well as any applicable corrective action.
  10. Institution may use either a single-decision maker or a hearing process to determine responsibility of violation of policy.
  1. Depending on when reported (immediate vs delayed report), institution will provide complainant with access to medical care.
  2. If applicable, institution will provide written information to complainant on how to preserve evidence.
  3. Institution will assess immediate safety needs of complainant.
  4. Institution will assist complainant with contacting local police if complainant requests AND provide complainant with contact information for local police department.
  5. Institution will provide complainant with referrals to the Employee Assistance Program for mental health providers.
  6. Institution will assess need to implement interim or long-term protective measures, such as workplace changes.
  7. Institution will provide written or verbal instructions on how to obtain a protective or restraining order.
  8. Institution will provide a copy of the Policy Against Unlawful Harassment, Discrimination and Retaliation to the complainant and the respondent, and inform them regarding timeframes.
  9. Institution will inform the complainant and respondent of the outcome of the investigation.
  10. Institution will protect the complainant from retaliation and take immediate and separate action against parties that retaliate against a person for complaining of sex-based discrimination or for assisting in the investigation.
Preponderance of the evidence standard

Resolution of Violations for Students

Whether or not criminal charges are filed, the University or a community member may file a complaint under the Sexual Misconduct Policy alleging that a student violated this policy.

Title IX states that if an institution knows or reasonably should know of sexual harassment, to include sexual violence, the institution has a duty to investigate. Consequently, whether or not disciplinary action is brought against an accused party will not be determined by the cooperation of the complainant. If an investigation determines that it is more likely than not that the institution’s sexual misconduct policy was violated, then the “University” may assume the role of the complainant.

Reports of all sexual harassment, domestic violence, dating violence, sexual assault, and stalking made to Public Safety will automatically be referred to the Title IX Coordinator for investigation regardless of if the complainant chooses to pursue criminal charges.

The University Title IX process is consistent with the institution’s policy and will include a prompt, fair, and impartial investigation and resolution process transparent to the complainant and the respondent. Usually, the resolution of complaints of sexual misconduct are completed within 60 days of the report, however the proceedings timeframe allows for extensions for good cause with notice to the complainant and the respondent of the delay and the reason for the delay. Proceeding means all activities related to non-criminal resolution of an institutional disciplinary complaint, including but not limited to fact finding investigations, and formal or informal meetings.  Investigators are trained annually on the issues related to sexual harassment, domestic violence, dating violence, sexual assault, and stalking, and taught how to conduct an investigation that protects the safety of the victim and promotes accountability. The Sexual Misconduct Policy provides that:

  1. The complainant and the respondent each have the opportunity to attend an investigative meeting with properly trained investigators that protects the safety of victims and promotes accountability;
  2. The complainant and the respondent will have timely notice for meetings;
  3. The institution will allow for timely access to the complainant, the respondent, and appropriate officials to any information that will be used after the fact-finding investigation but during the determination of outcome;
  4. The institutional Title IX process will not be conducted by officials who have a conflict of interest or bias for or against the complainant or the respondent;
  5. The complainant and the respondent each have the opportunity to be advised by a personal adviser of their choice, at their expense, at any stage of the process and to be accompanied by a personal adviser at any meeting or proceeding. Advisers may only consult and advise their advisee, but not speak for the advisee at any meeting or hearing. If the adviser is an attorney, that person is only permitted to act as an adviser during this process;
  6. A finding in the Title IX process is based on the preponderance of the evidence standard, i.e. “more likely than not to have occurred.” In other words, the process asks: “is it more likely than not that the respondent violated the University’s Sexual Misconduct Policy?”;
  7. The complainant and the respondent each have the right to appeal the outcome of an investigation, or hearing, by submitting an appeal request to the Office of Student Conduct, Rights and Responsibilities within five (5) business days of the date noted on the outcome letter. If the appeal request meets the criteria for the grounds to appeal, the request will be reviewed University Appeals Board (UAB) to grant or deny the request. The appeals process is not a re-hearing - it is a review of the record and process only. The complainant and the respondent will be notified of the decision of the UAB, which may include changes to the original outcome, or referral back to the Title IX Office for further investigation and/or re-hearing. Communication will include any implementation or modification of sanctions to both parties. Compliance with these provisions does not constitute a violation of section 444 of the General Education Provisions Act (20 U.S.C. 1231g), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA).

Sanctions and Protective Measures for Students

In all cases, investigations that result in a finding  that a violation of the Sexual Misconduct Policy occurred will lead to the implementation of sanctions for the respondent. Any student found responsible for violating the Sexual Misconduct policy will be subject to sanction(s) ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous Student Conduct Code violations. Psychological and/or behavioral counseling will be required for any student found responsible for a violation of the Sexual Misconduct policy. The Director of OSCRR or designee reserves the right to broaden or lessen any range of sanctions in the case of serious mitigating circumstances or egregiously offensive behavior.

The University may implement protective measures following the report of domestic violence, dating violence, sexual assault, and/or stalking which may include some or all of the following actions:

  • Referral to counseling and health services
  • Education to the community
  • Altering the housing situation of an accused student (or the alleged victim, if desired)
  • Providing campus escorts
  • Implementing No-Contact Orders between the parties
  • Offering adjustments to academic deadlines, course schedules, etc.
  • Interim suspension during which the student (or organization) may be denied access to University housing and/or the University campus/facilities/classes/events
  • Other action deemed appropriate by the University

The Title IX Coordinator or their designee will determine whether interim interventions and protective measures should be implemented, and, if so, take steps to implement those protective measures as soon as possible. These remedies may be applied to one, both, or multiple parties involved. Applicable law requires that, when taking such steps to separate the complainant and the respondent, the University must minimize the burden of the complainant and thus should not, as a matter of course, remove the complainant from a job, classes or housing while allowing the respondent to remain.

Violations of the Title IX Coordinator’s directives and/or protective measures will constitute violations that may lead to additional disciplinary action. Protective measures imposed may be temporary pending the results of an investigation or may become permanent as determined by the University of San Francisco.

The University will disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as the result of such crime or offense, the next kin of such victim shall be treated as the alleged victim for the purpose of this paragraph.

Resolution of Violations for Employees

Whether or not criminal charges are filed, the University or a community member may file a complaint under the Policy Against Unlawful Harassment, Discrimination and Retaliation and/or the Workplace Violence Prevention Policy alleging that an Employee violated one or both of these policies.

Title IX states that if an institution knows or reasonably should know of sexual harassment, to include sexual violence, the institution has a duty to respond. Consequently, whether or not disciplinary action is brought against an accused party will not be determined by the cooperation of the complainant. If an investigation determines that it is more likely than not that the institution’s Policy Against Unlawful Harassment, Discrimination and Retaliation was violated, then the “University” may assume the role of the complainant.

Reports of all domestic violence, dating violence, sexual assault, and stalking made to Public Safety will automatically be referred to Human Resources or the Title IX Coordinator for investigation regardless of if the complainant chooses to pursue criminal charges.

The University complaint procedure is consistent with the institution’s policy and will include a prompt, fair, and impartial assessment and/or investigation and resolution. Typically, the resolution of complaints of sexual misconduct are completed within 60 days of the report, however the proceedings timeframe allows for extensions for good cause. Investigators are trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking, and taught how to conduct an investigation that protects the safety of the victim and promotes accountability.

The University complaint procedure provides that:

  1. A complainant has various options available to make timely reports that include written, oral and/or electronic reporting options.
  2. The complainant’s report ordinarily includes details of the incident(s), the name(s) of the person(s) alleged to have engaged in the conduct complained of, the names of any witnesses, and all relevant documents.
  3. All reports shall be expeditiously assessed and may need to be internally investigated by the University, or by an external professional retained for the matter.
  4. An investigation may require interviews of students, faculty, staff, administrators, independent contractors, and all other individuals. All University persons have a duty to cooperate with the University in its review and in its further proceedings.
  5. The complainant and the respondent each have the opportunity to attend an assessment or investigative meeting with properly trained investigators that protects the safety of victims and the rights of both parties. The institutional process will not be conducted by officials who have a conflict of interest or bias for or against the complainant or the respondent.
  6. Full and fair investigations will be conducted in accordance with all applicable state and federal law.
  7. Investigators will seek to gather evidence in a manner that is fair, impartial, and thorough.
  8. A written report of the investigation will summarize information relevant to a determination of whether a violation of the policy occurred and/or what, if any, corrective action should be taken by the University.
  9. The University may take immediate action it deems necessary to ensure prompt and effective corrective action.
  10. The University may seek to take corrective action whenever it believes that this is needed for the proper operation of the University. At times, corrective action may include disciplinary action toward the person(s) whose conduct is found to violate this Policy or is otherwise found to be inappropriate.
  11. This determination is based on the preponderance of the evidence standard, i.e. “more likely than not to have occurred.” In other words, the process asks: “is it more likely than not that the respondent violated the University’s Policy Against Unlawful Harassment, Discrimination and Retaliation?”

Corrective/Disciplinary Action and Protective Measures for Employees

The University may implement protective measures following the report of domestic violence, dating violence, sexual assault, and/or stalking which may include some or all of the following actions:

  • Referral to counseling and health services
  • Education to the community
  • Altering the workplace situation of an accused employee (or the alleged victim, if desired)
  • Providing campus escorts
  • Offering adjustments to work deadlines, work stations, etc.
  • Other action deemed appropriate by the University

Human Resources, the Title IX Coordinator, or their designee, will determine whether interim interventions and protective measures should be implemented, and if so, take steps to implement those protective measures as soon as possible.

These remedies may be applied to one, both, or multiple parties involved. Applicable law requires that, when taking such steps to separate the complainant and the respondent, the University must minimize the burden of the complainant and thus should not, as a matter of course, remove the complainant from the job, classes, or housing while allowing the respondent to remain.

Violations of the University’s directives and/or protective measures may lead to additional disciplinary action. Protective measures imposed may be temporary pending the results of the investigation or may become permanent as determined by the University of San Francisco.

Disciplinary action may include, but is not limited to warning, suspension, or termination from employment, warning sanctions, suspension, or expulsion from the University, the University’s residential facilities, or other affiliation with the University. Disciplinary action, including expulsion, and/or any other corrective action shall be implemented in a manner consistent with other University policies and procedures and, if applicable, University collective bargaining agreements, as will rights of grievance and appeal of corrective actions.
The University will disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the report on the results by such institution against an employee who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as the result of such crime or offense, the next kin of such victim shall be treated as the alleged victim for the purpose of this paragraph.

Confidentiality

The University will protect the identity of persons who report having been victims of sexual assault, domestic violence, dating violence, or stalking to the fullest extent of the law and as previously mentioned in this document.

When a victim does not consent to the disclosure of name or other identifiable information to the alleged perpetrator, the University’s ability to respond to the complaint may be limited.

Assistance for Victims: Rights & Options

Regardless of whether a victim elects to pursue a criminal complaint or whether the offense is alleged to have occurred on or off campus, the University will assist victims of sexual assault, domestic violence, dating violence, and stalking and will provide each victim with a written explanation of their rights and options. In California, a victim of domestic violence, dating violence, sexual assault or stalking has the following rights:

Marsy’s Law:
Victim’s Bill of Rights (2009)
California Constitution, Article I, Section 28(b)

In order to preserve and protect a victim’s rights to justice and due process, a victim shall be entitled to the following rights:

  1. To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
  2. To be reasonably protected from the defendant and persons acting on behalf of the defendant
  3. To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
  4. To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
  5. To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
  6. To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
  7. To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.
  8. To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
  9. To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
  10. To provide information to a probation department official conducting a presentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.
  11. To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
  12. To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
  13. To restitution.
    A. It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
    B. Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
    C. All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
  14. To the prompt return of property when no longer needed as evidence.
  15. To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.
  16. To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.
  17. To be informed of the rights enumerated in paragraphs (1) through (16).

Further, University of San Francisco complies with California law in recognizing Protective Orders. Any person who obtains an order of protection from California should provide a copy to Public Safety. A complainant may then meet with Public Safety to develop a Safety Action Plan, which is a plan for Public Safety and the victim to reduce risk of harm while on campus or coming and going from campus. This plan may include, but is not limited to: escorts, special parking arrangements, changing classroom location or allowing a student to complete assignments from home, etc.

The University cannot apply for a legal order of protection, no contact order or restraining order for a victim for the applicable jurisdiction(s). The victim is required to apply directly for these services. Protection from abuse orders may be available through the police departments listed below:

Police Department Information

Hilltop Campus

San Francisco Police Department
Park Station
1899 Waller St
San Francisco, CA 94117
(415) 242-3000

Richmond Station
461 6th Ave
San Francisco, CA 94118<
(415) 666-8000

Taraval Station
2345 24th Ave
San Francisco, CA 94116
(415) 759-3100

Downtown Campus

San Francisco Police Department
Southern Station
850 Bryant St
San Francisco, CA 94103
(415) 553-1373

Presidio Location

US Government and National Park Service Police
1217 Ralston Ave
San Francisco, CA 94129
(415) 561-5505

Orange County Campus

Orange Police Department
1107 N. Batavia St
Orange, CA 92867<
(714) 744-7444

Pleasanton Campus

Pleasanton Police Department
4833 Bernal Ave
Pleasanton, CA 94566
(925) 931-5100

Sacramento Campus

Sacramento Police Department
5770 Freeport Blvd, Suite 100
Sacramento, CA 95822
(916) 264-5471

San Jose Campus

San Jose Police Department
201 W. Mission St
San Jose, CA 95110
(408) 277-8900

Santa Rosa Location

Santa Rosa Police Department
965 Sonoma Ave
Santa Rosa, CA 95404
(707) 543-3600

To the extent of the victim’s cooperation and consent, University offices will work cooperatively to ensure that the complainant’s health, physical safety, work, and academic status are protected, pending the outcome of a formal University investigation of the complaint. For example, if reasonably available, a complainant may be offered changes to academic, living, or working situations in addition to counseling, health services, visa and immigration assistance and assistance in notifying appropriate local law enforcement. For students, the University may issue an institutional No Contact Order if deemed appropriate or at request of the complainant or respondent. Additionally, personal identifiable information about the complainant will be treated as confidential and only shared with persons with a specific need to know who are investigating/adjudicating the complaint or delivering resources or support services to the complainant. Further, the institution will maintain as confidential any remedial actions or protective measures provided to the victim to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the remedial actions or protective measures.

The University does not publish the name of crime victims or keep identifiable information regarding victims in Public Safety’s Daily Crime and Fire Log or online. Students who are victims may request that Directory Information on file be removed from public sources by contacting:

University Registrar Office
Lone Mountain 217
(415) 422-7260
https://myusf.usfca.edu/registration/privacy

Resources for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking

On-Campus Resources

Resources Students Employees
Title IX Office UC 5th Floor
(415) 422-4563
UC 5th Floor
(415) 422-4563
Health Health Promotion Services
(415) 422-5797
N/A
Mental Health Counseling and Psychological Services
(415) 422-6352
N/A
Victim Advocacy Dean of Students
(415) 422-5330
N/A
Visa and Immigration Assistance International Student and Scholar Services
(415) 422-2654
Human Resources
(415) 422-6707
Other Services

Department of Public Safety
(415) 422-4201

Gender and Sexuality Center
(415) 422-4431

Department of Public Safety
(415) 422-4201

Human Resources
(415) 422-6707

Off Campus Resources

Resources Students Employees
Health

Dignity Health Medical Group Clinic
St. Mary’s Medical Center
(415) 750-5995

Dignity Health Medical Group Clinic
St. Francis Medical Center
(415) 292-3700

San Francisco General Hospital
2727 Mariposa St, #100
San Francisco, CA 94110
(415) 437-3011

Concern Employee Assistance Program
(650) 940-7100
(800) 344-4222
www.concern-eap.com
Mental Health

Women Against Rape-Counseling
(415) 647-7273

California Coalition Against Sexual Assault (CALCASA)
1215 K St, Suite 1850
Sacramento, CA 95814
(916) 446-2520
www.calcasa.org

Concern Employee Assistance Program
(650) 940-7100
(800) 344-4222
www.concern-eap.com

Women Against Rape-Counseling
(415) 647-7273

California Coalition Against Sexual Assault (CALCASA)
1215 K St, Suite 1850
Sacramento, CA 95814
(916) 446-2520
www.calcasa.org

Legal Assistance

US Department of Justice, Office of Violence against Women
www.justice.gov/ovw

U.S. Department of Education
Office for Civil Rights
(800) 872-5327
https://www2.ed.gov/about/offices/list/ocr/index.html

Concern Employee Assistance Program
(650) 940-7100
(800) 344-4222
www.concern-eap.com

US Department of Justice
Office of Violence against Women
www.justice.gov/ovw

U.S. Department of Education
Office for Civil Rights
(800) 872-5327
https://www2.ed.gov/about/offices/list/ocr/index.html

Victim Advocacy

Rape, Abuse and Incest National Network
www.rainn.org

Victim Services Division (SF DA’s Office)
850 Bryant St #320    
San Francisco, CA 94103
(415) 553-9044
www.sfvictimservices.org

Rape, Abuse and Incest National Network
www.rainn.org

Victim Services Division (SF DA’s Office)
850 Bryant St #320    
San Francisco, CA 94103
(415) 553-9044
www.sfvictimservices.org

Visa and Immigration Assistance

U.S. Citizenship and Immigration Services
www.uscis.gov

Student and Exchange Visitor Program
www.ice.gov/sevis/

Lawler & Lawler Law Offices
www.aboutvisas.com

U.S. Citizenship and Immigration Services
www.uscis.gov

Student and Exchange Visitor Program
www.ice.gov/sevis/

Lawler & Lawler Law Offices
www.aboutvisas.com

U.S. Department of State
www.state.gov

Risk Reduction

With no intent to victim-blame and recognizing that only rapists are responsible for rape, the following are some strategies to reduce one’s risk of sexual assault or harassment (taken from Rape, Abuse, & Incest National Network, www.rainn.org)

  1. Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation.
  2. Try to avoid isolated areas. It is more difficult to get help if no one is around.
  3. Walk with purpose. Even if you don’t know where you are going, act like you do.
  4. Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be.
  5. Try not to load yourself down with packages or bags as this can make you appear more vulnerable.
  6. Make sure your cell phone is with you and charged and that you have cab money.
  7. Don’t allow yourself to be isolated with someone you don’t trust or someone you don’t know.
  8. Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.
  9. When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find out a way out of a bad situation.
  10. Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.).
  11. Don’t leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one.
  12. Don’t accept drinks from people you don’t know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from the punch bowls or other large, common open containers.
  13. Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately.
  14. If you suspect you or a friend has been drugged, contact a law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others).
  15. If you need to get out of an uncomfortable or scary situation here are some things that you can try:
    1. Remember that being in this situation is not your fault. You did not do anything wrong, it is the person who is making you uncomfortable that is to blame.
    2. Be true to yourself. Don’t feel obligated to do anything you don’t want to do. “I don’t want to” is always a good enough reason. Do what feels right to you and what you are comfortable with.
    3. Have a code word with your friends or family so that if you don’t feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.
    4. Lie. If you don’t want to hurt the person’s feelings it is better to lie and make up a reason for you to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else you need to be, etc.
    5. Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby?
    6. If you and/or the other person have been drinking, you can say that you would rather wait until both of you have your full judgment before doing anything you may regret later.

How to be an Active Bystander

Bystander intervention promotes the idea of bystanders (observers, onlookers) intervening safely and effectively to stop a perilous situation, such as a potential sexual assault. An active bystander is an individual who stands up against offensive language and behaviors that may perpetuate sexual assault, and intervene on the behalf of the victim to eliminate the danger and/or provide needed support.

In our continuous endeavor to foster a safe community for students’ success, the University of San Francisco encourages students to become active, empowered bystanders who can safely intervene if they witness a situation, or a potential situation in which a friend or stranger may experience inappropriate, harmful, and hurtful acts.

Active bystander tips:

  • Promise yourself that you will speak up and/or take action.
  • Attend a bystander intervention training program.
  • Develop strategies to safely and effectively intervene as a bystander when you observe or suspect sexual assault, dating violence, domestic violence, or stalking happening around you.
  • Find allies (others who agree with you) and ask for their support.
  • If the situation is beyond your control call (415) 422-2911 if you are on campus, or 911 if you are off campus.
  • Express discomfort/concern if someone makes sexist comments, homophobic jokes, or catcalls.
  • Confront a friend who is planning to hook up with someone who is passed out.
  • Ensure your friends leave the party with the same people they arrived with.
  • Ask friends or acquaintances if they need to be walked home from a party.                 
  • Express concern if your friend has unexplained bruises that may be signs of abuse in the relationship.
  • Listen, believe, and support someone who discloses a sexual assault, dating violence, domestic violence or experience with stalking or cyber-stalking.
  • Learn and share information about the sexual assault community and campus resources and information with friends.
  • Report the incident with or without names.