Sexual Assault Response Team (SART)

Scooba Campus

Golden Triangle

Lion Hills

Contact Information:

IV. Victim’s Rights Provisions

It is EMCC’s responsibility to assure students who report an incident of sexual misconduct that:

• Victims will have the opportunity to request prompt proceedings and that a fair and impartial investigation and resolution will occur.
• College officials will treat the incident seriously and that the incident will be investigated and adjudicated by appropriate criminal and/or College officials. Proceedings shall be conducted by officials trained on sexual assault and other intimate partner violence issues. And shall use preponderance of the evidence standard (which is “more likely than not” and the standard used by civil courts in the United States).
• Victims will be treated with dignity, respect, and in a non-judgmental manner.
• College officials will inform victims of their option to notify appropriate law enforcement authorities, including campus police and local police, and offer assistance in notifying proper authorities when an individual discloses an incident of sexual misconduct.
• College personnel will not discourage anyone from reporting, nor encourage them to under-report or report the incident as a lesser crime.
• College personnel will cooperate in obtaining, securing and maintaining evidence (including a medical examination) necessary in legal/criminal proceedings.
• College officials will prohibit retaliation and will not only take steps to prevent retaliation but also take strong responsive action if it occurs. They will also follow up with complaints to determine whether any retaliation or new incidents of harassment have occurred.
• Victims will be provided with written notification of on and off campus available services for mental health, victim advocacy, legal assistance, and other available community resources.
• Victims will honor and can obtain no contact/restraining orders no contact/restraining orders or enforce an order already in existence to prevent unnecessary or unwanted contact or proximity to an alleged perpetrator when reasonably available.
• Victims will be afforded the opportunity to request immediate on-campus housing relocation or other steps to prevent unnecessary or unwanted contact or proximity to an alleged perpetrator when reasonably available.
• Victims are informed that he/she is entitled to be accompanied to any related meeting or proceeding by an advisor of their choice, knowing that the respondent also has the same opportunity to have others present during any proceeding (neither the victim’s advisor nor the advisor for the respondent can speak for or defend either party).
• Victims are informed that he/she is entitled to receive, in writing, of the final results within one business day of such outcome begin reached.

V. Rights of the Person Accused of Sexual Misconduct

The student accused of sexual misconduct (the respondent) may be assured that:

• All sexual misconduct cases will be treated seriously.
• The respondent will be treated with dignity, respect, and in a non-judgmental manner.
• The respondent will be advised of on- and off-campus organizations and services that may be of assistance.
• College personnel will cooperate in investigating the case fully for legal and Student Conduct proceedings.
• The respondent will be informed of available counseling and psychological services.
• Respondents are informed that he/she is entitled to be accompanied to any related meeting or proceeding by an advisor of their choice, knowing that the victim also is provided with the same opportunity to have others present during any proceeding (neither the victim’s advisor nor the advisor for the respondent can speak for or defend either party).
• Respondents are informed that he/she is entitled to receive, in writing, of the final results within one business day of such outcome being reached.

VI. Disciplinary Procedure

It is the victim’s rights to notify law enforcement and to be assisted by College officials in doing so.

Thus, it is the victim’s right to decide whether or not to involve law enforcement. Declining the involvement of law enforcement does not prevent the victim from receiving assistance from the College. A victim also has the right to use the College’s procedures in addition to filing a criminal complaint.

A student charged with sexual misconduct may be prosecuted under the Mississippi Criminal Justice System and disciplined through EMCC Student Conduct and Due Process. Even if the criminal justice authorities choose not to prosecute, the accused may be subject to College disciplinary action.

EMCC Student Conduct and Due Process procedures should be considered distinct and independent of any and all criminal procedures. Student Conduct and Due Process procedure may precede, occur simultaneously, or follow court action. IN the event that the College’s Student Conduct and Due Process procedures follow court action, the court proceedings and/or verdict may be considered in the Student Conduct and Due Process proceeding. Proceedings shall be conducted by officials trained on all forms of sexual misconduct. Moreover, they shall use the preponderance of evidence standard (which is “more likely than not” and the standard used by civil courts in the United States).

When necessary, temporary action may be taken by the College in the form of summarily suspending or summarily restricting the accused, or officially requesting no contact between the complainant and the respondent. Relocation or removal from the residence halls may also occur. Any of these measures may result in the accused student’s restricted access to the College and/or participation in College events, such as attendance at classes and residing on campus.

A. Disciplinary Action:

Any student found by the Dean of Students office to have committed sexual misconduct may be subject to severe disciplinary sanctions, including suspension or dismissal from the College. For information regarding the range of possible sanctions that may be imposed following an institutional disciplinary procedure, please refer to the EMCC Student Code of Conduct found the in the College Catalog and Student Handbook.

The College recognizes that violations of sexual misconduct are not the fault of the individual filing the complaint. The College intends to encourage the report of sexual misconduct and therefore the College generally does not intend to hold complainants accountable for student code of conduct violations that may have occurred along with violations of sexual misconduct. The College administration will use discretion to ensure the rights of the complainant are preserved.

B. Appeals:

In the case the complainant decides to appeal the decision via the College’s Appeal Process, the complainant may request reasonable accommodations be made during the hearing procedures, such as special seating arrangements in the hearing room in order to conduct a fair, orderly hearing.

• He/she has the right to remain present during the entire hearing except during the deliberations.
• He/she has the right not to have his or her sexual history discussed during the hearing.
• He/she has the right to make an “impact statement”.
• He/she has the right to be informed concurrent with notice to the accused (respondent) of the decision of the Dean of Students and/or the Board regarding the alleged sexual assault violation and any sanction(s) imposed. The complainant and the respondent must respect the privacy of all involved.

VII. Safety and Security Information Report

Under the Campus Save Act, an addendum to the Clery Act, EMCC will provide annual statistics on incidents of campus crimes, including incidents of sexual misconduct occurring on campus and reported to campus authorities and/or local police. Additionally, EMCC will comply with all mandatory reporting requirements that include a broader range of sexual misconduct incidents occurring on campus including domestic violence, dating violence, and stalking.

Nothing in this policy should be interpreted as precluding enforcement of the laws and regulation of the United States of America, the State of Mississippi, any locality in the state of Mississippi, or the College’s Student Code of Conduct.