FSU SEXUAL BATTERY POLICY

I. Policy Statement

The goals of the Florida State University are to educate members of this
community about sexual battery, to apprehend and sanction perpetrators of sexual
battery, and to provide the best possible support to victims of sexual battery.

Sexual battery is a crime defined in Section 794.011, Florida Statutes, as “the
oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal
or vaginal penetration of another by any other object; however, sexual battery shall not
include acts done for a bona fide medical purpose.”

The provisions of Chapter 794, FS, apply equally to male and female staff,
faculty, and students of the Florida State University, on or off the campus, regardless of
whether the perpetrator and the victim are acquaintances or strangers. Sexual battery
involves a lack of consent by the victim.

Sexual battery committed by a student is also a violation of the FSU Student
Conduct Code (6C2-3.004, Florida Administrative Code).

Educational programs on sexual assault prevention are presented by the FSU
Police Department, the Victim Advocate Program, the Orientation Office, University
Housing, the Student Government Association, and others.

II. Reporting System

All FSU faculty and staff shall report every incident of sexual battery to the FSU
Police (644-1234). It is the responsibility of each faculty and staff member to assist
student victims in reporting incidents to the FSU Police. If the victim chooses not to
provide evidence to the police, faculty and staff must still notify the FSU Police
Department of the happening of the alleged sexual battery without identifying the victim,
as soon as practicable. Both the FSU Police Department and the Victim Advocate
Program will report statistical data on sexual battery and attempted sexual battery to their
respective Vice Presidents, who will then notify the President of the University.

Any individual within the University community who has been sexually battered
on campus or off campus should immediately seek assistance from the FSU Victim
Advocate Office (644-7161 or 644-2277) or other victim services of their choosing. The
Victim Advocate Office will provide confidential crisis intervention and information
regarding the victim’s needs or options. All Services of the Victim Advocate Program
are confidential and a police report does not have to be filed to receive support.

If the victim chooses to prosecute the alleged perpetrator, the FSU Police
Department should be contacted immediately (644-1234). Incidents occurring off campus will be reported to the Law Enforcement Agency with jurisdiction (Tallahassee Police Department or Leon County Sheriff).

Victims are encouraged to seek medical attention and an evidence collection
exam at Tallahassee Memorial Hospital emergency room. Because physical evidence is
extremely important in the prosecution of sexual battery, it is strongly recommended that
victims do not change their clothing or clean their body prior to evidence collection.

III. Services for Victims

The following services are available on campus for student victims of sexual
battery or attempted sexual battery:

•Confidential Victim Advocacy (including crisis intervention, emotional support
and practical assistance and referral), Victim Advocate Program; 4 th Floor,
University Center, 644-7161 and 644-2277; evening and weekends 644-1234
(FSU Police Dept. ask for victim advocate).

•Individual Counseling Student Counseling Center, 2 nd Floor, Student Life
Building, 644-2003.

•Pastoral Counseling contact Victim Advocate Program for comprehensive phone
list.

•Medical Attention (not evidence collection), Thagard Student Health Center, 644-
5255.
The following services are available off campus to all victims of sexual battery
or attempted sexual battery:

•Confidential Victim Advocacy (crisis intervention, emotional support and
practical assistance), Phone Counseling and Referral Hotline, Refuge House/Rape
Crisis Center, 681-2111.

•Phone Counseling and Referral (hotline), Telephone Counseling and Referral
Service (Big Bend 211) dial 211.

•Evidence Collection and Exam, Tallahassee Memorial Hospital, 431-5411.

Whenever feasible, the Florida State University will assist student victims in
rearranging their class schedules and their room assignments if so requested by the
victim.

Other services may be available. Please call the Victim Advocate Program for
additional information.

IV. Enforcement

The FSU Police Department is accorded full law enforcement authority on the
campus and within the City of Tallahassee 500 feet contiguous to the campus. In the
event of a sexual battery or attempted sexual battery on campus, the FSU Police
Department is responsible for investigating the crime and making any subsequent arrests.
In the event of a sexual battery or attempted sexual battery occurring off-campus against
a student, the Law Enforcement Agency (Leon County Sheriff or Tallahassee Police
Department) with jurisdiction is responsible for investigating the crime and making any
subsequent arrests.

Legal penalties for sexual battery will differ, depending on the nature of the
crime, but sentences will be in accordance with Florida law.

University employees found guilty of sexual battery or attempted sexual battery
are subject to institutional disciplinary action, including termination.
The effective date of this policy is January 6, 2004.

T. K. Wetherell, President