Reporting Sexual Assault
Victims of sexual assault are strongly encouraged to report the incident to the University Police at (765) 285-1111. Off-campus incidents should be reported to either University Police or the Muncie Police Department at (765) 747-4838. It is important to preserve physical evidence that may be needed for investigation and prosecution: the victim should not change clothes or otherwise cleanse her/himself before going to a hospital. If the victim is reluctant to contact the police initially, she/he should still seek treatment at a hospital to preserve evidence and address any health concerns.
Notifying the Police/Assistance from the University
Students who have been sexually assaulted always have the option of reporting the incident to the police. Ball State University will provide whatever assistance the victim needs in notifying the police. On-campus assaults should be reported to University Police at (765) 285-1111. Off-campus incidents should be reported to either University Police or the Muncie Police Department at (765) 747-4838. In all cases, emergency assistance can be reached by calling 911.
If the victim does not wish to prosecute the offender or report the offense to the police, she/he can still file a report with the Office of Student Rights and Community Standards, provided the offender is a student. A disciplinary review will be initiated under procedures outlined in the Code of Student Rights and Responsibilities.
Ball State University fully supports the Campus Sexual Assault Victim's Bill of Rights which can be found at www.bsu.edu/sa/srcs/sexassault. Included in the Campus Sexual Assault Victim's Bill of Rights are such principles as:
• Every effort will be made to accommodate a victim's preference as to the gender of the reporting officer.
• Every victim will be treated with respect and sensitivity.
• Every case will be taken seriously and thoroughly investigated regardless of the victim's gender or the gender of the assailant.
• The police will assist the victim in obtaining necessary medical attention and counseling, and will continue to assist victims as they proceed through the legal system.
Victim’s Services On-Campus Assistance • Office of Victim Services (765) 285-7844
The Office of Victim Services provides an advocate for 24-hour availability to respond to the hospital or neutral location when requested. The program is designed to assist individuals in the recovery process by providing timely information and confidential support and guidance through the campus judiciary and criminal justice systems.
• Counseling Center (765) 285-1736 or after hours (765) 747-7330
Off-Campus Assistance (24 hour availability)
• Muncie Police Department Victim Advocate Program: (765) 747-4777
• A Better Way (765) 747-9107 (A Better Way is the local domestic violence shelter)
Changing a Victim’s Academic and Living Conditions
Ball State University will make changes in a victim's academic and on-campus living conditions if requested by the victim and when other options are reasonably available.
University Disciplinary Procedures
The student conduct regulations are detailed within the Code of Students Rights and Responsibilities (Code) on-line at www.bsu.edu/studentcode. The Code states the rights and responsibilities of students including procedural rights of students and student organizations and the range of sanctions that can be imposed for violations of the Code.
The policy on sexual misconduct is found in Section V of the
Code of Student Rights and Responsibilities which provides:
5.1.5 Sexual Misconduct: Sexual intercourse or sexual touching, however slight, by one person upon another without effective consent or when it involves compelling a person to submit to such conduct by force, threat of force, use of intoxicants to impair a victim's ability to give consent or otherwise taking advantage of any impairment which might render a person incapable of making a reasonable or rational decision about sexual activity. As defined by the State of Indiana, sexual misconduct also includes any sexual act when the person is not of legal age. See also Sexual Misconduct Policy, Appendix I.
The procedures, policies and sanctions outlined in the
Code of Students Rights and Responsibilities apply to all violations of the Code including sexual misconduct violations.
Decisions are made based on a preponderance of evidence (Decision-making, Section 6.1.4)
As outlined in Section 6.5.6, Procedures for Disciplinary Hearings, the accused student and the accuser are allowed the same opportunities to present evidence and have others present during a disciplinary proceeding. Both accused and accusing student are informed of the outcome of a disciplinary proceeding alleging a sex offense or crime of violence within (5) school days after the conclusion of the hearing. This compliance does not constitute a violation of the Family Educational Rights and Privacy Act.
The university, following a final determination of a disciplinary proceeding against a student for sexual assault, may impose sanctions including but limited to disciplinary probation, suspension, and expulsion (Section 6.6 of the Code).
Upon written request, Ball State will disclose to the alleged victim of a crime of violence or a non-forcible offense, the report on the results of any disciplinary proceeding conducted by the institution against a student who is the alleged perpetrator of such crime. If the alleged victim is deceased as the result of such crime or offense, the next of kin of the alleged victim will be treated as the alleged victim.
Prosecution – Ball State strongly encourages survivors of rape/sexual assault to seek prosecution of the assailant under criminal law as well as filing a complaint under the
Code of Student Rights and Responsibilities.
For further information on the Code of Students Rights and Responsibilities, contact the Office of Student Rights and Community Standards located in the Student Center, room 224; telephone: (765) 285-5036.