StudentRights150A

Sexual Assault Counseling Resources, Academic and Living Changes, and University Disciplinary Procedures

Victims of sexual assault are strongly encouraged to report the incident to the University Police at (765) 285-1111. Ball State police officers are available 24 hours a day, 7 days a week. Off-campus incidents should be reported to either University Police or the Muncie Police Department at (765) 747-4838, or, if the location is outside of Muncie, to the law enforcement agency of the jurisdiction where the assault occurred.

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.

During business hours, persons wishing to report sexual harassment, including sexual misconduct, by a student may also contact Katie Slabaugh, the Assistant to the Vice President for Student Affairs/Deputy Coordinator for Title IX or her designee (Assistant) at (765) 285-1545.

The university encourages persons to report all incidents of sexual misconduct or sexual assault by students to the Ball State Police regardless of where the incident occurred.

Incidents of sexual misconduct involving students that are reported to Ball State Police will also be referred to the Assistant for follow-up and administrative investigation. Similarly, the Assistant or his/her designee will follow-up where appropriate in those instances where the university has a report of an incident of sexual assault or misconduct that has been reported to another law enforcement agency. The administrative investigation conducted by the Assistant to the Vice President for Student Affairs/Deputy Coordinator for Title IX or her designee is separate from any criminal investigation.

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 taking place around campus or in the city of Muncie should be reported to either University Police or the Muncie Police Department at (765) 747-4838. Assaults taking place elsewhere should be reported to the local police in the jurisdiction where the crime occurred; upon request, University Police will assist victims in reporting to the appropriate law enforcement agency. In all cases, emergency assistance can be reached by calling 911.

Additionally, or 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 Assistant to the Vice President for Student Affairs/Deputy Coordinator for Title IX provided the offender is a student. An administrative investigation will be initiated under procedures outlined in the Code of Student Rights and Responsibilities. Students who believe they have experienced sexual harassment, including sexual violence, are encouraged to come forward to receive assistance. But regardless of whether the harassed student files a complaint or otherwise requests assistance, university employees who know about possible harassment must take appropriate steps to report the information to Katie Slabaugh, Assistant to the Vice President for Student Affairs/Deputy Coordinator for Title IX.

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

Whenever the university receives a report of sexual misconduct or sexual assault, complainants who are members of the university community may be referred to an advocate from the Office of Victim Services (OVS—located in Rm. 205 of the Student Health Services Building at 1500 W. Neely Ave. [www.bsu.edu/ovs]) who can serve as a resource person to the complainant to identify, explain and navigate the complainant’s reporting options and the available support services. This can include but is not limited to referrals to counseling, educational support, medical treatment, and information about university processes, criminal processes, and legal assistance. The advocate can also provide assistance in rearranging class schedules, extracurricular activities, and on-campus housing/dining arrangements (for reasons including avoiding contact with the accused student).

The advocate can also assist the complainant with working with appropriate offices to make reasonable accommodations such as but not limited to:

  1. issuing written instructions to the accused student restricting him or her from making contact with the complainant;
  2. temporarily moving the complainant—if living in university housing—to other living arrangements; or
    making alternative instructional arrangements for the accused student.

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 rule 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 complete policy on sexual misconduct can be found at www.bsu.edu/studentrights/sexualmisconduct. 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 not limited to disciplinary probation, suspension, and expulsion (see Ball State Code of Student Rights and Community Standards for complete list of sanction).

Ball State 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 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.