OZARKA COLLEGE

POLICIES AND PROCEDURES
OZARKA COLLEGE

Sexual Assault, Stalking and Domestic/Dating Violence

Ozarka College is determined to provide a campus atmosphere free of violence and unwanted sexual conduct for all students, faculty, staff, and visitors.  This policy specifically addresses student conduct in cases of domestic and dating violence, sexual assault and stalking.  Portions of this policy and its definitions may parallel published laws, but are in no way intended to substitute or supplant those laws.  As members of the College community, personnel students are expected to comply with and abide by the College policies and guidelines, in addition to federal, state, and local laws.

Domestic and dating violence, sexual assault, and stalking are prohibited and will not be tolerated at Ozarka College.  As provided under Arkansas law, these acts are crimes and are punishable by fines and/or imprisonment; they may also be subject to civil suit for damages.  At Ozarka College, these acts are violations of policy regardless of race, ethnicity or culture, gender, age, sexual orientation, or disability.  The use of alcohol and other drugs in conjunction with an incident of domestic or dating violence, sexual assault, or stalking does not mitigate accountability for the commission of these acts nor diminish the seriousness of the offense.

The College holds violation of Orders of Protection to also be a violation of this policy and will initiate disciplinary action without waiting for a court decision, if College officials conclude that a violation has occurred.

Rape and Sexual Assault are criminal acts in which one person knowingly subjects another person to any sexual contact without consent, including use of force, deception, coercion, or if the person is mentally or physically disabled or incarcerated.  The trauma of rape and sexual assault tends to result from a person having lost control of his/her own body and possibly fearing death or injury.  For legal descriptions, see Arkansas Criminal Code Title 5, Chapter 14, Sub-chapter 1

Stalking is a criminal act in which one person purposely and knowingly causes another person substantial emotional distress or reasonable fear of bodily injury or death by repeatedly following harassing, threatening, or intimidating the victim.  Stalking includes, but is not limited to the following behaviors:
• Repeated following or pursuing;
• Threatening or obscene gestures;
• Non-consensual communication;
• Trespassing;
• Vandalism; and/or
• Non-consensual touching.
Cyberstalking (also known as online harassment or electronic stalking) is offensive, threatening communication through the internet, via e-mail, chat rooms, instant messaging, etc.  For the legal description, see Arkansas Criminal Code 5-71-229

Domestic/Dating Violence is a pattern of behavior in which one partner uses fear and intimidation to establish power and control over a family/household member or intimate partner, often including the threat or use of violence.  This form of violence may include, but is not limited to, actions that cause bodily injury through physical, emotional, psychological, economic, or sexual means; and may cause reasonable fear of harm on the part of the victim/survivor, or threaten children or pets.  Such violence may be done knowingly or negligently on the part of the perpetrator.  Violence in domestic and dating relationships tends to escalate in frequency and intensity over time.  The longer it continues, the greater the risk of the victim being seriously injured or killed.  Domestic/dating violence and abuse occur among all races, ages, classes, and religious groups. For legal descriptions, see Arkansas Criminal Code Title 5, Chapter 26, Sub-chapter 3