Sexual Misconduct Policy
Authority: Title IX Coordinator
Date Enacted or Revised: July 22, 2013; Revised October 26, 2015; April 17, 2018; May 15, 2019; August 14, 2020
Members of the McNeese State University (MSU) community, guests, visitors and authorized users of the University’s facilities should be able to enjoy a campus environment free from sexual misconduct. This policy is intended to define community expectations with respect to this right and to establish a mechanism for addressing behavior that violates these expectations. This policy is in compliance with the Board of Regents Uniform Policy on Sexual Misconduct.
All students, faculty, staff, administrators, and contracted personnel will be held accountable for compliance with this policy and any violation of this policy may lead to disciplinary action which may include suspension, expulsion, termination, and/or removal. Every member of the University community is hereby apprised that certain forms of sexual misconduct may subject an individual not only to institutional discipline but also to criminal prosecution or civil liability.
The health, safety, and well‐being of students, employees, and campus visitors are the University’s primary concern. If you or someone you know may be the victim of any form of sexual misconduct, you are strongly urged to seek immediate assistance. Assistance can be obtained 24 hours a day, seven days a week from:
McNeese State University Police
Ext 5711 when calling from a campus landline;
(337) 475-5711 when calling from other landlines or cell phones.
Options for other ways to get assistance are within this policy and on the McNeese website.
COMPLIANCE WITH FEDERAL AND STATE LAWS: The institution’s policy must comply with applicable federal and state laws and regulations, and must be amended to reflect any changes to federal and state laws and regulations including, but not limited to, the following:
Title IX of the Education Amendments of 1972 which (i) prohibits discrimination on the basis of sex in educational institutions and (ii) requires colleges and universities receiving federal funding to combat gender-based violence and harassment, and respond to survivors’ needs in order to ensure that all students have equal access to education; McNeese does not discriminate on the basis of sex in the employment, education programs or activities it operates. Sexual harassment, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX.
For more information visit www.mcneese.edu/titleix.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), which requires (i) policies and procedures for sexual assault and (ii) requires timely warning and external reporting of crimes.
Section 304 of the Violence Against Women Reauthorization Act of 2013 (VAWA), which extends the Clery Act to include dating violence, domestic violence and stalking.
- Dating Violence definition in Clery Act: Violence including, but not limited to, sexual or physical abuse or the threat of such abuse, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship will be determined based on a consideration of the length and type of relationship and the frequency of interaction.
- Dating Violence definition in Louisiana law: “Dating violence” includes, but is not limited to, physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one dating partner against the other. La. RS § 46.2151(C) For purposes of this Section, “dating partner” means any person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship.
- The type of relationship.
- The frequency of interaction between the persons involved in the relationship.
- Domestic Violence definition in Clery Act: Violence, including but not limited to, sexual or physical abuse or the threat of such abuse committed by a current or former spouse or intimate partner or any other person from whom the Complainant is protected under federal or Louisiana law. Felony or misdemeanor crime of violence committed:
- By a current or former spouse or intimate partner of the victim;
- By a person with whom the victim shares a child in common;
- By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
- By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
- Domestic abuse definition in Louisiana law: Includes, but is not limited to, physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one family or household member against another. La. RS 46:2132(3)
- Family violence definition in Louisiana law: Means any assault, battery, or other physical abuse which occurs between family or household members who reside together or who formerly resided together. La. RS § 46.2121.1(2)
- Sexual Assault as defined by the Clery Act: An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program.
- Sexual Assault as defined by Louisiana State Law:
- Non-Consensual Sexual Contact: Any intentional sexual touching, or attempted sexual touching, without Consent.
- Non-Consensual Sexual Intercourse: Having or attempting to have sexual intercourse, cunnilingus, or fellatio without Consent. Sexual intercourse is defined as anal or vaginal penetration by a penis, tongue, finger, or inanimate object.
- Sexually Oriented Criminal Offense: Any sexual assault offense as defined in La. R.S. 44:51 and any sexual abuse offense as defined in R.S. 14:403.
- Sexual Exploitation: An act attempted or committed by a person for sexual gratification, financial gain, or other advancement through the abuse or exploitation of another person’s sexuality. Examples of sexual exploitation include, but are not limited to, non-consensual observation of individuals who are undressed or engaging in sexual acts, non-consensual audio- or videotaping of sexual activity, prostituting another person, allowing others to observe a personal consensual sexual act without the knowledge or consent of all involved parties, and knowingly exposing an individual to a sexually transmitted infection without that individual’s knowledge.
- Stalking as defined by Clery Act: Intentional and repeated following OR harassing that would cause a reasonable person to feel alarmed OR that would cause a reasonable person to suffer emotional distress OR Intentional and repeated uninvited presence at another person’s home, workplace, school, or any other place which Sexual Misconduct would cause a reasonable person to be alarmed OR would cause a reasonable person to suffer emotional distress as a result of verbal or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other statutory criminal act to the victim OR any member of the victim’s family OR any person with whom the victim is acquainted. 34 CFR 668.46(a)(ii).
- Stalking as defined by Louisiana State law: Stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Stalking shall include, but not be limited to, the intentional and repeated uninvited presence of the perpetrator at another person’s home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal, written or behaviorally implied threats of death, bodily injury, sexual assault, kidnaping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted. La. RS § 14:40.2(A) “Harassing” means the repeated pattern of verbal communications or nonverbal behavior without invitation which includes, but is not limited to, making telephone calls, transmitting electronic mail, sending messages via a third party, or sending letters or pictures. “Pattern of conduct” means a series of acts over a period of time, however short, evidencing an intent to inflict a continuity of emotional distress upon the person. Constitutionally protected activity is not included within the meaning of pattern of conduct. La. RS § 14:40.2(C)
Although the following definitions are not defined by state and/or federal law, the definitions shall also be used in institutional policy and in the implementation thereof by all Louisiana public postsecondary education institutions:
- Coercion: The use of express or implied threats, intimidation, or physical force which places an individual in fear of immediate harm or physical injury or causes a person to engage in unwelcome sexual activity. Coercion also includes administering a drug, intoxicant, or similar substance with the intent to impair that person’s ability to Consent prior to engaging in sexual activity.
- Confidential Advisor: The confidential advisor primarily serves to aid a student involved in a sexual misconduct complaint in the resolution process as a confidential resource. As suggested by the term “confidential advisor, confidential communication with the advisor will be kept confidential in all circumstances expect where the institution or advisor may be required to disclose the communication under state law and federal laws. For example, an institution may be compelled by law to disclose communication between the students his/her confidential advisor if directed by the court of civil litigation. The institution shall designate individuals who shall serve as confidential advisors.
- Consent: Consent to engage in sexual activity must exist from beginning to end of each instance of sexual activity. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in a specific sexual activity. Silence alone, without actions evidencing permission, does not demonstrate Consent. Consent must be knowing and voluntary. To give Consent, a person must be of legal age. Assent does not constitute Consent if obtained through coercion or from an individual whom the Alleged Offender knows or reasonably should know is incapacitated. The responsibility of obtaining Consent rests with the person initiating sexual activity. Use of alcohol or drugs does not diminish one’s responsibility to obtain Consent. Consent to engage in sexual activity may be withdrawn by any person at any time. Once withdrawal of Consent has been expressed, the sexual activity must cease. Consent is automatically withdrawn by a person who is no longer capable of giving Consent. A current or previous consensual dating or sexual relationship between the parties does not itself imply Consent or preclude a finding of responsibility.
- Incapacitation: An individual is considered to be Incapacitated if, by reason of mental or physical condition, the individual is manifestly unable to make a knowing and deliberate choice to engage in sexual activity. Being drunk or intoxicated can lead to Incapacitation; however, someone who is drunk or intoxicated is not necessarily Incapacitated, as Incapacitation is a state beyond drunkenness or intoxication. Individuals who are asleep, unresponsive or unconscious are Incapacitated. Other indicators that an individual may be Incapacitated include, but are not limited to, inability to communicate coherently, inability to dress/undress without assistance, inability to walk without assistance, slurred speech, loss of coordination, vomiting, or inability to perform other physical or cognitive tasks without assistance.
- Sexual Harassment: Unwelcome conduct of a sexual nature when i) submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or education; ii) submission to or rejection of such conduct by a person is used as the basis for a decision affecting that person’s employment or education; or iii) such conduct is so severe, pervasive, and objectively offensive that it unreasonably interferes with a person’s employment or education, or creates an intimidating, hostile, or offensive employment or educational environment, and has no legitimate relationship to the subject matter of a course or academic research. Sexual Harassment also includes non-sexual harassment or discrimination of a person because of the person’s sex and/or gender, including harassment based on the person’s nonconformity with gender stereotypes. For purposes of this Policy, the various forms of prohibited Sexual Harassment are referred to as “Sexual Misconduct.”
- Retaliation: Acts or attempted acts for the purpose of interfering with any report, investigation, or proceeding under this Policy, or as retribution or revenge against anyone who has reported Sexual Misconduct or Relationship Violence or who has participated (or is expected to participate) in any manner in an investigation, or proceeding under this Policy. Prohibited retaliatory acts include, but are not limited to, intimidation, threats, coercion, or discrimination. Title IX prohibits Retaliation. For purposes of this Policy, an attempt requires a substantial step towards committing a violation.
- Responsible Employee: The institution must designate and publish the names and contact information for the Title IX Coordinator as well as easily accessible institution employees as Responsible Employees who have the authority to take action to redress sexual violence and have been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee. However, an institutional decision to make all institution employees mandatory reporters of suspected or known sexual harassment or sexual misconduct to the Title IX Coordinator or other appropriate school designee does not render all institutional employees to be Responsible Employees. Employees who are authorized or required by law to keep information confidential by virtue of the employee’s professional role such as Counseling Staff or similar shall not be designated as mandated reporters of sexual harassment or as Responsible Employees.
Procedure for Reporting of Sexual Misconduct Offenses
It is incumbent upon all members of the University community to report instances of sexual misconduct. Any person who receives or becomes aware of a complaint of sexual misconduct should report the complaint to the Title IX Coordinator a Responsible Employee as soon as possible and preferably within two work days. Individuals who have experienced sexual misconduct may report to any of these individuals and/or may file a criminal report with law enforcement or may contact a Confidential Advisor.
McNeese State University allows complainants to file both informal and formal complaints against the respondent. If the complainant chooses to file an informal complaint, the complainant must be notified of the right to end the informal process at any time and the right to pursue a formal complaint and/or take legal action.
McNeese State University will take all reasonable measures to protect the privacy of the complainant and of the respondent, while promptly investigating and responding to the report. All complaints of sexual misconduct, investigation documents, and documents relative to the resolution of the complaint will be maintained in a confidential file in the Office of Inclusive Excellence. McNeese State University is subject to privacy requirements of the Family Educational Rights and Privacy Act (“FERPA”), while considering its responsibility to provide a safe and nondiscriminatory environment for students, including the complainant.
McNeese State University will ensure that this policy and procedures will not infringe upon the freedom of speech rights as affirmed by the First Amendment of the Constitution. Under the university’s amnesty program the following persons reporting to McNeese officials will not be subject to conduct violations of alcohol and/or drug use policies occurring at or near the time of sexual violence, or the seeking of assistance for severe intoxication of alcohol or drugs: a bystander reporting sexual violence in good faith, a victim/survivor reporting sexual violence, a bystander in good faith seeking medical assistance for someone else with significant intoxication of alcohol or other substances, a victim seeking medical assistance for themselves for significant intoxication of alcohol or other substances. All reasonable measures will be used to protect the privacy of the complainant, and of the respondent, while promptly investigating and responding to the report.
In cases where it is determined that sexual misconduct of a violent or criminal nature has been committed, the University may take appropriate action with or without the concurrence of the victim or person bringing the complaint in order to protect the University community. All efforts to protect the confidentiality of a victim of sexual misconduct will be taken.
- Complainant – an individual whose report of sexual misconduct has not yet been investigated and validated.
- Victim – an individual who, after all due investigation and/or adjudication, has been found to be the target of sexual misconduct.
- Respondent – an individual against whom a sexual misconduct complaint is brought, which complaint has not yet been validated through investigation and/or adjudication.
- Perpetrator – an individual found guilty of sexual misconduct.
Information regarding designated trained Confidential Advisors will be posted on the McNeese website. These individuals shall provide the student all information as required by law and the institution’s policies and procedures. The confidential advisor may, as appropriate, serve as a liaison between a complainant and the institution or local law enforcement when directed to do so in writing by an complainant who has been fully and accurately informed about what procedures shall occur if information is shared, and assist an complainant in contacting and reporting to a responsible employee or local law enforcement. McNeese authorizes confidential advisor to liaise with appropriate staff at the institution to arrange supportive measures through the institution to allow the complainant to change living arrangements or class schedules, obtain accessibility services, or arrange other supportive measures. (The same supportive measures that are offered to the complainant may be offered to the accused.) The confidential advisor is authorized to accompany the complainant when requested to do so by the complainant, to interviews and other proceedings of a campus investigation and institutional disciplinary proceedings. The confidential advisor is authorized to advise the complainant of, and provide written information regarding, both the complainant’s rights and the institution’s responsibilities regarding orders of protection, no-contact orders, restraining orders, or similar lawful orders issues by a court of competent jurisdiction or by the institution. The confidential advisor is not be obligated to report crimes to the institution or law enforcement in a way that identifies an complainant or an accused individual, unless otherwise required to do so by law. Any requests for supportive measures shall not trigger an investigation by the institution.
- Complainant will have the opportunity to experience prompt proceedings and that a fair, and impartial investigation and resolution will occur
- University officials will treat the incident seriously and that the incident will be investigated and adjudicated by appropriate criminal and/or University 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).
- Complainant will be treated with dignity, respect, and in a non-judgmental manner.
- University officials will inform Complainant of their option to notify appropriate law enforcement authorities, including on-campus police and local police, and offer assistance in notifying proper authorities when an individual discloses an incident of sexual misconduct.
- University personnel will not discourage anyone from reporting, nor encourage them to under-report or report the incident as a lesser crime.
- University personnel will cooperate in obtaining, securing and maintaining evidence (including a medical examination) necessary in legal/criminal proceedings.
- University 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.
- Complainant 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.
- Complainant will honor and can obtain no contact/restraining orders or enforce an order already in existence to prevent unnecessary or unwanted contact or proximity to a respondent when reasonably available.
- Complainant will be afforded the opportunity to request immediate on-campus housing relocation or other steps to prevent unnecessary or unwanted contact or proximity to a respondent when reasonably available.
- Complainant 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 Complainant are informed that he/she is entitled to receive, in writing, of the final results within ten business days of such outcome being reached.
- University must allow complainants to make the decision regarding whether or not to file a complaint and what type of complaint to file. Complainants may file both informal and formal complaints against the respondent. If the complainant chooses to file an informal complaint, the complaint must be notified of the right to end the informal process at any time and the right to pursue a formal complainant and/or take legal action. The institution may provide an online reporting system to collect anonymous disclosures of crimes and track patterns of crimes on campus. An individual may submit a confidential report about a specific crime to the institution using the online reporting system. If an online reporting system is used, it should include information regarding how to report a crime to a responsible employee and/or law enforcement as well as how to contact a confidential advisor.
- 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.
- University personnel will cooperate in investigating the case fully for legal and Student Conduct & Resolution 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 complainant also is provided with the same opportunity to have others present during any proceeding Respondents are informed that he/she is entitled to receive, in writing, of the final results within ten business days of such outcome being reached.
- Respondents will be informed of McNeese’s obligation to withhold the student’s transcript during the investigation.
Student Transfers During and After Sexually-Oriented Criminal Offense Investigation and Adjudication
If a student accused of a sexually-oriented criminal offense seeks to transfer to another institution during an investigation, McNeese shall withhold the student’s transcript until such investigation or adjudication is complete and a final decision has been made. If a student is found responsible for a sexually-oriented criminal offense upon the completion of such investigation and/or adjudication and subsequently seeks to transfer to another institution, McNeese is required to communicate the fact of the violation with the institution(s) to which the student seeks to transfer or has transferred when McNeese becomes aware of the student’s attempt to transfer.
Complaint Reporting – Informal
Students who believe they are victims of sexual misconduct may have the option of proceeding informally or formally. The student may find informal resolution particularly appropriate if the conduct is isolated and of the following nature: sexual innuendo; display or distribution of drawings, pictures or other materials with a sexual content; sexual or “dirty” jokes; or comments with sexual content. Pictures, drawings, diagrams, or other materials and discussion which are of an academic nature related to the course syllabus and instructional outcomes are, by necessity, excluded from being considered as sexual misconduct. Please note that the formal complaint process is available for sexual harassment or misconduct of any nature, and that these examples are not intended to discourage use of the formal complaint process.
If one chooses to proceed informally, the employee or student should contact the Title IX Coordinator or the appropriate campus Vice President to report the sexual harassment or misconduct and specify that they wish to proceed informally. Resolution at the informal complaint process level can be mediated by the Title IX Coordinator, or Deputy Title IX Coordinator and/or may include an agreement in which one or more of the parties involved agrees to accept discipline in the form of a warning, censure, probation, or other such disciplinary action as may be warranted by the circumstances of each case. Note: Mediation is not considered appropriate for conduct that involves violent or criminal behavior.
To the extent the parties are able to achieve a satisfactory resolution of the complaint through the informal resolution process; the complaint will be considered resolved. The accused and the accuser will receive written notification of the outcome and disposition of the complaint. The fact that a complaint of sexual harassment or misconduct may be concluded at the request of the accusing party does not preclude the filing of a formal complaint by others, including appropriate university officials.
In those cases in which a mutually satisfactory resolution of an informal complaint of sexual harassment or misconduct cannot be achieved, either the Complainant or the Respondent may request in writing to advance the complaint to the formal complaint process. This request should be submitted in writing to the Title IX Coordinator within seven (7) working days of the proposed informal resolution.
Complaint Reporting – Formal
Formal Complaints should be a written statement detailing the allegations on the Title IX Reporting Form, which is submitted online and directed to the Title IX Coordinator.
The Title IX Coordinator and/or the investigator must provide information on the investigation and resolution process outlined in the institutional policy to the complainants and respondents. The process must be fair and timely, regardless of whether it is an informal administrative resolution phase or a formal adjudication, for complainants and respondents.
Disciplinary proceedings shall begin as practicable as possible and shall be conducted by an official trained in issues relating to sexual misconduct. Institutions can conduct Title IX investigations and hearings remotely. In making a determination concerning the alleged sexual misconduct, institutions shall use the preponderance of the evidence standard. Students will have the right to written notice of allegations, the right to an advisor, and the right to submit, cross-examine, and challenge evidence in a live hearing. Both the complainant and respondent are entitled to be accompanied to any meeting or proceeding relating to the allegation of such sexual misconduct by an advisor or support person of their choice, provided the involvement of such advisor or support person does not result in the postponement or delay of such meeting as scheduled, and each shall have the opportunity to present evidence and witnesses on their behalf during any disciplinary proceeding. Both the complainant and respondent are entitled to be informed in writing of the results of any disciplinary proceeding not later than ten (10) business days after the resolution. Sanctions may range from a warning to expulsion, depending upon the behavior and its severity.
Both parties will be given an equal right of appeal to a Title IX proceeding.
Survivors will not have to come face-to-face with the accused during a hearing and from answering questions posed personally by the accused. The institution will provide “rape shield” protections and ensure that survivors are not required to divulge any medical, psychological, or similar privileged records.
The institution must ensure that Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, receive training on the definition of sexual harassment in § 106.30, the scope of the recipient’s education program or activity, how to conduct an investigation and grievance process.
The institution must ensure that decision-makers receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant.
The institution must ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
The institution must ensure that Title IX Coordinators, investigators, decision makers, and any person who facilitates an informal resolution process, receive training on the definition of sexual harassment in § 106.30, the scope of the recipient’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
The institution must ensure adequate trainings on required topics as promulgated by Title IX are made available to the Title IX Coordinators, campus law enforcement officers, security personnel, and officials with authority to institute corrective measures.
Training materials are made available publicly on the institution’s website, or available upon request for inspection by members of the public. For more information, visit www.mcneese.edu/titleix.
Inter-Campus Transfer Policy
The transcript of a student who has been accused of a sexually-oriented criminal offense and withdraws pending disciplinary action shall be withheld until investigation and adjudication of the matter by the institution is completed.
Immediate Actions and Protective Measures
The Title IX Officer, Vice President for Student Affairs, Dean of Student Services, and the Campus Police Department may take immediate interim actions to protect the safety of the university community, to enable students with complaints, witnesses, to continue studies, and to ensure the integrity of an investigation. These actions may include:
- Interim suspension of an accused student or employee
- No-contact orders
- Modifying class or work schedules as necessary
- Making alternate housing or workplace arrangements
- Addressing other academic or workplace concerns
- Involving law enforcement to assist in maintaining order or safety
- Any other appropriate action warranted by the circumstances
Important Resources Numbers:
Crime Victim Resources
The following Offices provide a variety of resources to victims of crime on campus:
|Provost/Vice President for Academic Affairs and Enrollment Management||337-475-5508|
|Vice President for Student Affairs||337-475-5503|
|Dean of Student Services||337-475-5609|
|Title IX Coordinator||337-475-5610|
|Human Resources and Student Employment Director||337-475-5977|
|Office of Inclusive Excellence||337-475-5428|
|Student Housing & Residential Life Director||337-475-5606|
|Counseling Services Director||337-475-5136|
|Student Health Services Director||337-475-5748|
|Associate Athletics Director/Compliance||337-475-5296|
|Associate Athletics Director/Internal Affairs||337-475-5215|
Resources for victims of Domestic Violence, Dating Violence, Sexual Assault & Stalking
ON CAMPUS RESOURCES:
|RESOURCE||ADDRESS/LOCATION ON CAMPUS||PHONE NUMBER|
|Counseling Center||112 Kaufman Hall||337-475-5136|
|Student Health Services||550 E Sale Rd||337-475-5748|
|Student Services||4300 Jefferson Davis Drive
Holbrook Student Union
|Housing and Residence Life||565 Beauregard Drive
Housing Office and Clubhouse
|Kay Dore’ Counseling Clinic||4250 Vernon Drive
Inside Memorial Gymnasium
|University Police||McNeese State University Police 4314 Ryan Street
Lake Charles, LA 70605
|Office of Inclusive Excellence||Burton Business Center, Room #404B.||337-475-5428|
|Title IX Coordinator||4300 Jefferson Davis Drive
Holbrook Student Union Annex Room #102
|Confidential Advisor||Dr. Twila Sterling-Guillory – Associate Professor, College of Nursing & Health Professions
|Confidential Advisor||Dr. Dena Matzenbacher – Professor and Department Head, Psychology
Farrar Hall 153
OFF CAMPUS RESOURCES
|Local Police||Lake Charles Police Department
830 Enterprise Blvd, Lake Charles, LA 70601
Calcasieu Parish Sheriff’s Office
1701 Oak Park Blvd, Lake Charles, LA 70601
Lake Area Medical Center
Christus St. Patrick Hospital
|Counseling and Mental Health||Family and Youth Counseling Agency
220 Louie Street, Lake Charles, LA 70601
|District Attorney Victim Support||Calcasieu Parish District Attorney
Sexual Assault Nurse Examiner (SANE) Program
1020 Ryan Street, Lake Charles, LA 70601
|Rape Crisis Center||OASIS (formerly Calcasieu Women’s Shelter)
601 West 18th Street, Lake Charles, LA 70601
|Calcasieu Women’s Shelter – Rape Crisis Outreach Staff||OASIS (formerly Calcasieu Women’s Shelter)
601 West 18th Street, Lake Charles, LA 70601
|Domestic Violence Intake Center (Protective Orders)||OASIS (formerly Calcasieu Women’s Shelter)
601 West 18th Street, Lake Charles, LA 70601
|Magistrate||1001 Lakeshore Drive, 3rd Flr, Lake Charles, LA 70601||337-721-3100|
|Local County Courthouse||1001 Lakeshore Drive, 3rd Flr, Lake Charles, LA 70601||337-721-3100|
|Victim Advocacy –
Calcasieu Parish District Attorney
|Victim Assistance Unit
1020 Ryan Street, Lake Charles, LA 70601
|Victim Assistance Coordinators:
|Legal Assistance||OASIS (formerly Calcasieu Women’s Shelter)
601 West 18th Street, Lake Charles, LA 70601
|436-4552 for domestic violence
494-7273 for sexual assault.
|National Sexual Assault Hotline||1-800-656-4673|
|National Domestic Violence Hotline||1-800-799-7233|
|Statewide Domestic Violence Hotline||1-888-411-1333|
MANDATORY STATE REQUIREMENTS
- McNeese State University will administer the statewide campus climate survey as per University of Louisiana System Board policy.
- McNeese State University will submit the results of the survey to the BoR by June 15.
- McNeese State University will post the following information on its website:
- The contact information for obtaining a confidential advisor.
- Reporting options for complainants of a sexually-oriented criminal offense
- The process of investigation and disciplinary proceedings of the institution
- The process of the investigation and adjudication of the criminal justice system
- Potential reasonable accommodations that the institution may provide to an complainant
- The telephone number and website address for a local, state, or national hotline providing information to sexual violence victims, which shall be updated on a timely basis.
- The name and location of the nearest medical facility where an individual may have a rape kit administered by an individual trained in sexual assault forensic medical examination and evidence collection, and information on transportation options and available reimbursement for a visit to such facility.
- McNeese State University will establish a task force to address Sexual Misconduct. The Student Government Association will be invited to appoint one female representative and one male student representative to serve on the task force.
- McNeese State University will offer education and prevention programs to students during the first semester of enrollment at that institution and on an ongoing basis throughout their enrollment. The programs cover, at a minimum:
(1) statements that the institution prohibits all forms of sexual misconduct, as defined by this Policy, and the crimes of dating violence, domestic violence, sexual assault, and stalking, as defined by federal law;
(2) the definitions of dating violence, domestic violence, sexual assault, and stalking under state law;
(3) the definition of “Consent,” as provided in this Policy,
(4) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or to intervene when there is a real or perceived risk of sexual misconduct against a person other than the individual;
(5) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks;
(6) information about the procedures that complainants should follow, and that the institution will follow, after an incident of sexual misconduct has occurred; and
(7) any other content or resources that support prevention and reduction of sexual misconduct.
Prevention and Awareness programs:
McNeese State University will annually offer education and prevention programs that include, but are not limited to: (a) awareness programs; (b) bystander intervention programs; (c) ongoing prevention and awareness campaigns; (d) primary prevention programs; and (e) education on risk reduction. The institution must provide and document all training programs.
- Awareness Programs: Awareness programs consist of community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce sexual misconduct.
- Bystander Intervention: Bystander intervention consists of safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. It also includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.
- Ongoing Prevention and Awareness Campaigns: Ongoing prevention and awareness campaigns must consist of programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to, and skills for addressing, dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the institution.
- Prevention Programs: Primary prevention programs must consist of initiatives and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions.
- Risk Reduction: Risk reduction consists of options designed to decrease perpetration and bystander inaction and to increase empowerment for victims to promote safety and to help individuals and communities address conditions that facilitate violence. Additional options may include designation and publication of “red zones” (i.e., times and places of high incidence of crimes, including sexual violence).
Coordination with Local Law Enforcement
McNeese State University Police currently has MOU’s with the Calcasieu Parish Sheriff’s Office, Lake Charles Police, Iowa Police and Ward 3 Marshal’s Office that are in effect for mutual aid, sharing of information, specialized team response to include SWAT, Hostage Negotiation, Crime Scene/Forensics as well as staffing for university events by outside law enforcement agencies.
The MOU contains the following provisions:
1. Delineation and sharing protocols of investigative responsibilities;
2. Protocols for investigations, including standards for notification and communication and measures to promote evidence preservation;
3. Agreed-upon training and requirements for the parties to the MOU on issues related to sexually-oriented criminal offenses for the purpose of sharing information and coordinating training to the extent possible;
4. A method of sharing general information about sexually-oriented criminal offenses occurring within the jurisdiction of the parties to the MOU in order to improve campus safety.
5. Assurances that local peace officers in addition to each full-time college or university police officer complete a sexual assault awareness training program required by state law.
6. Provision for joint or shared trauma-informed training specific to assisting sexual assault victims.
The MOU’s will be reviewed and updated every two years through the office of the University Police Chief.
This policy is distributed via Academic Advisory Council, Senior Staff, and the University Policy page.