Community Standards and the Student Code of Conduct
When a sexual assault victim contacts the Police Department, a representative from the Dean of Students Office will be notified, as will a representative from the Office of Housing and Residence Life, if the student lives in the residence halls.
The investigation may be pursued through the criminal justice system and the Dean of Students Office or only the latter. The determination to file criminal charges will be made during the course of the investigation with opinion from the District Attorney’s office. To report a sexual assault and initiate the University disciplinary process, students can contact the UNC Police Department at 970-351-2245 or the Dean of Students Office at 970-351-2796.
Any student found to have committed or to have attempted to commit sexual misconduct is subject to disciplinary action, as outlined in the Student Code of Conduct.
For the purposes of the Student Code of Conduct, sexual misconduct is defined as:
a. Sexual contact that is without consent by any party. It is the obligation of any person to obtain active consent from the other person prior to sexual contact. Examples of misconduct include, but are not limited to, touching another’s genitals/breasts without consent; having sexual contact with someone whose decision making ability is compromised (e.g. from alcohol or drug usage); or continuing sexual activity after either party has made it clear, either verbally or by conduct, that they do not wish to have physical contact.
b. Obscene or indecent behavior, which includes, but is not limited to, exposure of one's sexual organs or the display of sexual behavior that would reasonably be offensive to others; deliberate observation of others for sexual purposes without their consent; taking or posting of photographs/images of a sexual nature without consent; possession or distribution of illegal pornography; or viewing or posting pornography in public venues.
The disciplinary process, which may take affect if the accused is a student, is outlined in detail in the Student Code of Conduct. Both the complainant (victim) and respondent (accused) in the discipline process have certain rights in cases involving sexual assault, including the right to be accompanied by an advisor at meetings in the Dean of Students Office. Both the complainant and respondent will be informed of the outcome of the hearing and both have the right to appeal the outcome of a hearing. Students found responsible for violating the University’s sexual misconduct policy may be suspended or expelled from the University. They may also face criminal prosecution through the court system.
Student victims have the option to change their academic and/or on-campus living situations after an alleged sexual assault, if such changes are reasonably available.