Sexual Misconduct Policy
This information is from Major Facts, the student handbook. The information printed is as accurate and up-to-date as possible. However, this does not preclude the possibility of changes taking place during the academic year. Any changes will be updated on this website.

Millsaps College is committed to the idea of honor and respect among all individuals. The College is a community of trust whose existence depends upon individual responsibility and respect for the integrity of others. Sexual misconduct is a serious violation of these principles. Millsaps will not tolerate any form of intimidation, coercion, or force.
Millsaps College encourages all members of the College community to be aware of both the consequences of sexual misconduct and the options available to victims. Millsaps urges victims to seek assistance using any appropriate resources.

Sexual misconduct is defined as sexual contact without consent and includes but is not limited to intentional touching without consent, either of the victim or when the victim is forced to touch, directly or through clothing, another person’s genitals, breasts, thighs, or buttocks; rape (sexual intercourse without consent whether by an acquaintance or a stranger); attempted rape, sodomy (oral sex or anal intercourse) without consent; or sexual penetration with an object without consent. To constitute lack of consent, the acts must be committed either by force, intimidation, through use of the victim’s mental incapacity or physical helplessness, or over the objections of the victim.
Verbal misconduct, without accompanying physical contact as described above, may constitute sexual harassment.
The Sexual Misconduct Policy should be reviewed annually.

Procedures

The College encourages anyone who has been sexually assaulted to
• seek medical attention immediately;
• seek counseling and support;
• inform the College of the assault;
• consider pursuing criminal charges.
If you are a victim of sexual assault, you are encouraged to use the resources the College provides. While it is your choice whether or not to pursue College disciplinary procedures, unless you do so, Millsaps cannot take any action to prove that sexual misconduct occurred or to punish the perpetrator.

Assistance for Victims
The College offers you support that is entirely separate from our investigative and disciplinary procedures.

Emotional Support and Medical Attention
If you have been sexually assaulted, the first and most important things you need are emotional support and medical attention. There are two people in the Millsaps community that you can go to for support and for information.

On-campus Support Resources
Dr. Janis Booth, College Counselor 974-1206
Rev. Lisa Garvin, College Chaplain 974-1200
Dr. Booth and Rev. Garvin are charged solely with providing emotional support and information about options; they are not part of Millsaps’ investigative or disciplinary procedures. They are not obligated to report your experience to any other person or agency unless you are in clear and imminent danger.

If you have been sexually assaulted, it is important for you to seek off-campus medical attention immediately for a number of reasons:
(1) Only a hospital can collect certain kinds of material legal evidence that you will need if you decide to file criminal charges. Getting medical attention does not commit you to filing criminal charges, even though when you go to the hospital, the police must file a report. Getting medical attention as soon as possible does leave you the option of pursuing criminal prosecution later.
(2) There is a possibility of contracting a sexually transmitted disease.
(3) If you are a woman, you can become pregnant through a sexual assault.
(4) You may have other injuries or medical complications that require medical attention.

Off Campus Support and Medical Resources/Hospital Emergency Rooms
Rape Crisis Center of Jackson (24-hour hotline) 982-7273
Mississippi Baptist Medical Center 968-1000
University of Mississippi Medical Center 984-1000
St. Dominic Hospital 982-0121
Hinds County Health Department 364-2666
Central Mississippi Medical Center 376-1000

If you are harassed in the aftermath of a sexual assault, you have another resource in the Millsaps Sexual Misconduct Committee. The mediation that this committee can provide will allow you to gain some control over future contacts with the other party without having to go through an investigation and disciplinary hearing.

College Disciplinary Procedures

Any member of the Millsaps community who is charged with sexual misconduct may be prosecuted under Mississippi criminal statutes. Even if the criminal justice authorities choose not to prosecute, the College can pursue disciplinary action. This disciplinary action could range from probation to expulsion from the College. Additionally, the College may elect to suspend the accused during the investigation.

Millsaps has an obligation to uphold the laws of the larger community of which it is a part. While activities covered by state and federal laws and those covered by the College’s rules may overlap, those laws and the College’s rules operate independently and do not substitute for each other. Millsaps College may pursue enforcement of its own rules whether or not legal proceedings are underway or in prospect, and may use information from third party sources, such as law enforcement agencies and the courts, to determine whether College rules have been broken. Millsaps College will make no attempt to shield members in the College community from the law, nor would it intervene in legal proceedings on behalf of a member of the community. Membership in the Millsaps community does not exempt anyone from local, state, or federal laws, but rather imposes the additional obligation to abide by all of Millsaps College’s regulations

Victims are encouraged to inform the College so that immediate action can be taken to protect the victim as well as others in the College community. College disciplinary proceedings do not follow the same rigid procedures as criminal cases and discipline may be imposed upon a finding of a good faith investigation and a reasonable conclusion that a violation of College rules has occurred.

Reports concerning sexual assaults should be made without fear of self-incrimination concerning violations of visitation or alcohol policies. If a student has already been caught violating the visitation or alcohol policy and the violation is connected with a report of sexual misconduct, the visitation or alcohol violation remains a separate issue. If a student reports sexual misconduct and a violation of the visitation or alcohol policy was not already reported, the student cannot self-incriminate.

Any member of the Millsaps community who wishes the College to consider disciplinary action should contact one of the following informed College representatives:
Dean of Students 974-1206
Director of Residence Life 974-1200

After one of these representatives has been contacted, he/she must inform the President of the College that an assault has been alleged and the President will ask that a written complaint be filed. When the President receives the written complaint, she will appoint an investigative committee. This investigative committee is selected from the Sexual Assault Board which is composed of women and men who are members of the faculty and professional administrative staff, all of whom should be trained annually in the issues of sexual assault. The Dean of Students and the Director of Campus Safety will be ex-officio members of the committee.

The accuser as well as the accused will be notified by the committee of the charges and asked to make a statement concerning the events. Each party, the accuser and the accused, may select her/his own liaison who is a member of the Sexual Assault Board but not a member of the investigative committee. Members of this committee will question both the accuser and the accused, individually and at length, about the incident(s). All proceedings of the committee will be held in confidence and the accuser as well as the accused may ask that the committee hear from someone s/he believes possesses pertinent information concerning the case. The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding. After the committee hears from all critical parties, the committee makes a recommendation to the President and she, in consultation with the committee, will render a decision as to whether or not an act of misconduct occurred and what, if any, disciplinary action is to be taken. Then the Dean of Students will contact the accuser and the accused to notify them of the decision as well as of any disciplinary action. After an alleged sexual assault, the students involved may request a change in either or both the academic and living situations, if so requested by the victim and if such changes are reasonably available.

Criminal Investigations and Charges

Anyone who has been raped or sexually assaulted is strongly encouraged to report the crime to the proper local law enforcement authorities. Reporting a crime is a separate step from choosing to prosecute. The case would come under the jurisdiction of the appropriate civil authority, depending on where the crime occurred. (If the assault occurred on the College campus or the alleged assailant is a student or employee of the College, the victim is also encouraged to contact the Office of Campus Safety.)

After the victim files charges, a judge will issue an arrest warrant. The accused may be jailed at that time or released on bond if bail is allowed and made. If the victim is contacted by the accused or feels threatened in any way, s/he should notify Campus Safety and the Jackson Police Department immediately. Bail can be revoked and/or additional charges filed if an accused person takes some action against a person who has filed charges.

A lawyer from the District Attorney’s Office in the county in which the assault occurred will be appointed to handle court proceedings. S/he will keep the victim as informed as possible and work with the person who filed the charges throughout the process. It might also be in the victim’s best interest to seek legal advice from a personal or family attorney.

Filing or not filing criminal charges would not prevent a victim from pursuing civil tort action for injury suffered as a result of a rape or sexual assault.

Informal Resolution

In many cases, the complainant may prefer an informal resolution of the problem. The member of the sexual harassment committee advising the complainant may be able to suggest ways in which the complainant can resolve the situation without recourse to a formal investigation. The advisor will keep a written record of the complaint and of the steps taken to effect resolution.

Formal Complaint

If the complainant feels that informal resolution is not appropriate, s/he may request a formal investigation. At this point, the names of the individuals involved and the specifics of the complaint will be placed before the Sexual Misconduct Committee, which will ask the President of the College to appoint a committee to investigate it. At the discretion of the complainants, the complaint may be brought to the attention of the administrator responsible for the conduct of the person alleged to have committed the offense (the Senior Vice President and Dean of the College in cases involving a faculty member, the Vice President for Student Life when the complaint is against a student, or the Vice President for Business Affairs when it is against an employee of the College other than a faculty member or student) for possible action. The administrator will normally confidentially consult with the Sexual Misconduct Committee. If the complaint is to lead to official action, it must be brought to the attention of the President of the College who will notify the accused and appoint a committee to investigate the allegations. Formal investigation may include interviews with the complainant, the accused, and with other individuals who can provide information as to the facts of the case. The College may elect to suspend the accused during the investigation.

At the conclusion of the formal investigation, the investigating committee will make a written report of its findings and a recommendation for resolution to the President of the College. The President of the College will notify the accused, the complainant, and the Sexual Misconduct Committee of any action taken by the College.

Should either the complainant or the accused be dissatisfied with the outcome of the investigation, they may appeal through the grievance procedure outlined in the Facuty and Staff Handbooks.

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