Sexual Assault

SEXUAL ASSAULT

Sexual assault is any attempted or actual act of nonconsensual sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person’s body or of any other object into the oral, genital or anal openings of another person’s body. This includes forcible or non-forcible sex offenses (rape, fondling, etc).

DATING/INTIMATE PARTNER VIOLENCE

Dating/Relationship Violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim where the existence of such relationship shall be based on a) the length of the relationship, b) the type of the relationship, and c) the frequency of interaction between the persons involved in the relationship. This includes sexual or physical abuse or the threat of such abuse.

STALKING

Stalking is defined as a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.

CONSENT

Consent requires speech or conduct indicating a freely given, un-coerced agreement to engage in sexual contact. Consent may not be inferred from silence or passivity alone and a current or previous relationship is not sufficient to constitute consent. Consent may not be inferred due to the lack of physical resistance. Consent may be withdrawn at any time prior to or during a specific sexual act by either person. Several factors may limit or negate a person’s ability to consent. These include but are not limited to age, impairment due to the influence of alcohol or drugs (illegal or prescription), an intellectual or other disability, a person’s temporary or permanent mental or physical impairment, unconsciousness, fear and/or coercion.

OPTIONS

Medical Care – It is important for victims/survivors to have information about available health care services, including HIV and Sexually Transmitted Infection screenings and preventive measures. They may choose to have an anonymous forensic exam to evaluate possible medical needs after the assault, document injuries and collect evidence.

Criminal Reporting – If the alleged assault is a crime, a report should be made to the Clemson University Police Department or other appropriate law enforcement agency, if the incident occurred off campus. For more information, visit the CUPD website.

Alleged Perpetrator is a Student – Any person who believes he or she has experienced sexual harassment, including sexual assault or other forms of sex-based violence, should contact the Title IX coordinator to inquire about filing a Title IX formal complaint. If the formal complaint is against a student and meets the requirements of Title IX, then the complaint will be referred to OCES, and the matter will proceed according to the Student Code of Conduct’s procedures for Level I Sanctions.

Alleged Perpetrator is an Employee or other Non-Student - Any person who believes he or she has experienced sexual harassment, including sexual assault or other forms of sex-based violence, should contact the Title IX coordinator to inquire about filing a Title IX formal complaint. If the formal complaint is against an employee and meets the requirements of Title IX, then the complaint will be referred to the Office of Human Resources (OHR), and the matter will proceed according to the Employee Title IX Process. Matters not rising to the level of a Title IX Formal Complaint can still be reported to OCES or OHR. If you have questions about whether a behavior is considered a violation, please contact OCES at 864-656-0510 or clemsonoces@clemson.edu.

More information on the Title IX Complaint process can be found on Clemson University's Title IX website.

If you are involved in an emergency or have a concern about criminal conduct, please call 911 immediately.