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SEXUAL MISCONDUCT POLICY
Sexual Misconduct Policy
The University is a community of
trust whose existence depends on strict adherence to standards of conduct set
by its members. Sexual misconduct is a serious violation of these standards and
will not be tolerated.
The University encourages all
members of the University community to be aware of both the consequences of
sexual misconduct and the options available to both the accuser and the
accused. The University urges the accuser to seek assistance using any
A student charged with sexual
misconduct can be disciplined under the University Student Conduct Process and
may be prosecuted under Pennsylvania criminal statutes. Even if the criminal
justice authorities choose not to prosecute, the campus can pursue disciplinary
action. This disciplinary action could result in dismissal from the University.
RMU defines sexual misconduct as
sexual contact without consent. To constitute lack of consent, the acts must be
committed either by force, intimidation, or through use of the victim's mental
incapacity or physical helplessness. Verbal misconduct may constitute sexual
harassment, which is also prohibited under University regulations and is
specifically addressed in University policies outlined on the RMU web page.
The University has an obligation
to uphold the laws of the state of which it is a part. While activities covered
by the laws of the Commonwealth of Pennsylvania and those covered by the
University's rules may overlap, the Commonwealth’s laws and the University's
rules operate independently and do not substitute for each other. Sexual
misconduct allegations are also subject to guidelines outlined by Title IX of
the Education Amendments Act of 1972.
The University 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 University rules have
been broken. The University will make no attempt to shield members in the
University community from the law, nor would it intervene in legal proceedings
on behalf of a member of the community. Membership in the University community
does not exempt anyone from local, state, or federal laws but rather imposes
the additional obligation to abide by all of the University's regulations.