Title IX and Sexual Discrimination: Title IX states that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”
Arkansas State University-Newport is committed to providing an educational and work environment, for its students, faculty, and staff, that is free from sexual discrimination including: sexual harassment, sexual assault, and sexual violence. No form of sexual discrimination will be tolerated. All forms of sexual discrimination will be investigated with prompt steps taken to end the misconduct, prevent its recurrence, and address the effects.
The health, safety, and well-being of the public and members of the University community are the primary concern of ASU-Newport. If you or someone you know may be a victim of any form of sexual discrimination, you are strongly encouraged to seek immediate assistance by contacting the Title IX Coordinator at 870-512-7874.
Arkansas State University is committed to creating and maintaining a university community that is free from all forms of sexual harassment. ASUN shall not tolerate harassment in relation to the evaluation of employee or student performance, nor shall the university tolerate such behavior on the context of collegial and/or co-worker interaction. Such conduct is an abuse of authority and position. ASUN maintains as its official policy that sexual harassment of either employees or students will not be tolerated. The university shall act promptly to investigate all allegations of sexual harassment and to effect appropriate remedy when an allegation is determined to be valid.
Sexual harassment is defined as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when:
1. Submission to, or toleration of such conduct on or off campus is made a term or condition of instruction, employment or participation in other university active ties.
2. Submission to, or rejection of such conduct by an individual is used as a basis for evaluation in making employment or academic decisions affecting the individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or employment performance or creating an intimidating, hostile or offensive university environment.
Supervisors and faculty members must recognize that their positions necessarily embody unequal power relationships with their subordinates and students, respectively. Because of the inherent power difference in these relationships, the potential exists for the less powerful to perceive a coercive element in suggestions relative to activities outside those appropriate to the professional relationship. It is the responsibility of supervisors and faculty members to behave in such a manner that their words or actions cannot reasonably be perceived as coercive.
All members of the university community are urged to report incidents of sexual harassment to the Department of Human Resources.
Sanctions for violations against individuals who violate this policy will be subject to a number of sanctions both by the university and by the state criminal justice systems. ASUN reserve the right to discipline students and organizations for sexual harassment and assaults that occur on or off campus.
Sexual Assault Information
Sexual assault, including rape, acquaintance rape, date rape or gang rape is specifically prohibited on the ASUN campus or in connection with any of the programs and activities it sponsors. Students committing sex offenses, whether on or off campus, are subject to University disciplinary action as well as criminal action. Sex offense awareness and prevention programs are presented when requested. Guest speakers may also be brought to the campus for presentations open to the entire campus community. Materials including pamphlets covering sex offense awareness and prevention and similar materials are also available in Student Affairs.
Through these efforts, students are informed of preventive actions which they can take such as the following:
What women can do:
- Think ahead. Know your desires, limits and intentions ahead of time before you meet an acquaintance or go out on a date.
- Communicate your intentions clearly. Inform your date or acquaintance what your intentions and limits are. "No" means no, and "yes" means yes. Be clear, firm and specific. Polite approaches may be misunderstood or ignored.
- Be assertive. Men sometimes interpret passiveness as permission. Be direct and firm with someone who is sexually pressuring you.
- Avoid excessive use of alcohol. Alcohol interferes with judgment and communication. Most incidences of date rape involve the use of alcohol.
- Do not place yourself in vulnerable situations. Walk in well lighted areas and with friends. Keep your room door and windows locked. When dating a person for the first time, double date.
- Trust your intuition. If you sense you are in danger, leave the area or situations immediately
What men can do:
- Respect the wishes of the person. If she says "no", she means no. Do not read other meanings into her answer. Even if she initially gives permission, but then changes her mind, respect her wishes.
- Do not assume previous sex gives permission for future sex. Again, listen to what the person has to say.
- Do not assume women enjoy force or pressure to have sex. Women wish to be treated with care and respect. Force sex is nothing more than a violent and criminal act.
- Do not assume a woman who dresses in revealing clothes and acts provocatively wants to have sex.
- Realize that alcohol and drugs are not an excuse to have sex. You do not have the right to take advantage of a person who is intoxicated or incapable of saying "no."
The Arkansas statute of rape is genderless, which means that both men and women can be rape victims and perpetrators. Sexual assault can occur whenever consent is not freely given by the victim; whenever the victim fears that he or she will be injured if he or she does not submit; whenever the victim is incapable of giving consent or resisting due to alcohol or drugs; and whenever the perpetrator uses physical force, threat, coercion, or intimidation to overpower the victim.
Procedures students should follow if sexually assaulted
The Student Right to Know and Campus Security Act requires that students be provided information concerning campus sexual assault programs and the procedures which should be followed once an offense has occurred. Although it may be difficult, it is always best to report a sexual assault (rape, attempted rape, or acquaintance rape) to a University official or the local law enforcement as quickly as possible. Crimes that occur on-campus will be referred to the ASUN Campus Police for jurisdiction purposes.
ASUN’s Campus Police: (870) 512-7866
Newport Police: (870) 523-2721
Jonesboro Police: (870) 923-2176
Marked Tree Police: (870) 358-2024
The complainant is encouraged to go to a hospital emergency room to receive appropriate medical care and/or evidence collection. These important steps should be taken after a sexual assault:
- Do not shower, bathe, douche, smoke, change clothing, urinate (if possible), brush your teeth or rinse your mouth, change bedding, or disturb the area where the assault occurred (if the assault occurred in your place of residence). Remember, it is important to preserve the evidence.
- Tell someone. Call a friend, counselor, or anyone who can provide you with emotional support.
- Seek medical attention. Go to a doctor or hospital as quickly as possible for evidence to be gathered and to be checked for injury.
- Write down detailed information about the assault – where, when, who, etc. If the assailant is a stranger, try to remember his or her height, hair color, scars, and clothing.
Any of the following campus departments may be contacted for information and assistance:
Campus Police: (870) 512-7866
Student Affairs: (870) 512-7835
Marked Tree Campus (870) 358-8636 or (870) 358-8614
Jonesboro Campus (870) 680-8717
Individuals may also report a sexual assault to any of the local hospitals or obtain assistance from the following community resources that include, but are not limited to:
Harris Hospital, Inc.
Newport, AR 72112
St. Bernard’s Regional Medical Center
224 East Matthews
Jonesboro, AR. 72401
Medical Center of NEA
3024 Stadium Blvd
Jonesboro, AR 72401
University Procedures for Reporting Sexual Assault
Victims of sexual assault are encouraged to report the incident to ASUN officials. ASUN officials are REQUIRED by university regulations to notify the Student Affairs Office of the report. The Student Affairs Office will call the Police. The victim is not required to cooperate nor to report. The police constitute makes decisions about filing charges against the assaulter.
- Individuals filing grievances, under this policy, against a university employee should contact the Office of Human Resources. This grievance process is outlined in the Sexual Harassment policy of the ASU Student Handbook.
- Individuals filing complaints against another student should contact the Office of Student Conduct. This process is also outlined in the Student Handbook.
Individuals requesting a change in their academic situation should contact the academic affairs office. The chief academic officer will accommodate reasonable changes in the alleged victim's academic situation.
Notification to students of on-and-off campus sex offender victim services
Guidance and assistance for reporting the assault may be received from Campus Police or the Office of Student Affairs. If the assault is reported within 72 hours of its occurrence and you cooperate with the police in providing information and evidence, the State of Arkansas pays for the medical examination. Also, if the offense is reported to the police, Victims Compensation can pay for the treatment of other injuries that occurred during the rape. Under any circumstances medical evaluation is important because of the possibilities of Sexually Transmitted Diseases and pregnancy.
The ASUN Student Handbook includes available community resources. Off-campus counselors for mental health or victims of sex offenses can be found in the yellow pages of the telephone book under the heading “Counseling,” “Counseling Centers,” or “Counselors.” The Vice Chancellor of Student Affairs will assist with that process.
Notification that the institution will assist victim with changes in academic and living arrangements if desired and if available
If a student has been the victim of a sexual assault, ASUN will change the victim's academic schedule after the alleged sex offense if those changes are requested by the victim and they are reasonably available. The Vice Chancellor of Student Affairs can provide information about this option and assist you with the process. ASUN does not provide on or off campus housing and does not assist with living arrangements.
Procedures for disciplinary action for alleged sex offenses
The ASUN Student Code of Conduct, found in the Student Handbook contains the procedures for campus disciplinary action. The college will conduct an investigation when a complaint is received. The complainant and the respondent are entitled to the same opportunities to be heard. They may both have others present as representatives and witnesses if a formal hearing is held and both parties are informed of the outcome in accordance with federal laws. A complete explanation of the hearing and appeals process can be found in the course catalog (go to pages 146-147) or in the Student Handbook, page 245, “Student Conduct Systems and Code of Conduct.”
Sanctions that ASUN may impose following a final determination of a sex offense disciplinary proceeding
Possible sanctions imposed for disciplinary purposes against the perpetrators of sexual assault in the event of a finding of ‘in violation’ include a warning, denial of privileges, restriction of activities, dismissal, expulsion, suspension, disciplinary probation, educational sanctions, and counseling. The perpetrator could also be subjected to criminal prosecution in the state courts. Retaliation against a complainant for reporting an offense is not permissible.