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U.Va. adopts new sexual assault policy

A newly revised set of polices and procedures for dealing with sexual assault in the University community was announced by Vice President of Student Affairs Patricia Lampkin yesterday.

Additionally, the Sexual Assault Board has adopted a new set of operating principles including the suggestion to form a permanent advisory committee to research the issue of sexual assault within the University.

Among the revisions to the University's procedures for cases of sexual assault, the confidentiality required during the Sexual Assault Board's hearing is more clearly defined, SAB Chair Shamim Sisson said.

"The new procedures spell out more clearly the way in which confidentiality needs to be maintained in the process," Sisson said.

Although the preparation and the process of the sexual assault hearings will remain confidential, the accusing party and the accused party both have a right to a determination letter, which states the SAB's final decision and includes the sanction imposed on any individual found guilty.

"If a student decides to disclose this information, they may do that," Sisson said.

Sisson also said the University recommends that the student discuss disclosing the information provided on the determination letter with legal council before talking about it, in order to avoid allegations of libel.

The revised procedures "are a clear response to the student concern that the required confidentiality may have been overbroad and an abridgement of their rights," Sisson said.

Terms used in the procedures have been redefined, particularly the difference between sexual assault and a slightly lesser offense, sexual misconduct. The delineation of these two offenses may encourage more victims to come forward and seek help, said Claire Kaplan, director of Sexual and Domestic Violence services.

"This will open the door for some people who don't think their situation rises to the severity of sexual assault," Kaplan said.

Under the new policy, the SAB has more clearly defined the term "effective consent." According to the revised definition, the absence of effective consent constitutes sexual assault.

"This policy expects that anyone initiating a sexual encounter will have affirmative consent before moving forward," Sisson said.

The revised policy will make sanctions against convicted sexual assailants more severe, Sisson said.

If an SAB panel finds a student guilty of sexual assault after a hearing, the panel will consider suspension or expulsion and is required to provide a written statement explaining why the panel imposed the sanction it did, Sisson said.

Another revision provides for an investigator, appointed by the vice president of Student Affairs, who will gather information from both parties involved, as well as from potential witnesses before the actual sexual assault hearings begin.

With a more thorough investigation beforehand, the panel will be able to conduct a more efficient and speedy hearing, Sisson said.

A separate document released with the newly-revised procedures contains a set of operating principles, which includes the suggestion to create a permanent sexual assault advisory committee, composed of students, faculty and staff.

The committee will study the overarching concern of sexual assault in the University community and make recommendations to the vice president of Student Affairs and the SAB, Sisson said.

The committee will "think about these things in an ongoing and proactive way rather than being a response mechanism," Sisson said. "It's an avenue through which change can be recommended."

Lampkin has asked the Sexual Assault Leadership Council to recommend student appointees for the committee.

"We are quite pleased that the University has been so receptive to our concerns," SALC Chair Sloane Kuney said.

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