The United States Congress enacted the "Campus Sexual Assault Victims’ Bill of Rights" in 1992 as a part of Public Law: 102-325, section 486 (c). This law requires that all colleges and universities (both public and private) participating in federal student aid programs afford sexual assault victims certain basic rights.
The College is committed to preventing this violence through incorporation of educational programming and the adoption of clear guidelines informing students, faculty, and staff of the College's procedures in handling such cases. Sexual assault crimes are heinous, and these crimes occurring on the College campus will not be tolerated under any circumstances. College community members found guilty of any sexual assault crime will be severely dealt with through the appropriate College office.
The College shall refer to the Louisiana Criminal Law and Procedure Handbook to determine when a sexual assault has occurred.
Victims of on-campus sexual assault are advised to adhere to the following important guidelines:
Preservation of Evidence:
Although adhering to the above guidelines is most difficult under such traumatic conditions, the victim aids law enforcement agencies in the preservation of evidence when following these three recommendations.
The victim may proceed to take action against the accused by:
During College disciplinary proceedings both the victim and the accused are entitled to have an advisor present. Furthermore, both the victim and the accused shall be informed of the outcome of the disciplinary proceedings.
The College has the right to take disciplinary action, independent of the criminal justice system, against any student the College finds guilty of sexual assault. The College has jurisdiction in sexual assault cases occurring on the College campus. The College also may take disciplinary action in off-campus cases involving a BPCC student as defined in Sanctions 4.17-4.20 in the Code of Student Conduct.
Louisiana criminal penalties, which may be invoked against offenders, are listed in the Louisiana Criminal Law and Procedure Handbook.
Campus Security maintains all data on sexual assaults occurring on campus. This data is collected from August 1 through July 31 annually. Members of the College community who would like to obtain this information may contact the Vice Chancellor for Student Services.
All members of the College community are advised to exercise caution while on campus both day and night. Although students, faculty, and staff comprise the majority of people found on the campus, many non-College related individuals visit daily. Consequently, students and employees must use good judgment and make wise decisions in the course of daily activities on the campus. Special precautions are advised in the following situations:
Criminal statute L.S.A.-R.S.14:403 specifies that any person in the Children’s Code who is required to report abuse or neglect, including sexual abuse of a child under age l8, is to report information to authorities when that person has cause to believe a child’s physical or mental health or welfare is endangered. Willful and knowing failure to report can result in $500.00 fine or imprisonment for six (6) months, or both.
La. Children’s Code Art. 603 defines those persons who must report child abuse as mandatory reporters, which include: any person who provides health care services, e.g., doctors, nurses, technicians; mental health or social services professionals who provide counseling services to a child or his/her family; members of the clergy; teaching or child care providers; law enforcement officers and commercial film processors.
Art. 603 (13) (c) provides an exception to the mandatory reporting requirement for a “Member of the clergy.” He is not required to report a confidential communication, i.e., “one made privately and not intended for further disclosure except to the persons present in furtherance of the communication from a person,” if the member of the clergy, in the course of the discipline or practice of that church, denomination, or organization, is authorized or accustomed to hearing confidential communications, and under the discipline or tenets of the church, denomination, or organization has a duty to keep such communications confidential. In that instance, the member of the clergy shall encourage that person to report the allegations to the appropriate authorities.
Art. 610 is the reporting procedure that requires mandatory reporters to immediately report to local child protection unit of Department of Social Services in cases where the abuser is believed to be a parent, caretaker, a person who maintains an interpersonal dating or engagement relationship with the parent or caretaker, or a person living in the same residence with the parent or caretaker as spouse whether married or not. If such a person or caretaker is not believed to have any responsibility for the abuse or neglect, the report should be immediately made to the appropriate local or state law enforcement agency. Dual reportings shall be permitted.
The initial report may be verbal, and should contain the following information, if known:
If the initial report is verbal, it shall be followed by a written report within five (5) days
to the appropriate agency, i.e., local child protection unit or law enforcement agency.
Article 611 grants immunity from civil or criminal liability to any reporter, for the making of any report in good faith, and without knowledge of the falsity of such information, or reckless disregard for the truth of the report.
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