With an estimated one in five college women and one in 16 college men likely to experience sexual assault before graduation, university administrators have made extensive efforts to combat sexual misconduct — and to handle cases effectively if they arise.
According to Karen Salvemini, Lehigh’s equal opportunity compliance coordinator, Lehigh is currently in the process of reviewing its sexual misconduct policy. But although its specifics are in flux, the policy’s basic protocol will remain relatively similar.
As outlined in the code of conduct, a key element in the university’s description of sexual misconduct is “consent,” defined as “a mutual agreement to participate in a specific activity at a specific time.”
“Consent to one kind of sexual activity does not, alone, imply consent to other sexual activities,” the code reads. It must also be clearly communicated, mutual, non-coercive and given free of force or the threat of force. Furthermore, a student who is physically or mentally incapacitated by drugs, alcohol and the like is deemed incapable of giving consent.
He or she must additionally be awake and fully conscious and may verbally or nonverbally revoke consent at any time, the code says.
Following a sexual assault or rape at Lehigh, a survivor’s likely first step is to confide in someone they trust — such as a Gryphon, someone who will put them in touch with a Gender Violence Response Advocate, or one of the 12 advocates themselves. Brooke DeSipio, the director of the Office of Gender Violence Education and Support, said advocates will then meet with a survivor to discuss what happened, believe and support them, and share resources and options with them.
DeSipio said advocates are required to report each communicated incident to both DeSipio and Lehigh University Police Chief Ed Shupp using the last four digits of the survivor’s Lehigh identification number.
According to Salvemini, there are various other ways that a report can come in — for instance, through a Gender Violence Reporting Form, a third party, or directly to Assistant Dean of student conduct Chris Mulvihill or Salvemini themselves.
DeSipio said while a survivor may not necessarily want to then pursue an investigation, there may be some cases in which the LUPD, the university or both must take action despite his or her wishes, as indicated by the advocates’ confidentiality statement.
“We always try to give the survivor as much choice as possible,” DeSipio said, “but sometimes, we are unable to if there is a safety risk.”
DeSipio also said there may be some cases where the survivor has the desire to proceed with a legal investigation, but there is not enough evidence to do so based on Clery Act reporting requirements.
If a survivor opts to, and is able to, move forward with a criminal investigation, the ensuing process generally adopts a dual, parallel nature, Shupp said. On one side is the university’s disciplinary process, and on the other is Pennsylvania’s criminal justice process.
According to Mulvihill, a student may choose to pursue one avenue, both or neither. The former two involve administrative and police interviews with the survivor (or complainant), witnesses, bystanders and alleged suspect (or defendant).
“While these conversations can be difficult and uncomfortable, they’re handled with respect and care for the person reporting,” Mulvihill said. “You need to make the person feel safe, and you also want to minimize the amount of times they have to tell the story over and over again.”
If found responsible, the defendant will usually be suspended or expelled, Mulvihill said.
The criminal justice process follows a different trajectory. According to Shupp, if Lehigh’s police department has a reason to believe that a crime occurred and enough evidence to prosecute that crime, it may bring a suspect into custody. A criminal court will then schedule a preliminary hearing and, generally, a trial.
The outcome of such a trial relies on the burden of proof of “beyond a reasonable doubt” — or a judge and jury’s firm conviction of the defendant’s guilt.
This burden of proof is greater than in a disciplinary case, Mulvihill said, because of the correspondingly more severe possible sanction. While a court of law can land a defendant in prison, Lehigh’s student conduct system can only decree that he or she cannot remain at the university.
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