In the State of Illinois, if a person engages in sexual penetration without consent, by use of physical force, coercion or threat (actual or implied), the act is considered sexual assault. Sexual penetration is defined as "any contact, however slight, between the sex organ of one person and the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person." A person who is asleep, unconscious, mentally incapacitated or physically helpless due to drug or alcohol consumption is considered unable to consent.
The university will not tolerate sexual assault in any form.
Bradley strongly promotes educational programs for the awareness and prevention of sexual assault. However, it recognizes that individuals may become victims of personal violence.
If a student has been sexually assaulted, university personnel are advised to use the following procedures:
- Make sure the victim is in a safe and secure environment.
- Encourage the victim to try to preserve all physical evidence. (This means refraining from washing, using the toilet, or changing clothing.) The victim may or may not choose to press charges, but preserving physical evidence will give the person the option to do so later on.
- Encourage the victim to seek medical treatment.
- Encourage the victim to contact campus police as soon as possible. (Note: Reporting an incident is a separate step from choosing to prosecute. When a report is filed, the victim is not obligated to continue with legal proceedings or university disciplinary action.)
- Encourage the victim to talk with a trained counselor. Telephone numbers are listed in this booklet.
- If a student has been assaulted by another student or group of students, encourage the victim to discuss the matter with the University's Coordinator for the Prevention of Sexual Assault. The student will be made aware of options for pursuing charges against the offender(s) through the criminal courts and the university disciplinary system. At the victim's request, the Coordinator may make special provisions for temporary alternate campus housing during the period of investigation and adjudication. Other special support also can be provided on request. The Coordinator is available in the Residential Life Office, ext. 3218.
A student charged with sexual assault can be prosecuted under Illinois criminal statues. In addition, students can be disciplined under the university code of student conduct, and if found guilty, can face the possibility of suspension or dismissal from the university. Sexual assault is a Class 1 felony crime in the State of Illinois. A convicted offender could face a mandatory 4-15 years of incarceration and be ordered to make restitution. Both the accuser and the accused will be informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offense.
Consult the Bradley Student Handbook or the Director of the Student Judicial System for further details about university disciplinary proceedings.