George Mason University Policies and Statements

Use this menu to read about different GMU Policies and Statements:

George Mason University Sexual Assault Policy
George Mason University Stalking Policy
George Mason University Sexual Harassment Policy & Grievance Procedures George Mason University Dating/Partner Violence Statement of Information

For information about the Judicial process, please visit the Office of Judicial Affairs.

George Mason University Sexual Assault Policy

Effective 1993, Revised 2000, 2003

This policy applies equally to all members of the George Mason University community: students, faculty, administrators, staff, contract employees and visitors.

The university is committed to providing an institutional environment where all persons may pursue their studies, careers, duties, and activities in an atmosphere free of threat of unwelcome and unwanted sexual actions. It strongly condemns sexual offenses, will not tolerate sexual offenders, and supports those who have been victimized.

Sexual assault includes the attempt or act of rape (sexual intercourse without consent or with a child under the age of thirteen, by a stranger, an acquaintance or an intimate), forced sodomy (forced oral or anal sex), or the forced penetration by a foreign object either animate, such as a finger, or inanimate. Non-penetration sexual assault includes the act of touching an unwilling person’s intimate parts such as genitalia, anus, groin, breast, or buttocks, or the clothing covering these parts, or forcing an unwilling person to touch another’s intimate parts.

The above acts constitute sexual assault when they are committed against a person’s will as evidenced by refusal of consent or through the use of force, threat, manipulation, or intimidation, or against a person who, by virtue of mental incapacity or physical helplessness, is unable to give or withhold consent. This includes, but is not limited to, incapacity or helplessness caused by alcohol or other drugs. Intoxication of the assailant shall not diminish the assailant’s responsibility for the sexual assault.

The university will respond promptly, fairly, and decisively to all reports of sexual assault. Members of the university community accused of sexual assault will be subject to university disciplinary procedures when the alleged incident has occurred on campus or when the incident has occurred off campus and materially affects the learning environment or operations of the university.

Sexual assaults are serious violations of the university’s student judicial code, faculty standards and university employee policies. They are crimes under state law and punishable by fines and /or imprisonment. In addition, these actions are subject to civil suit for damages.

George Mason University is compliant with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (The Clery Act) as amended in 1998, which requires all post-secondary institutions to publish and distribute certain information regarding campus crimes, including reports of campus sexual assault, sexual assault policies and security programming to all current students, employees and to any applicant who so requests.

George Mason University shall make 24-hour assistance available to those who have been affected by sexual assault through the Office of Sexual Assault Services.

This sexual assault policy was revised by the George Mason University Sexual Assault Services Campus-Community Coordinating Council and approved through the University review process. For more information on sexual assault or this policy please contact Sexual Assault Services at 703-993-4364.

George Mason University Stalking Policy

Effective 1999, Revised 2004

Stalking is a crime under Virginia state law (18.2-60.3). Incidents of stalking outside the Commonwealth of Virginia may be admissible in court if they are relevant to the case and may be punishable as a misdemeanor or a felony. Stalking behavior is prohibited and will not be toleratedby George Mason University.

George Mason University defines stalking as a series of behaviors that in context intend to place, or have knowledge that the behaviors might place, another person in reasonable fear of her/his safety or mental or physical well-being. Such behaviors* may include, but are not limited to, the following:

Non-consensual (unwanted) communication or contact, including face-to-face, telephone calls, voice messages, electronic mail, instant messaging, written letters, unwanted gifts, etc.
Harassment, either by the individual or through a third party
Use of threatening gestures
Pursuing or following
Surveillance or other types of observation
Use of electronic devices or software to track or obtain private information
Trespassing
Vandalism
Non-consensual (unwanted) touching

*Some behaviors may result in separate criminal charges.

While certain acts can be classified as crimes, others which do not rise to criminal behavior may still be subject to the campus judicial process. The university can take action and has the right to give sanctions to an offender. Incidents occurring on or off campus are subject to University discipline when such actions materially affect the learning environment or operations of the University.

Legal options available to victims of stalking include reporting to the campus or local police, seeking a remedythrough civil proceedings, and/or utilizing the campus judicial process. Additional support is available at George Mason University Sexual Assault Services.

This policy applies equally to all members of the George Mason University community: students, faculty, administrators, staff, contract employees and visitors.

The University is committed to protecting the right of all individuals to pursue their intellectual, vocational, and personal interests without harassment or interference. The University is also committed to providing an environment in which visitors to and members of the campus community are treated with dignity, respect and regard for their welfare and learning needs.

This stalking policy was developed by the George Mason University Sexual Assault Services Campus-Community Coordinating Council. For more information on stalking issues or this policy, please contact Sexual Assault Services at (703) 993-4364.

Sexual Harassment Policy & Grievance Procedures

(Approved: April 20, 2006)

Please follow this link to the George Mason University Sexual Harassment Policy - University Policy Number 1202.

If you wish to file a greivance, please follow this link to the The Office of Equity and Diversity Services (OEDS) Equal Opportunity/Affirmative Action Grievance Procedure. This procedure replaces all previous procedures for investigation of complaints of discrimination and sexual harassment.

George Mason University Statement of Information on Dating/Partner Violence - Effective March 2008

This statement of information applies to all George Mason University students.

George Mason University is committed to providing an institutional environment where all persons may pursue their studies, careers, duties, and activities in an atmosphere free of threat of interpersonal violence. The University will support those who have been victimized by dating/partner violence by providing information and counseling services and depending on the individual case will refer the matter to appropriate office or department to be handled under applicable University policies, regulations or Virginia criminal statutes.

George Mason University Dating/Partner Violence Definition

Dating/partner violence, as defined by George Mason University, is often a pattern of controlling behaviors, but can be a one-time incident, used by an individual to gain and maintain power and control over another individual in the context of a dating/partner or familial relationship. The pattern of controlling behaviors is not caused by a lack of impulse control on the part of the abuser or as a matter of coincidence, but rather is usually an ongoing effort to maintain domination over the victim to ensure submission to the abuser's will. This definition applies to people in heterosexual and same sex relationships (see endnote1).

Other Definitions

Controlling behaviors: may include (but are not limited to) physical and sexual violence (see endnote 2); direct and implied threats of violence; emotional and psychological intimidation; coercion; verbal abuse; isolation; stalking (see endnote 3); spiritual abuse; economic/financial control; ridiculing religious beliefs; invasion of privacy; actual or threatened use of weapons; threats of deportation; blackmail; destruction of property; and/or harm to the victim's family, pets, and significant others.

Dating/Partner: a short or long-term relationship (current or former, including marriage) between persons intended to provide some emotional/romantic and/or physical intimacy.

Familial relationship (as defined in Virginia law section 16.1-228):

The person's spouse, whether or not he or she resides in the same home with the person,
The person's former spouse, whether or not he or she resides in the same home with the person,
The person's parents, stepparents, children, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person,
The person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person,
Any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or
Any individual who cohabits or who, within the previous twelve months, cohabited with the person, and any children of either of them then residing in the same home with the person.

Family Abuse: any act involving violence, force, or threat including, but not limited to, any forceful detention, which results in bodily injury or places one in reasonable apprehension of bodily injury and which is committed by a person against such person's family or household member. (As defined in Virginia law section 16.1-228)

Support Available:

George Mason University will make reasonable efforts to provide support and/or referrals to students involved with dating/partner violence. Since dating/partner violence often occurs in conjunction with sexual violence and/or stalking, George Mason University students experiencing dating/partner violence may seek confidential assistance from George Mason University Sexual Assault Services and/or Counseling and Psychological Services.

Reporting Incidents & Legal Options

Criminal: Certain acts of dating/partner violence are crimes under Virginia law. These acts may be classified as assault and battery against a family or household member under section 18.2-57.2 (see endnote 4) of the Virginia Criminal code. Persons wishing to make an official police report and/or to seek prosecution should contact the appropriate police agency (see endnote 5).

Civil: Victims of dating/partner violence may seek to obtain a protective order at a local magistrate’s office and/or file a civil lawsuit in order to obtain compensation for personal damages. Victims can seek more information about protective orders and civil proceedings by contacting George Mason University Sexual Assault Services.

University Discipline: The University may take action and give sanctions to those accused if the accused is an employee or a student, whether or not the incident rises to a criminal offense under Virginia law. Incidents occurring on or off campus between students and/or employees may be subject to University discipline when such actions materially affect the learning environment of the victim or the operations of the University. Sanctions to the accused may include education, counseling, restrictions, and/or penalties. See Behavioral Expectations 8 of the Student Judicial Code.

For more information about the Office of Judicial Affairs and the Student Judicial Code please call 703-993-2884, go to http://judicialaffairs.gmu.edu, or visit the Office of Judicial Affairs in Student Union Building 1, Room 302. Employees may contact George Mason University Employee Relations at 703-993-2600. To reach the George Mason University Police Department, please call 703-993-2810.

Employee Policies Related to this Issue:

**This statement of information was created by the George Mason University Sexual Assault Services Coordinating Council.

Endnotes

1. Definition modified from the Fairfax County Domestic Violence Prevention, Policy, and Coordinating Council

2. Offenders using sexual violence may be held accountable under the George Mason University Sexual Assault Policy in addition to the George Mason University Statement of information on Dating/Partner Violence

3. Offenders who have been stalking the victim may be held accountable under the George Mason University Stalking Policy in addition to the George Mason University Statement of Information on Dating/Partner Violence.

4. 18.2-57.2 Any person who commits an assault and battery against a family or household member shall be guilty of a Class 1 misdemeanor. If convicted previously of two offenses against a family or household member of assault and battery against a family or household member or other offenses, such person is guilty of a Class 6 felony.

5. George Mason University Police Department handles all reports of incidents that occur on campus. Off-campus incidents must be reported to the police department where the incident occurs.