RESPONDING TO
SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC
VIOLENCE, STALKING, AND OTHER FORMS OF
GENDER-BASED AND SEXUAL MISCONDUCT
SAFETY IS EVERYBODY’S BUSINESS
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2013
In February 2013, Congress passed the Violence Against Women Reauthorization Act (VAWA) of 2013.
VAWA amended the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act (the Clery Act). Amendments to the Clery Act call for colleges and universities to provide information,
in writing, to students and employees who report being victims of sexual assault, domestic violence,
dating violence, and stalking. Therefore the University of Alaska Anchorage (UAA) developed this
handout to provide to students and employees who report victimization at one of UAA’s campuses.
This publication provides the following information on gender-based and sexual misconduct:
• UAA’s policy
• Resources, options, and services available to victims
o UAA professional available to provide support
o Medical attention, evidence collection, and local police
o Counseling resources
o Community resources
• UAA terms and examples
• UAA processes to address reports
• State of Alaska legal definitions of terms
Information included in this publication is relevant to all University of Alaska Anchorage campuses.
This report is published by:
Dean of Students Office
University of Alaska Anchorage
3211 Providence Drive, SU 204
Anchorage, Alaska 99508
(907) 786-1214 | [email protected]
Design and layout provided by Student Access, Advising & Transition
Cover photograph by Liz Shine
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GENDER-BASED AND SEXUAL MISCONDUCT: INTRODUCTION
Members of the University of Alaska Anchorage (UAA) community and visitors have the right to be free from
all forms of gender and sex-based discrimination, including sexual violence, sexual harassment, domestic
violence, dating violence, and stalking. Gender-based and sexual misconduct is a form of discrimination
because women are more often victims than men. Gender-based and sexual misconduct has a negative
impact on victims and other members of our community. UAA expects all members of the community to
conduct themselves in a manner that does not infringe upon the rights of others. Therefore, UAA has a
zero-tolerance policy for gender-based and sexual misconduct.
UAA prohibits rape, acquaintance rape, sexual assault, sexual harassment, stalking, dating
violence and domestic violence. In the event that a sexual assault, act of stalking, dating violence
or domestic violence does occur, UAA takes the matter very seriously. UAA will take steps to stop the
behavior, prevent its recurrence, and provide remedies for victims. This document will serve as a resource
and guide for victims, individuals who may have victimized others, and any other individuals who may
have knowledge of gender-based and sexual misconduct. Individuals with questions about this policy may
call the Office of Campus Diversity and Compliance at 907-786-4680 or the Dean of Students Office at
907-786-1214.
Note: To comply with federal law, the disclosures below reference legal terms such as “rape,” “sexual
assault,” “stalking,” “domestic violence,” etc. UAA’s disciplinary process does not enforce criminal
law. Thus, institutional policies use terms such as “sexual misconduct,” “non-consensual sexual
intercourse,” “non-consensual sexual contact,” “sexual exploitation,” and “sexual harassment” which
overlap significantly with the legal definitions, but are policy-based rather than criminal in nature.
Additionally, domestic violence, dating violence and stalking can also be violations of the UAA Genderbased and Sexual Misconduct Policy, when motivated in whole or in part by the sex or gender of the
alleged victim. Institutional policy pertaining to gender-based and sexual misconduct can be found
here: www.uaa.alaska.edu/safety/anchorage/sexualoffensespolicy.cfm
GENDER-BASED AND SEXUAL MISCONDUCT: RESOURCES, OPTIONS, AND SERVICES
AVAILABLE TO VICTIMS
If you are sexually assaulted or experience other forms of gender-based misconduct such as stalking,
dating violence, or domestic violence:
1. If you are in danger, call 911 whether you are on or off campus. Go to a safe place and speak with
someone you trust. Tell this person what happened.
2. You are not alone. You have the choice regarding whom you tell about the incident:
• You can speak to individuals who can keep your information confidential. Counseling Resources
on page 5 are confidential. In addition, Community Resources on page 6 are confidential and
can serve as advocates to you.
•You can also report the incident through several options:
o Criminal: UAA Police or local law enforcement (addressed through the criminal process)
o UAA Administrative Processes: Title IX Investigation with referral to Student Conduct or
Human Resources
o Both through Criminal and UAA Administrative Processes
• Additionally, you may explore all options available to you in more detail with individuals found on
page 3. These individuals who can assist you in understanding all services, options, and resources
so you can make an informed decision on how you want to proceed. However, any information
related to a specific incident(s) of gender-based or sexual misconduct that you choose to share with
these individuals is not confidential and must be shared with the Title IX Team.
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3. Seek out a UAA professional for help to explore services, options, and resources available to you1. The
following individuals are not confidential resources and have a duty to notify a limited number
of campus professionals about any information that you choose to share. However, the following
individuals can:
• Help you contact campus and community resources with whom you can speak confidentially. (You
may also seek assistance on your own from confidential resources listed in the Counseling Services
and Community Resources sections.)
• Provide support, resources, and assist you to understand the process of reporting whether or not
you choose to report.
• Issue no-contact directives.
• Assist in any needed advocacy if you wish to obtain protective or restraining orders with
local authorities.
• Help you to notify law enforcement authorities. (Victims are not required to report an incident to law
enforcement, but campus professionals will assist victims who wish to do so.)
• Assist you to change academic, living, transportation, and working situations, if so requested and
if such accommodations are reasonably available, whether or not you choose to report the crime to
campus police or local law enforcement.
UAA PROFESSIONALS AVAILABLE TO PROVIDE SUPPORT
„ Anchorage and Chugiak-Eagle River Campuses
Office of Campus Diversity and Compliance
Marva Watson, Title IX Coordinator
ULB 108 • 907-786-4680
Jerry Trew, Title IX Investigator
ULB 101K • 9 07-786-1535
Dean of Students Office
Stephanie N. Whaley, Title IX Investigator
PSB 119 • 9 07-786-6068
Dr. Dewain L. Lee, Deputy Title IX Coordinator
SU 204 • 907-786-1214
Residence Life Professional Staff (residential students only)
MAC 6-103 • 907-751-7444
„ Kenai Peninsula College - Kenai River Campus
John Pollock, Student Services Director
McLane 139 • 9 07-262-0314
Tammie Willis, Associate Director for Residence Life
Kenai Hall 127 • 907-262-0275
„ Kenai Peninsula College - Kachemak Bay Campus
Kim Frost, Student Enrollment Services Coordinator
Pioneer Hall • 907-235-1658
„ Kodiak College
Alan Fugleberg, Director
BBB 104 • 907-486-1220
„ Matanuska-Susitna College
Sandy Gravley, Director of Student Services
FSM 101 • 907-745-9712
Diane Erickson, Director of Academic Affairs
JKB 131 • 907-746-9324
„ Prince William Sound Community College
Ana Hinkle, Student Services Administrator
Main Campus Building 124F • 907-834-1612
Ryan Belnap, Assistant Director
Main Campus Building 145 • 907-834-1613
Students with disabilities needing accommodations, assistance accessing this process and services can contact Disability Support
Services at 907-786-4530, located in Rasmuson Hall Room 105. Employees with disabilities can contact the Office of Campus Diversity &
Compliance at 907-786-4680, located in Rasmuson Hall Room 108. For students who speak English as a second language (ESL), contact
the Dean of Students Office or Office of Campus Diversity & Compliance to arrange a foreign language interpreter.
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4. For your safety and well-being, immediate medical attention is encouraged. Seek out assistance from
community resources/advocates (see page 6) to ensure your wishes for confidentiality are respected
through this process. The resources listed below can assist you in obtaining a medical examination
at no charge, as well as receiving medications to help prevent sexually transmitted infections and
unintended pregnancy. All of these services are available even if you choose not to report. Further,
being examined as soon as possible, ideally within 96 hours or 4 days, is important in the case of
sexual assault for preserving evidence. To preserve evidence, it is recommended that you do not
bathe, shower, douche, eat, drink, smoke, brush your teeth, urinate, defecate or change clothes
before that exam. Even if you have already taken any of these actions, you are still encouraged to
have prompt medical care. Additionally, you are encouraged to gather bedding, linens or unlaundered
clothing and any other pertinent articles that may be used for evidence. Secure them in a clean paper
bag or clean sheet. In the event that you file a criminal complaint, securing evidence will support your
complaint should you choose to pursue legal action in the future.
MEDICAL ATTENTION, EVIDENCE COLLECTION, AND LOCAL POLICE
„ Anchorage and Chugiak-Eagle River Campuses
Forensic Nursing Services of Providence Medical Center
3200 Providence Drive • 907-212-8544
After hours pager: 907-212-6080 #8546
alaska.providence.org/locations/pamc/Pages/forensicnursing.aspx
University Police Department
Eugene Short Hall 114 • 911 or 907-786-1120
Anchorage Police Department
4501 Elmore Rd, Anchorage • 911 or 907-786-8500
„ Kenai Peninsula College - Kenai River Campus
Central Peninsula Hospital
130 S Willow St, Kenai • 907-714-4536
Soldotna Police Department
177 N. Birch St, Soldotna • 911 or 907-262-9107
Kenai Police Department
107 S Willow St, Kenai • 911 or 907-283-7879
„ Kenai Peninsula College - Kachemak Bay Campus
South Peninsula Hospital
4300 Bartlett St, Homer • Local: 907-235-8101
Homer Police Department
4060 Heath St, Homer • 911 or 907-235-3150
„ Kodiak College
Providence Kodiak Island Medical Center
1915 E. Rezanof Dr, Kodiak • 907-486-3281
Kodiak Police Department
2160 Mill Bay Road, Kodiak • 911 or 907-486-8000
„ Matanuska-Susitna College
Mat-Su Regional Medical Center
2500 Woodworth Loop, Palmer • 907-352-2880
Mat-Su Forensic Nursing
24-Hour: 907-707-3663 • Office: 907-861-6258
Alaska State Troopers
453 S. Valley Way, Palmer • 911 or 907-745-2131
Alaska State Troopers
7316 W. Parks Hwy #822, Wasilla
911 or 907-373-8300
Palmer Police Department
423 S. Valley Way, Palmer • 911 or 907-745-4811
Wasilla Police Department
1800 E. Parks Hwy, Wasilla • 911 or 907-352-5401
„ Prince William Sound Community College, Copper Basin and Cordova Extension Centers
Providence Valdez Medical Center
911 Meals Ave., Valdez • 911 or 907-835-2249
Valdez Police Department
212 Chenega, Valdez • 911 or 907-835-4560
Alaska State Troopers
P.O. Box 26, Glennallen • 911 or 907-822-3263
Cordova Police Department
610 Railroad Ave., Cordova • 911 or 907-424-6100
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5. If you are on the following UAA campuses, confidential counseling services are available:
COUNSELING SERVICES
„ Anchorage and Chugiak-Eagle River Campuses
Student Health and Counseling Center
• counseling services available at no cost
• crisis walk-in services available
• condoms, testing and medications for
sexually-transmitted infections (STIs),
pregnancy testing, and emergency contraception
Hours: Monday to Thursday from 8 am to 7 pm
Friday from 8 am to 5 pm
Rasmuson Hall • 120 907-786-4040
www.uaa.alaska.edu/studenthealth
Student Development Counseling Services
• no cost counseling services for students
PSB 119 • 786-6158 (during business hours)
or West Hall Lobby (residential students only)
(If you are in crisis after business hours, call University
Police at 786-1120 and ask to speak to a counselor)
www.uaa.alaska.edu/deanofstudents/
CounselingSupportServices
Psychological Services Center
Student Services Building (SSB) 255 • 907-786-1795
www.uaa.alaska.edu/psych/affiliates/services.cfm
„ Kenai Peninsula College - Kenai River Campus
The Counseling Center
• no cost counseling services for students
• short term personal counseling, crisis intervention,
and referrals
• crisis walk-in appointments available
Hours: Monday to Friday from 8 am to 5 pm
additional hours available upon request
McLane Hall 139 • 907-262-0383
www.kpc.alaska.edu/KRC/counseling
„ Kenai Peninsula College - Kachemak Bay Campus, Kodiak College, Mat-Su College, and Prince
William Sound Community College
Although these campuses currently do not offer on-campus counseling services, counseling services are
available in your community. See the preceding pages for a list of UAA professionals available to help you
contact these resources. You may also contact the following resources for help locating a counselor in
your community:
Alaska Care Line
1-877-266-4357
www.carelinealaska.com
Alaska 211
dial 211
www.alaska211.org
UAA also provides an employee assistance program to all benefits-eligible faculty and staff and their
dependents, as well as COBRA participants. To access counseling services, employees should call
866-465-3934 and provide company #GC5901Q.
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6. Even after the immediate crisis has passed, consider seeking support from these confidential local
community resources on the following page:
COMMUNITY RESOURCES
„ Anchorage and Chugiak-Eagle River Campuses
STAR (Standing Together Against Rape)2
• crisis intervention, education and advocacy
services to victims of sexual assault and sexual
abuse, and their families and community.
• www.staralaska.com
1057 West Fireweed Land, Suite 230, Anchorage
Crisis Line: 276-7273 or 1-800-478-8999
Local: 907-278-9988
AWAIC (Abused Women’s Aid in Crisis)
• dedicated to domestic violence safe shelter
and intervention
• www.awaic.org
100 West 13th Avenue, Anchorage
Local: 907-279-9581
„ Kenai Peninsula College - Kenai River Campus
The LeeShore Center
• a safe haven for women and children who are
victims of domestic violence/sexual assault
• www.leeshoreak.org
325 S. Spruce Street, Kenai
Crisis Line: 907-283-7257
Local: 907-283-9479
„ Kenai Peninsula College - Kachemak Bay Campus
South Peninsula Haven House
• seeks to protect and support victims and survivors 3776 Lake Street, Homer
of domestic violence and sexual assault
Crisis Line: 235-8943 or 1-800-478-7712
• www.Havenhousealaska.org
Local: 907-235-7712
„ Kodiak Campus
Kodiak/Aleutian Region Women’s Resource and Crisis Center (KWRCC)
• resources and crisis services to the community, as PO Box 2122, Kodiak
well as a shelter for women and their children who Local: 907-486-6171
are victims of domestic violence and sexual assault
Providence Kodiak Island Borough Counseling Center
Local: 481-2400 • Crisis Line: 1-877-266-4357
„ Matanuska-Susitna College
Alaska Family Services (AFS)
• an emergency shelter for women and their children 1825 South Chugach Street, Palmer
escaping abusive situations
Local: 907-746-4080
„ Prince William Sound Community College, Copper Basin and Cordova Extension Centers
Advocates for Victims of Violence
• confidential services to victims and their families
551 Woodside Street, Valdez
Local: 907-835-2999
Cordova Family Resource Center
• safe homes, crisis intervention and transportation
outside of Cordova to a shelter for victims of
domestic violence
705 Second Street
• P.O. Box 863,
Cordova
907-424-5674
Crisis Line: 907-424-HELP (4357) or 1-866-790-4357
While STAR’s headquarters is located in Anchorage, STAR serves all of Alaska.
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GENDER-BASED AND SEXUAL MISCONDUCT: UAA TERMS AND EXAMPLES
Definition of Consent and Terms Related to Consent
The following is UAA’s definition of consent and terms related to consent:
Consent: Consent is clear, knowing and voluntary, and can be withdrawn at any time. Consent
is active, not passive and cannot be given while an individual is incapacitated. Past consent does
not imply future consent. Consent to engage in sexual activity with one person does not imply
consent to engage in sexual activity with another. Silence, or an absence of resistance, cannot be
interpreted as consent. Consent can be given by words or actions, as long as those words or actions
create mutually understandable clear permission regarding willingness to engage in (and the
conditions of) sexual activity.
Incapacitation: Incapacitation is when a person is in a state or condition in which they are unable
to make sound decisions. This can be due to alcohol, drug use or mental disability.
Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual
access. Force also includes threats, intimidation (implied threats) and coercion that overcome
resistance or produce unwilling consent. Force invalidates consent.
Coercion: Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from
seductive behavior based on the type of pressure someone uses to get consent from another.
When someone makes clear to you that they do not want sex, that they want to stop, or that they
do not want to go past a certain point of sexual interaction, continued pressure beyond that point
can be coercive. Coercion invalidates consent.
Examples of Gender-based and Sexual Misconduct
The following are examples of gender-based and sexual misconduct at UAA:
1. Sexual Harassment, defined as including, but is not limited to, unwelcome sexual advances,
requests for sexual favors, or other verbal or physical conduct of a sexual nature where:
a. submission to such conduct is made, either explicitly or implicitly, a term or condition of an
individual’s employment or education; or
b. submission to or rejection of such conduct by an individual is used as the basis for retaliation,
or for other employment or academic decisions affecting that individual; or
c. such conduct has the purpose or necessary effect of unreasonably interfering with an
individual’s work or creating a hostile, intimidating or offensive working, living or learning
environment; and
i. such conduct is known by the offender to be unwelcome, harmful or offensive; or
ii. a person of average sensibilities would clearly understand the behavior or conduct is
unwelcome, harmful or offensive.
2. Non-consensual Sexual Contact, defined as any intentional sexual touching, however slight, with
any object, by one person upon another person, that is without consent and/or by force; or
Sexual Contact: Sexual contact includes intentional contact with the breast(s), buttock(s), groin, or
genitals, or touching another with any of these body parts, or making another touch you or themselves
with or on any of these body parts; or any other intentional bodily contact of a sexual manner.
3. Non-consensual Sexual Intercourse, defined as any sexual intercourse however slight, with any
object, by one person upon another person, that is without consent and/or by force; or
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Sexual Intercourse: Sexual intercourse includes vaginal penetration by a penis, object, tongue or
finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital
contact or genital to mouth contact), no matter how slight the penetration or contact.
4. Sexual Exploitation, defined as occasions when a person takes non-consensual or abusive sexual
advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other
than the one being exploited (and that behavior does not otherwise constitute one of the other sexual
misconduct offenses), including but not limited to:
a. invasion of sexual privacy, such as, prostituting another person, non-consensual video or
audio-taping of sexual activity, going beyond the boundaries of consent (such as letting your
friends hide in the closet to watch you having consensual sex), engaging in voyeurism; or
b. knowingly transmitting an STI or HIV to another student; or
c. exposing one’s genitals for the purposes of sexual gratification;
d. inducing another to expose their genitals;
e. sexually-based stalking and/or bullying may also be forms of sexual exploitation
Additional Examples of Gender-based and Sexual Misconduct
The following behaviors, as defined below, are also violations of UAA’s Gender-based and Sexual Misconduct
policy when the behaviors are sex or gender-based:
1. Harassment: behavior that is severe, pervasive or persistent to a degree that a reasonable person
similarly situated would be prevented from fully accessing an educational benefit. Harassment is also
defined as behavior that limits the ability of university employees to conduct business. This behavior
includes, but is not limited to, verbal abuse, threats, intimidation, and coercion (that is not speech or
conduct otherwise protected by the 1st Amendment). In addition, harassment may be conducted in a
variety of mediums, including, but not limited to, physical, verbal, graphic, written, or electronic.
2. Threats: written or verbal conduct that causes a reasonable expectation of injury to the health or
safety of any person or damage to any property
3. Intimidation: implied threats or acts that cause reasonable fear or harm in another
4. Bullying: repeated, unreasonable actions directed towards an individual (or a group) resulting in
intimidating, degrading, humiliating, or undermining behavior that creates a risk to the health or safety
of individuals;
5. Cyberbullying: repeated, unreasonable actions using electronic communications that are directed
towards an individual (or a group) resulting in intimidating, degrading, humiliating, or undermining
behavior that creates a risk to the health or safety of individuals;
6. Stalking: repetitive and/or menacing pursuit, following, or interference with the peace and/or safety of
an individual(s);
7. Discrimination: being adversely treated or affected, either intentionally or unintentionally, in a manner
that unlawfully differentiates or makes distinctions on the basis of the individual’s legally protected
status or on some basis other than an individual’s qualifications, abilities and performance, as
appropriate. Illegal discrimination against any individual because of race, color, religion, national origin,
age, sex, sexual orientation, veteran status, physical or mental disability, marital status, pregnancy, or
parenthood is prohibited (as further defined in BOR P01.02.020, P04.02.020 and R04.02.020).
8. Hazing: an act(s) considered by a reasonable person to cause physical or psychological harm or
social ostracism to any person within the University community, when related to the admission,
pledging, recruiting, joining, or continuing participation, in any other group-affiliated activity. It is
not a defense that the person, group, or organization against whom the physical abuse was directed
consented to, or acquiesced to, the physical abuse.
9. Relationship Violence: violence or abuse by a person in an intimate relationship to each other. An
intimate relationship is defined as a relationship related to marriage, cohabitation, dating or within a
family and can occur in opposite-sex and same-sex relationships, regardless of whether it is a current
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or past relationship. Examples of relationship violence include but are not limited to:
a. Domestic Violence: a pattern of coercive, controlling behavior in which one intimate partner
uses physical violence, coercion, threats, intimidation, isolation and emotional, sexual,
psychological, digital or economic abuse to control and change the behavior of the
other partner.
b. Dating Violence: short term or long term behaviors used to exert power and control over a
dating partner. Examples of power and control may come in the form of emotional, verbal,
financial, physical, sexual or digital abuse.
The complete Gender-based and Sexual Misconduct policy can be found here:
www.uaa.alaska.edu/safety/anchorage/sexualoffensespolicy.cfm
GENDER-BASED AND SEXUAL MISCONDUCT: UAA PROCESSES TO ADDRESS REPORTS
How to Report
• Any complaints or inquiries regarding gender-based or sexual misconduct of a UAA employee should
be brought to the immediate attention of the Office of Campus Diversity and Compliance at
907-786-4680 or your campus student services office.
• Any complaints or inquiries regarding gender-based or sexual misconduct of a UAA student should
be brought to the immediate attention of the Dean of Students Office at 907-786-1214 or the student
services director at your campus.
• All faculty, directors, deans, chairs, supervisors, and campus security authorities are considered
responsible employees and are required to report specific incidents of gender-based or sexual
misconduct to the Title IX Team. Everyone is encouraged to report instances of gender-based and
sexual misconduct to a member of the Title IX Team immediately and without delay.
UAA’s Title IX Team is composed of the following individuals:
Title IX Team Members
Name
Office Location
Phone
Title IX Coordinator
Marva Watson
ULB 108
907-786-4680
Deputy Title IX Coordinator
Dr. Dewain L. Lee
SU 204
907-786-1214
Title IX Investigator
Jerry Trew
ULB 101K
907-786-1535
Title IX Investigator
Stephanie Whaley
PSB 119
907-786-6086
Compliance Specialist
Mandee Mlcek
ULB 108
907-786-4788
Director of Student Conduct
and Ethical Development
Michael Votava
SU 204
907-786-1214
UAA will investigate such claims promptly and thoroughly. If, for any reason, a student wishes to complain
or inquire regarding gender-based or sexual misconduct, but feels it would not be appropriate to raise
such issues with the Office of Campus Diversity and Compliance, the Dean of Students Office or the
student services director, the student may inquire or complain to a senior administrator3 and such inquiries
or complaints will receive a prompt and thorough investigation.
Interim Protective Measures and Resources
If the victim wishes to access local community agencies and/or law enforcement for support, UAA will
assist the victim in making these contacts. The Title IX Team will offer assistance to victims in the form of
opportunities for academic accommodations, changes in housing for the victim or the responding student,
changes in working situations and other assistance as may be appropriate and available (such as no
A senior administrator refers to a member of the Chancellor’s Cabinet including Vice Chancellors, the Provost, Campus Directors, College
Directors, or the Chancellor.
3
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contact directives, campus escorts, transportation assistance, targeted interventions, etc.). No victim is
required to take advantage of these services and resources, but UAA provides them in the hope of offering
help and support. A summary of rights and options, in the form of this document, is provided to all victims.
The victim will be connected with a counselor on- or off-campus, should he or she wish.
Investigation
Procedurally, when UAA receives a report of sexual assault, stalking, dating violence, domestic violence
and/or other forms of gender-based or sexual misconduct, Title IX Coordinator Marva Watson is notified.
When the victim chooses, or UAA believes it is necessary, the Title IX Coordinator will initiate a prompt, fair
and impartial investigation which may lead to the imposition of sanctions, based upon a preponderance of
evidence (what is more likely than not), upon an accused individual.
Procedures
The Title IX Coordinator is ultimately responsible to assure in all cases that the reported behavior is brought
to an end, UAA acts to reasonably prevent its recurrence and the effects on the victim and the community
are remedied. The Title IX Coordinator is also responsible to assure that training is conducted annually for
all UAA entities responsible for Title IX. Training will focus on domestic violence, dating violence, sexual
assault, stalking, sexual harassment, retaliation and other behaviors that can be forms of sex or gender
discrimination covered by Title IX. Training will help those decision-makers associated with the process to
protect the safety of victims and to promote accountability for those who commit offenses.
The investigation and resolution conducted by UAA are maintained confidentially. Information is shared
internally between administrators who need to know, but a tight circle is kept. Where information must
be shared to permit the investigation to move forward, the complainant (the person bringing forth the
allegations) will be informed. Privacy of the records specific to the investigation is maintained in accordance
with Alaska law and the Federal Family Educational Rights and Privacy Act of 1974 (FERPA) statute. Any
public release of information to comply with the timely warning provisions of the Jeanne Clery Act (Clery
Act) will not release the names of victims or information that could easily lead to a victim’s identification.
In any complaint of sexual assault, stalking, dating violence, domestic violence or other behavior covered
under the federal law, Title IX, the complainant and the respondent (the person whom the allegations are
against) are entitled to the same opportunities for a support person or advisor of their choice throughout
the process, including any meeting, conference, review or other procedural action. Once complete, the
parties will be informed, in writing, of the outcome, including the findings, conclusions, sanctions (if any)
and the rationale for these decisions. Delivery of this outcome will not be delayed to either party, and
should occur as nearly simultaneously as possible, without unnecessarily bringing those in conflict into
close proximity to each other.
If gender-based or sexual misconduct is found, UAA will discipline the offender(s). For offenses including
domestic violence, dating violence and stalking, sexual harassment, non-consensual sexual contact, and
sexual exploitation, sanctions range from warnings up to expulsion or termination of employment. Serious
and violent incidents and acts of non-consensual sexual intercourse (the policy equivalent to the crime of
sexual assault) usually result in expulsion or termination of employment from the University of Alaska.
All parties will be informed of UAA appeal processes, and their rights to exercise a request for appeal.
Should any change in outcome occur prior to finalization, all parties will be timely informed in writing, and
will be notified when the results of the resolution process become final.
Procedures detailing the investigation and resolution processes of gender-based and sexual misconduct
at UAA can be found online here:
Students: www.uaa.alaska.edu/deanofstudents/StudentJudicialServices/code.cfm
Employees: Chapter 04.02 at www.alaska.edu/bor/policy-regulations/
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GENDER-BASED AND SEXUAL MISCONDUCT: STATE OF ALASKA LEGAL DEFINITIONS OF TERMS
Sexual Assault
Many rapes are committed by someone the victim knows, such as a friend or acquaintance. In the State
of Alaska, sexual assault is generally defined as forced sexual penetration without consent. It may also
include situations where the victim is incapable of giving consent due to a disability or intoxication.
Under Alaska state law, sexual penetration and sexual contact of another person without consent is sexual
assault and can occur under a variety of circumstances, including:
• Engaging in sexual penetration with someone without their permission and/or who has told you no;
• Engaging in or attempting sexual penetration or contact with someone without their permission and
they are seriously physically injured as a result;
• Engaging or attempting to engage in sexual activity or contact with someone known to be
mentally incapable;
• Engaging or attempting to engage in sexual activity with someone who is incapacitated, too drunk
or high to remember what happened, too drunk or high to walk, talk, or clearly communicate and to
give consent; or
• Engaging in or attempting to engage in sexual activity or contact with someone who is unaware what
is happening to them.
The complete Alaska Statutes on sexual assault are found in Sections AS11.41.410 - 11.41.470.
Other Sexual Assaults
Other sexual assault crimes include the following:
• Forced Sodomy (anal intercourse)
• Forced Oral copulation (oral-genital contact)
• Forced Rape by an object (penetration by an object, including a finger)
• Sexual battery (the unwanted touching of an intimate part of another person for the purpose of
sexual arousal)
Consent
In the State of Alaska the following terms including “incapacitated,” “mentally incapable,” and “without
consent” are related to sexual assault and defined as:
Incapacitated: means temporarily incapable of appraising the nature of one’s own conduct and physically
unable to express unwillingness to act;
Mentally Incapable: means suffering from a mental disease or defect that renders the person incapable
of understanding the nature or consequences of the person’s conduct, including the potential for harm to
that person;
Without Consent: means that a person
• with or without resisting, is coerced by the use of force against a person or property, or by the
expressed or implied threat of death, imminent physical injury (threat of force), or kidnapping to be
inflicted on anyone; or
• is incapacitated as a result of an act of the defendant.
The complete definitions of the above terms are found in Alaska State Statutes Section AS11.41.470.
Age of Consent: Under Alaska state law, the age of consent is 16 provided the older participant is not in
a position of authority over the younger participant. In addition, depending on the age and relationship of
the participants, teenagers may not be able to provide legal consent. In summary, an individual who agrees
with any of the following statements may not be capable of providing consent, and a crime may
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have occurred:
• I am under 16 years old.
• The other person has authority over me (coach, teacher, boss) and I am not 18.
• I am a teen and there is more than a 4-year age difference between us.
The complete definitions of the above terms are found in Alaska State Statutes Sections AS11.41.434
–11.41.440.
Domestic Violence
Under Alaska State law, it is illegal for another person associated with you to hurt you physically in any
way, to force you to have sex when you don’t want to, to threaten to hurt or kill you or your children, or to
destroy your property. Domestic violence occurs when you are physically, sexually, or emotionally abused
by another person who is associated with you as:
• A spouse or former spouse;
• A person you have dated, or are presently dating;
• A person with whom you have had sex;
• A person who lives, or has previously lived with you, in the same household;
• A parent, stepparent, grandparent, child or grandchild, aunt, uncle, cousin, second cousin or children
of any of these persons.
Under Alaska State law, domestic violence can occur under a variety of circumstances, including a crime
against the person, burglary, criminal trespass, arson or negligent burning, criminal mischief, threat of
harm, violation of a protective order and/or harassment.
*The complete definition of domestic violence is found in Alaska State Statutes Section AS18.66.990.
Dating Violence
Alaska State law does not currently include a definition for dating violence. However, Alaska’s definition of
domestic violence includes individuals who are in current and former dating relationships.
Stalking
Under Alaska law, it is illegal for another person to intentionally act in such a way that recklessly places you
or someone else in fear of death or physical injury to either yourself or a member of your family. Examples
of stalking vary, but stem from “nonconsensual contact” which means that any contact that is initiated or
continued without that person’s consent, after someone has expressed a desire to cease contact, or is
outside of the realms of desired contact. Some examples include:
• following or appearing within the sight of that person;
• approaching or confronting that person in a public place or on private property;
• appearing at the workplace or residence of that person;
• entering onto or remaining on property owned, leased, or occupied by that person;
• contacting that person by telephone;
• sending mail or electronic communications to that person; or
• placing an object on, or delivering an object to, property owned, leased, or occupied by that person.
*The complete definition of stalking is found in Alaska State Statutes sections AS11.40.260 – 11.40.270.
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RISK REDUCTION TIPS
• Silence is not agreement, the only thing that really means yes…is yes. Assume that no one wants
to be intimate with you until they willingly and soberly tell you otherwise.
• Think about your info on social media. Keep it vague so that someone can’t track your every move.
• Wait for people to earn your trust. College can foster a false sense of security. Don't assume
people you don't know well will look out for your best interests.
• If someone expresses they do not want to hear, see or speak to you again, leave the person alone.
• Don't be afraid to hurt someone's feelings. If you find yourself in an unsafe situation, do whatever it
is you need to do to get out of that situation. It’s OK to lie.
• Violence is prohibited. If you feel trapped or angry, seek help. Seek distance until you are more
calm and able to communicate.
• Stick with your friends when you go out. Check in with one another throughout the evening and
leave together. If you get separated, let them know where you are going and who you are with. Use
your cell phone. Make sure it's charged before you leave home and coordinate with a friend if you
need to text him or her for a "friend-assist."
• If you see something, say something! Intervene if you see a situation that seems risky to
someone's safety. By stepping up you can possibly prevent a crime. Also, don't be afraid to call
University Police at 786-1120.
• Be responsible and do not encourage your friends or partners to drink in excess. Do not attempt to
get someone intoxicated for the purposes of sleeping with them. That is called rape.
• Be responsible and know your limits. If you've decided to drink, do so in moderation. Don't leave
a drink unattended. At parties, stick to drinks you opened or prepared yourself, rather than open
sources like punch bowls, kegs, etc.
• Watch out for your friends. If a friend seems way too intoxicated, get him or her to a safe place.
• Be aware of your surroundings. Whether you're walking home from the library or at a party, be
mindful of potential risks. Think of a safe exit strategy. Are there people around who might be able
to help you? Is there an emergency phone nearby?
• You have the right to say "No" even if you:
• First say “Yes,” and then change your mind
• Have had sex with this partner before
• Have been kissing or "making out"
• Are wearing what is perceived to be “provocative” clothing