WVU STUDENT HANDBOOK - THE MOUNTIE
Effective January 1983 Revised November 1987

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West Virginia University Policy and Procedures on Sexual Assault

Introductory Note:

West Virginia University is committed to providing its students with a campus environment free of sexual offenses. West Virginia University does not tolerate sexual assault in any form.

Legal Basis:

West Virginia University is required by law to establish a campus sexual assault program to prevent sex offenses and develop procedures to follow when a sex offense occurs. The Higher Education Amendments (HEA) of 1992 impose new requirements for preventing, reporting, and investigating sex offenses that occur on campus. Each institution must use the definitions of a forcible or nonforcible sex offense used in the Federal Bureau of Investigation's Uniform Crime Reporting System, as amended by the Hate Crime Statistic Act.

Sex offenses, forcible, are any sexual acts directed against another person, forcibly and/or against that person's will, or not forcibly against a person's will where the victim is incapable of giving consent (FBI). Sexual offenses, forcible, include sexual assault, acquaintance rape, sodomy, sexual assault with an object, and fondling.

Nonforcible sex offenses include unlawful non-forcible sexual intercourse (FBI). These include incest and statutory rape.

The maximum sanction for having committed forcible or nonforcible sex offenses is expulsion.

What Is Sexual Assault?

Sexual assault is defined as sexual intercourse and/or sexual intrusion with another person without the consent of that person. Lack of consent may result from forcible compulsion or incapacity to consent. The following definition from West Virginia State law has been accepted by West Virginia University: A person is determined incapable of consent when such person is less than 16 years of age; or mentally defective; or mentally incapacitated; or physically helpless. Such sexual offenses may be against the person's will or not against the person's will where the victim is incapable of giving consent.

West Virginia University policy also recognizes that sexual assault may occur against a victim who has willingly taken a controlled or intoxicating substance. If the sexual contact occurs after the victim has become temporarily incapable of appraising or controlling his or her conduct, such contact is sanctionable under the WVU Code of Student Rights and Responsibilities as a sexual offense. Additionally, and separate from the disciplinary action of the university (up to and including a finding of guilt), a perpetrator may be brought to trial under West Virginia state law and subject to action as directed by the court.

WVU Sexual Assault Optional Resources

Medical:

· Ruby Memorial Hospital (304)598-4171 (Within 72 hours of assault, Rape Evidence Collection)

· University Health Service (304)293-6972 (Examination for trauma, STDs, pregnancy)

Report:

· Campus-Department of Public Safety (304)293-3136

· City-Morgantown Police Department (304)284-7522

· County/State-Sheriff's Office (304)291-7260

· Rape and Domestic Violence Information Center (304)292-5100

· University (WVU)-Sexual Assault Education/Prevention Program (304)293-6972

Support Services:

· Rape and Domestic Violence Information Center (304)292-5100 (Hotline 24-hour advocacy)

· University Health Services (304)293-2311 (medical, psychiatric resources)

· Dean of Student Life (304)293-5611

· Monongalia Health Department (304)598-5100 (free, confidential testing for sexually transmitted diseases, including HIV)

· University Advising Center (304)293-5805 (academic advising)

· University (WVU) Sexual Assault/Education Specialist (304)293-1377

· WVU Student Assistance Program (304)293-6972

· WVU Carruth Counseling and Psychological Services Center (304)293-4431

· Residence Life (resource for changes in living arrangements) (304)293-5079

Sexual Assault Procedures:

The following procedures relating to allegations of rape, acquaintance rape, sexual assault, sexual abuse, and all sex offenses, forcible or nonforcible, are adhered to in all West Virginia University judicial hearings as described in the West Virginia University Code of Student Rights and Responsibilities.

If you are accused of a sexual assault/offense or if you are accusing another student of a sexual assault/offense, you should be aware of the following student rights and responsibilities as they relate to hearings conducted by the WVU Committee on Student Rights and Responsibilities:

1. The accuser and the accused are entitled to the same opportunities to have an adviser present during such disciplinary hearing. Advisers may consult with the accused or accuser, whomever they accompany, but may not speak directly without permission of the Chair.

2. Students have the option to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying these authorities, if the student chooses to do so. In cases involving the potential for suspension or expulsion, the accused and the accuser may arrange at their own expense for legal counsel to be present in an advisory capacity at the hearing. Such counsel may consult with the accused or accuser, whomever they accompany, but may not speak directly at the hearing. The WVU Office of Judicial Programs must be notified within 48 hours of the hearing if legal counsel is to be present.

3. Both the accused and the accuser shall be informed of the outcome of such a judicial hearing, including the findings and any sanctions.

Initiating Protocol

A. Immediate Medical Care and Treatment

Any student who feels he/she has been sexually assaulted and requires medical attention is encouraged to contact the SEXUAL ASSAULT EDUCATION/PREVENTION OFFICE at (304)293-6972 OR (304)293-1377.

Department of Public Safety (304)293-3136

Ruby Memorial Hospital (304)598-4171

University Health Services (304)293-2311

Morgantown Police Station (304)284-7522 (off campus)

All conversations and both informal and formal proceedings having to do with a complaint of sexual assault are kept confidential. Campus professionals providing medical and judicial services are sensitive to the importance of confidentiality in these matters.

The sooner a sexual assault is reported, the easier it is to collect valuable evidence and initiate support services for the victim. Within 72 hours of the assault, the medical evaluation and rape evidence exam are available through Ruby Memorial Hospital. Students who choose to have this service can have their billing for this procedure paid for by University Health Service. To facilitate evidence collection the victim:

· should not bathe or douche;

· should not eat or brush their teeth if oral contact has occurred;

· should place soiled clothing in a paper bag (plastic bags destroy crucial evidence) to be taken to the emergency room or police department.

The University Health Service is also available for medical evaluation. Medical attention is crucial for assessing internal injuries, sexually transmitted diseases, and possible pregnancy.

University police may transport the victim to the hospital for medical attention. If the victim does not want to contact the police, a friend or relative may transport the student to the hospital. When the victim arrives at the emergency room, the hospital will offer to call the Rape and Domestic Violence Information Center (304-292-5100) to arrange for a volunteer advocate to accompany the victim throughout the exam if she/he chooses.

If the assault takes place off campus, the Morgantown Police Department (304)284-7522 is available to facilitate this process with the victim.

The victim is strongly urged to seek appropriate medical attention. It is crucial in assessing possible injuries, as well as in collecting medical evidence should the victim choose to prosecute. Police will be contacted by the hospital to take possession of evidence collected while the victim makes a decision whether to pursue charges or not. Follow-up medical services can be arranged through the University Health Service.

B. Reporting

All victims of sexual offense are encouraged to report the incident to the University Sexual Assault Education and Prevention Program at (304)293-6972 or (304)293-1377. Regardless of whether the victim chooses to immediately involve law enforcement officials, the victim is strongly urged to seek medical attention.

A student may also choose to file a report with the Office of Student Life. The student will have the opportunity to discuss the report and determine whether there is a reason to believe a student conduct code offense has occurred. At this same time, judicial procedures will be reviewed, and the possible options a victim can pursue toward the resolution of the complaint will be explored.

When it is determined that there exists sufficient reason to believe a violation of the student code has occurred, disciplinary procedures may be initiated.

A student filing a report of sexual offense occurring in the residence halls will meet with his/her resident assistant or resident director to discuss this report and determine if a violation of policy has occurred. At the appropriate time, the University Housing and Residence Life judicial process will be explained. Also, it will be determined whether the severity of the report warrants further discussion of this incident and whether it should be referred to the Office of Student Life for further review. Sexual offenses of any form will not be tolerated. Possible sanctions for sexual assault or other sexual offenses by the institution following an on-campus disciplinary hearing are as follows:

· Housing and Residence Life may issue a variety of sanctions specifically related to residence hall living ranging from letters of warning to termination of the student's housing contract and referral to the Student Life Office for further action.

· Student Life may take actions ranging from issuing a letter of warning to the expulsion of the student. In instances where student organizations are involved, these organizations can have sanctions taken against them.

· The university police will refer the incident to Student Life or Residence Life after conferring with the county prosecuting attorney and/or they may also obtain arrest warrants and seek prosecution under state statue.

Violations of the University Policy and Procedures on Sexual Assault by its faculty, employees, and students are also subject to disciplinary measures.

C. Follow-up Support Services

Support services are available whether the victim chooses to report the assault to law enforcement or not. Research indicates that follow-up support efforts are of significant benefit to a victim/survivor of sexual assault.

Dissemination: Education; Training

The Sexual Assault Education and Prevention Program was created in 1987 to increase awareness, encourage prevention, provide a resource center, and offer information and assistance for survivors of sexual assault and their families. There are many videotapes, books, brochures, and periodicals available for viewing. There are also several special events that focus on the issues of sexual offense. For more information, please call (304)293-6972 or (304)293-1377. When a sexual assault victim makes contact through the Sexual Assault Education and Prevention Program, the victim will automatically be assigned an advocate. The advocate will provide:

1) initial crisis intervention services and

2) information on options for further assistance and reporting, including:

- right to confidentiality

- medical and emotional support

- academic intervention

- contact with law enforcement authorities and the university conduct system

- physical protection, relocation, relocation of, or other limitations on the reported perpetrator(s), if known

- support with/for significant others and friends

The advocate will obtain written consent from the assault victim in accordance with his/her wishes for the release of any information on the assault. The victim will be advised not to make contact with the alleged perpetrator(s).