CONCORD UNIVERSITY SEXUAL ASSAULT POLICY
Sexual assault or abuse, including date (acquaintance) rape, is a very serious concern at Concord University. If you have been the victim of a sexual assault on University owned or controlled properties, you are strongly encouraged to immediately report the incident to the Concord University Office of Public Safety at (304) 384-5357.
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 Concord University. A person is determined incapable of consent when such person is 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.
Concord 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 Concord University Code of Student Conduct found in the most current issue of the Concord University Student Handbook, as a sexual offense. Additionally, and separate from the disciplinary action of the University (up to and including a finding of guilty), a perpetrator may be brought to trial under West Virginia state law and subject to action as directed by the court.
Sexual Assault Procedures:
The following procedures relating to allegations of rape, acquaintance rape, sexual assault, sexual abuse, and all sex offenses, forcible or non-forcible, are adhered to in all Concord University judicial hearings as described in the Concord University Code of Conduct.
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 students’ rights and responsibilities as they relate to hearings conducted by the Concord University Hearing Boards:
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 to the hearing chairperson
without permission of the Chair. Advisers can be
any full-time employee.
*All accused student may use the Student Public
Defender.
2. Students have the option to notify proper law
enforcement authorities, including on campus and
local police, and the option to be assisted by the
campus authorities in notifying these agencies, if the
student chooses to do so.
3. Both the accused and the accuser shall be informed of
the outcome of such a judicial hearing, including the
findings and any sanctions.
In cases of sexual assault, it is critically important that victims:
* seek immediate medical attention (within 72 hours of
assault if possible), but always sooner rather
than later
* refrain from bathing or douching
* refrain from eating or brushing teeth if oral contact has
occurred
* preserve all clothing and/or bed linens
* place soiled clothing, sheets, etc., in a paper bag (plastic
bags destroy crucial evidence) to be taken to the
emergency room or jurisdictional police department.
These steps are essential in the preservation of evidence necessary to prove criminal sexual assault.
The Concord University Office of Public Safety guarantees you the following:
1. A public safety officer and a Sexual Assault
Response Team member will meet with you
privately at a place of your choosing to take a
report, or simply discuss your case, whichever is
your preference.
SEXUAL ASSAULT RESPONSE TEAM
To aid the victims of sexual assault, the University has selected and trained a number of individuals who can provide help and be used as referral agents. The following employees are all members of the campus Sexual Assault Response Team:
Dr. Delilah O’Haynes (chairman) #5261
Dr. Carol Manzione #5262
Officer Roy Gum #5357
Mr. Rick Dillon #5231
In addition, individuals employed in the following positions are always included as committee members:
Sarvay/Wilson Resident Director #5140
North Tower Resident Director #5138
Public Safety Director #5357
Any Concord community member who is seeking help with a current or past sexual assault, should contact a Team member with whom you feel comfortable, and in all cases, the sooner the better.
*Please note: Federal law requires all University
administrators and campus Public Safety officers to
be reporting agents. Your case will be counted as a
“reported sexual assault” in compliance with the 1990
student Right-To-Know and Campus Security Acts.
Neither your name, nor any particulars of your case,
will be divulged as part of this requirement.
2. We will not release your name to the public nor the
press.
3. You will be offered the assistance of a victim advocate.
You will be given the choice of several on campus
Sexual Assault Team Members, all of whom have been
trained in victim advocacy, or the office of the victim advocate of Mercer County will be made available to
you. S.A.F.E. (Mercer County’s Victim Advocate
Program) can be reached by calling 324-7820.
4. Realizing that you will want to relive the attack as
few times as possible, we will make every effort to
take your assault statement on only one occasion.
5. We will not engage in pre-judging or victim blaming.
6. Concord University Police officers will treat you and
your particular case with the utmost courtesy, sensitivity, dignity, understanding and professionalism.
7. The University will fully investigate your incident should you wish us to do so. You will be kept up-to- date on the overall progress of the case. In those instances where arrest and prosecution of the suspect appears likely, the Public Safety Director will discuss
additional details of the case with you. You have the
right to have your victim advocate present at this
meeting.
8. The University will give your case full and serious
consideration regardless of your gender, or the gender
of the suspect.
9. The University will supply physical protection,
relocation, relocation of or other limitations on the
reported perpetrator(s) if known.
If you feel you are a victim of sexual assault or sexual abuse, call the Concord University Public Safety Office at 384-5357. The emergency telephone number, after 4:00 p.m., weekdays and all weekend is 384-9334. The emergency line transfers your call to the on-duty police officer radio system, so explain that your information is confidential and ask him/her to call you on a landline.
If the assault takes place off campus, the WV State Police Department (425-2101) is available to facilitate this process with the victim.
The Sexual Assault Response Team Program (Victim Advocacy)
The University strongly urges all sexual assault victims to report the crime as soon as possible to the appropriate law enforcement agency. Doing so saves investigative time, preserves evidence, and may prevent future assaults by the same offender. It also ensures that a victim receives prompt medical attention and counseling as needed. However, many victims are hesitant to initiate the reporting process alone, and some victims may decide not to report the crime.
The University is committed to providing nonjudgmental and appropriate support services for all sexual assault victims, regardless of whether or not they report the crime. In addition, the University has vested interest in obtaining an accurate count of the number of sexual assault involving student victims that occur on or off-campus. The Sexual Assault Response Team program is designed to accomplish both these goals, as well as to meet federal mandates.
The Student Right To-Know and Campus Security Act of 1990 requires Concord University to provide accurate crime statistics on an annual basis to the campus community, while the Higher Education Reauthorization Act of 1992 Sexual Assault Victim’s Bill of Rights requires, among other things, that all higher education institutions establish a protocol for responding to reported sexual assault incidents. Victim advocates ensure that students who have been sexually assaulted do not have to navigate the legal, medical or mental health system alone.
All victim advocacy services are confidential and free of charge. Victim advocates are designated University staff members who possess knowledge in sexual assault issues, have experience in sexual assault crisis intervention, and have received appropriate training in the medical and legal issues related to sexual assault. A current list of victim advocates is available from the Office of Housing and Residence Life in Sarvay.
Any person that is a victim of sexual assault is strongly encouraged to consult a victim advocate as soon after the assault as possible. Any time that a student reports a recent sexual assault (defined as an assault that occurred in the current academic or calendar year) to a Concord University employee, that employee is required to immediately refer the student to a victim advocate. The victim advocate, in turn, is required to do the following:
1. Inform the victim of her/his legal options for recourse
(both civil and criminal), encourage the victim to
report the assault to the Concord University Public
Safety Office, assist the victim with preserving
evidence, and inform the victim of her/his legal rights
and protections;
2. If the victim is a student, inform her/him of other
options for recourse, including a campus disciplinary
hearing, and notify the victim of her/his Code of
Conduct rights and protections;
3. Encourage the victim to seek medical attention for
injuries, sexually transmitted infection prophylaxis,
emergency contraception, GHB/rohypnol testing, and
HIV testing;
4. Encourage the victim to seek counseling services;
5. Assist the victim with obtaining academic
accommodations as appropriate in the event of post-
traumatic stress disorder;
6. Assist the victim with obtaining new or temporary
living arrangements if a threat to physical safety persists;
7. Serve as an emotional support resource for the victim
during the initial phase of recovery;
8. Provide support with/for significant others and friends;
and;
9. Make a confidential and anonymous report in writing
to the Dean of Students, who, in collaboration with the
Office of Public Safety, compiles an annual summary
for purposes of federal campus crime reporting.
In the event of a persistent or imminent threat to student safety, the Dean of Student and/or the Public Safety Director will inform the Concord University community in a timely manner.
Role of the Victim Advocate:
* Provide medical and legal advocacy for victims of
of sexual assault.
* Make appropriate resource referrals for victims.
* Assist victims in obtaining academic
accommodations and other support services.
* Assist the University with meeting federally mandated
campus crime reporting requirements.
* Ensure consistency of care and response for all
victims.
IMPORTANT TELEPHONE NUMBERS:
I. Reporting
Concord University Office of Public Safety 304-384-5357
(Emergency) 304-384-9334
Athens Police Department 304-384-3525
WV State Police 304-425-2101
II. Medical
Athens Family Practice 304-384-7325
Princeton Community Hospital 304-487-7000 *Princeton Community Hospital has sexual assault nurse examiners specially trained to aid victims of sexual assault.
III. Support Services
Concord University Counseling Center 304-384-5290
S.A.F.E. (Mercer County Victim Advocate) 304-324-7820
Beckley Women’s Center 24-hr. Hotline 304-263-8292
Concord University Victim Advocate
Rick Dillon (work) 304-384-5231
After normal hours 304-384-4212