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 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 trail 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 f 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 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.