I. Purpose
Western Carolina University is an academic community dedicated to the transmission and advancement of knowledge and understanding. It is the obligation of all members of the university community to help maintain an environment wherein academic freedom flourishes and in which the rights of each member of the university community are respected. Acts of sexual assault can jeopardize the health and welfare of members of the university community. In an effort to address such threats to the quality of campus life, Western Carolina University adopts this policy.
II. Definition
For the purpose of this policy, "sexual assault" is defined as engaging in vaginal, oral, or anal sexual intercourse with, or inflicting other sexual invasion upon, any person without that persons consent. "Other sexual invasion" is defined as the intentional touching of another person's genitalia, groin, breast, buttocks, or clothing covering them, or forcing an unwilling person to touch another's intimate parts as listed above, without consent. An action is "without that person's consent"
- when inflicted upon a person who has not freely and actively given consent.
- when consent is given as a response to force or the threat of force.
- when inflicted upon a person who one knows (or reasonably should know) to be physically incapacitated by the use (voluntarily or involuntarily) of alcohol and/or other drugs, including "date rape" drugs to the extent that they are either unconscious, unaware, or otherwise physically helpless.
III. Scope
The scope of this policy shall be limited to conduct which occurs on university premises or which adversely affects the university community and/or the pursuit of its objectives. Students of the university are responsible to the university for certain acts committed off-campus. This policy may apply to off-campus conduct when the conduct is likely to interfere with the educational process or the orderly operation of the university; or the continued presence of the student on campus is likely to endanger the health, safety, or welfare of the university community; or when the conduct has an adverse affect on the university's pursuit of its mission. The action of the university with respect to any alleged assault shall be made independently of any off-campus authority. The prospect of criminal charges does not preclude the possibility of university jurisdiction over the case.
IV. Education, Prevention, Counseling, Rehabilitation
Since the primary purpose of Western Carolina University is education, the university's major effort to address sexual assault should also be educational in nature. The university maintains a comprehensive sexual assault prevention program available to all members of the academic community. The activities of the program shall be the responsibility of the Committee on Sexual Assault appointed by the Vice Chancellor for Student Affairs and composed of faculty, staff, and students. The committee shall develop and coordinate an ongoing program available to all members of the academic community that increases awareness of sexual assault. This program shall:
A. Educate the campus community about sexual assault issues including the factors contributing to the incidence of sexual assault.
B. Provide information regarding campus sexual assault policy and procedures.
C. Provide information about sexual assault counseling and rehabilitation services to members of the university community, through campus-based programs for students, faculty, and staff.
D. Encourage members of the campus community to make use of available campus and community counseling, medical, and rehabilitation resources in dealing with sexual assault.
E. Inform members of the academic community that they may be subject to university discipline and/or criminal prosecution for sexual assault violations.
F. Advocate a campus climate that supports responsible relationships.
Persons who voluntarily avail themselves of university services shall be assured that applicable professional standards of confidentially will be observed.
V. Guide For Students Who Have Been Sexually Assaulted
Sexual assault is an act of violence. Students who are victims of an assault may be in a state of shock and disbelief, and may be feeling a variety of emotions such as fear, anger, and helplessness as well as shame and guilt. A victimized student may not know who to trust or turn to for help. This guide is designed to give students resources to help in recovery as well as preventing an assault from happening again. Students are encouraged to seek help from the resource people in this guide. There are trained professionals available at Western Carolina University who can provide information and support. Students are encouraged to use these resources.
A. If A Student is Sexually Assaulted He or She Should:
GET TO A SAFE PLACE AS SOON AS POSSIBLE.
TRY TO PRESERVE ALL PHYSICAL EVIDENCE. Do not wash, douche, use the toilet, or change clothing, if it can be avoided. If changing clothes is a must, put all clothing worn at the time of the attack in a paper bag, not plastic.
GET MEDICAL ATIENTION as soon as possible to address physical health needs and to collect important evidence in the event of a later decision to take legal action.
CONTACT WCU UNIVERSITY POLICE by calling 911. A call to the university police does not mean that one has chosen to bring criminal charges. Police officers are trained to assist in securing medical attention and professional counseling while assuring that evidence of the incident is collected and preserved in the event of a later decision to prosecute.
TALK WITH A COUNSELOR who can provide emotional support and give information about resources while clarifying confidentiality. For university counseling services, call Counseling and Psychological Services, 227-7469 (M-F, 8-5) or 227-7301 (after hours emergency, ask for "counselor-on-call"). For community counseling services, call the Smoky Mountain Center 1-800-849-6127 or REACH of Jackson County, 631-4488 (M-F, 8-4) or 586-1911 (after hours emergency, ask for "REACH counselor").
CONFIDE IN SOMEONE WHO CAN BE TRUSTED, a close friend or resident assistant, to turn to for support through recovery. If preferred, a member of the university staff who is knowledgeable about recovery resources can be chosen to be a support person.
B. PAST ABUSE
A common response to sexual assault is to withdraw and never tell anyone. Whether the assault occurred recently or years ago, assistance is available. For information, call Counseling and Psychological Services at 227-7469.
C. MALE VICTIMS
Although women are more often the victims of sexual assault, men can be victims, too. All the recovery services available for women are also available for men.
D. MEDICAL TREATMENT
It is important to seek medical attention to assess and treat any physical injuries that may have been sustained. Evaluation of sexual assault includes testing and treatment for sexually transmitted diseases, medication to prevent pregnancy, and documentation of evidence of the assault which would aid criminal prosecution. Physical evidence should be collected immediately, ideally within the first seventy-two (72) hours. It may be collected later than this, but the quality and quantity of evidence may be diminished.
Immediate Emergency Services
A special exam should be conducted as soon as possible following an assault to assure physical well being and to collect evidence that may be used in criminal proceedings. Even if there are no physical injuries, this special exam is recommended to maintain all legal options. The exam is performed by an emergency department physician at Harris Regional Hospital in Sylva. A nurse is present throughout the procedure and a support person of choice can also be present.
NOTE: Routinely, hospital personnel contact police whenever treatment is provided for injuries resulting from a crime. Although police are contacted, this does NOT mean one must proceed with criminal charges.
Transportation
The University Police Office or Health Services are available to transport sexual assault victims to the hospital if necessary. To arrange transportation, call University Police at 227-7301 or Student Health Services at 227-7640.
Non-Emergency Medical Procedures
Non-emergency treatment can be obtained on campus at the Health Center located in the Bird Building.
Hours are Monday-Friday, 8am-5:30 pm, and Saturday 10am-4pm.
E. COUNSELING AND EMOTIONAL SUPPORT
University Counseling Services
A counselor can be reached at Counseling and Psychological Services, 227-7469 (M-F, 8-5) in the Bird Health and Counseling Center, or in an emergency, after hours, 227-7301 (ask for the "counselor-on-call"). University emergency after-hour services are only available from August through May while university is in session. For after-hour emergencies between May and August, call the Health Center (227-7640), Smoky Mountain Center (1-800-849-6127), REACH (631-4488), or Harris Regional Hospital Emergency Department (586-7111).
Western’s Counseling and Psychological Services offers counselors who are available to intervene in an emergency and provide information about options for psychological counseling, medical assistance, university disciplinary action, and legal prosecution. These counselors can provide confidential support that may help in the sorting through of feelings and decisions regarding further action.
Community Counseling Services
Other agencies available in the community are the Smoky Mountain Center 1-800-849-6127, REACH (Resources, Education, Assistance, Counseling and Housing) 631-4488. REACH has trained volunteer counselors available on a 24-hour emergency basis through the Sheriffs Office (586-1911, ask for the ''REACH counselor''). The dispatcher at the Sheriffs Office simply coordinates calls. There is no pressure to report or take legal action. Confidentiality is maintained.
F. REPORTING TO WCU UNIVERSITY POLICE
Call 911 on any campus telephone to contact the University Police Department. A victim's choice to report an incident to the university police does not necessarily represent a choice to prosecute or to pursue university disciplinary action. The victim may choose whether to participate in legal and disciplinary proceedings at a later time.
When the university police are called, contact will be made with a professional law enforcement officer who can: 1) help secure medical attention and emotional support from resources on campus and off campus; 2) assist in preserving evidence and preparing a case for court or university disciplinary proceedings; and 3) assist in protecting the victim and others from future victimization.
If the choice is made to call the University Police, an officer will listen to the statement about what happened. The officer will ask questions about the scene of the crime, any witnesses, and what happened before or after the incident. The officer will ask the victim to describe or identify the assailant. If the assault happened off campus, a university police officer will help the victim contact the proper law enforcement agency if so desired.
G. CRIMINAL INVESTIGATION AND CHARGES
The University Police department is required by law to provide information on all sexual assaults and other felonies to the local District Attorney; but in the vast majority of cases, the decision to pursue criminal charges will rest with the victim.
If the victim chooses to pursue criminal charges, a lawyer from the local District Attorney's office will provide representation without cost throughout the proceedings. A lawyer from the District Attorney's office and/or a personal attorney may also provide legal advice to assist the victim in making a decision on prosecution.
University police officers investigate all crimes which occur on campus. If technical expertise or additional investigative help is needed, the N.C. State Bureau of Investigation may be called to assist. If crimes happen off campus, the Jackson County Sheriff's Department is likely to be the primary investigative agency with WCU investigators providing support if requested. Police officers understand that any questioning can be difficult for victims. A victim may request the presence of a support person during police interviews.
If a person chooses to pursue criminal prosecution and if it is possible for the assailant to be apprehended, the suspect will be taken before a magistrate and charged with the appropriate offense. A suspect or student under investigation for any criminal offense by the University Police has a constitutional right to have a lawyer present during questioning; however, the student/suspect does not have the right to have a support person or advocate other than a lawyer present. The suspect/student may request to have someone other than an attorney present, but it is at the discretion of the investigating officer as to whether that would be allowed.
H. DISCIPLINARY PROCEDURES FOR CASES INVOLVING A STUDENT ASSAILANT
Sexual assault (as defined in Section II of this policy) is prohibited behavior at Western Carolina University and by this Policy is a violation of the Code of Student Conduct. Students have the right to file formal complaints of sexual assault with the Office of Student Affairs at 227-7234 or Community Ethics at 227-7184. Complaints of sexual assault shall be handled according to the procedures outlined in the Code of Student Conduct (found in the Student Handbook) unless otherwise specified in this Policy.
Rights of the Accused
Students facing charges of sexual assault are afforded all rights as outlined in the Code of Student Conduct plus the following rights specific to sexual assault cases:
- The right to be assisted by any advisor or support person they choose, at their own expense (if a fee is charged), throughout the entire disciplinary process including investigation, informal disposition of the case, hearings, and appeals. The advisor or advocate may not speak in any disciplinary proceeding except in private to the accused.
- The right to have their name or other personally identifiable information withheld from release to the public, the press, or others who are not directly involved in the case.
Rights of Victims
Any person who is a complainant in a case of sexual assault shall be afforded all rights as outlined in the Code of Student Conduct plus the following rights specific to sexual assault cases:
- The right to be assisted by any advisor or support person he or she may choose, at his or her own expense (if a fee is charged), throughout the entire disciplinary process including investigation, informal disposition of the case, hearings, and appeals. The advisor or advocate may not speak in any disciplinary proceeding except in private to the victim.
- The right to be notified of the outcome of any disciplinary action in a case of sexual assault subsequent to the notification of the accused.
- The right to request to have his or her living arrangements (if in university housing) modified pending the outcome of a disciplinary process if the accused lives close to the victim.
- The right to request extra time to make up academic work he or she has missed because of time lost due to the assault and the hearing.
- The right, where reasonable and possible, to have the complainant's classes reassigned so as not to share classes with the accused.
- The right not to have his or her sexual history discussed during the hearing.
- The right to be present during the entire hearing.
- The right to have his or her name or other personally identifiable information withheld from release (by the university) to the public, the press, or others who are not directly involved in the case.
- The right to make a victim impact statement to be presented to the judicial body subsequent to a determination of responsibility for a violation of the Code of Student Conduct and prior to the determination of a sanction or sanctions.
- The right to give testimony from a separate room during a hearing.
Sanctions
Students found to have been responsible for an act of sexual assault shall be subject to sanctions determined by the judicial body handling the case as outlined in the Code of Student Conduct.
V. Resource Directory
Emergency (On and Off Campus): 911
Medical Treatment
Health Services, Bird Health and Counseling Center: 227-7640
Emergency Department, Harris Regional Hospital, Sylva, NC 28779
(24 hours): 586-7111
Police and Legal Information
Western Carolina University Police: 227-7301
Jackson County Sheriffs Office: 586-1911
District Attorney's Office, Jackson County Courthouse: 586-2171
Emotional Support
Counseling and Psychological Services,
Bird Health and Counseling Center (24 hours during school year while university is in session)
Weekdays (M-F, 8-5): 227-7469
Emergency after hours: 227-7301 (Ask for "counselor on-call")
SMC - Smoky Mountain Center: 1-800-849-6127
Reach of Jackson County - Resources, Education, Assistance, Counseling and
Housing (M-F, 8-5): 631-4488
After hours emergency: 586-1911
Student Affairs Offices
Office of the Vice Chancellor: 227-7147
Residential Living: 227-7303
Director of Student Community Ethics: 227-7184
Wellness Coordinator: 227-7640