Sexual Assault

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

Sexual offenses, as defined by the Federal Bureau of Investigation's Uniform Crime Reporting System, 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. Forcible sexual offenses include sexual assault, acquaintance rape, sodomy, sexual assault with an object, and fondling.

Nonforcible sex offenses, as defined by the Federal Bureau of Investigation's Uniform Crime Reporting System, include unlawful nonforcible sexual intercourse, which includes incest and statutory rape.

West Virginia state law defines "incapable of giving consent" as "a person who is less than 16 years of age; or mentally defective; or mentally incapacitated; or physically helpless."

Mountain State University's 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 Student Responsibilities and Appeals Procedures as a sexual offense. Additionally, and separate from the disciplinary action of Mountain State 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. The maximum sanction for having committed forcible or nonforcible sex offense is expulsion from Mountain State University.

I. Immediate Medical Care and Treatment

The sooner a sexual assault is reported the easier it is to collect valuable evidence and initiate support services for the victim. To facilitate evidence collection the victim should, within 72 hours of the assault, seek a medical evaluation and rape evidence. The victim should:

1. Not bathe or douche
2. Not eat or brush teeth if oral contact has occurred
3. Place soiled clothing in a paper bag (plastic bags destroy crucial evidence) to be taken to the emergency room or police department. Regardless of whether the victim chooses to immediately involve law enforcement officials, the victim is strongly urged to seek medical attention. Medical attention is crucial for assessing internal injuries, sexually transmitted diseases, and possible pregnancy, as well as to collect medical evidence should the victim decide to prosecute.

If 72 hours has transpired since the assault, the victim still should seek medical attention for the purposes listed, as well as to have physical evidence such as bruises, injuries etc., recorded. If the victim does not want to contact the police, a friend or relative may transport the victim to the hospital. Police will be contacted by the hospital to take possession of evidence collected while the victim makes a decision whether to pursue or not.

Any student who feels he/she has been sexually assaulted and requires medical attention is encouraged to contact one of these medical facilities:

Contact information is subject to change; check the phone directory for current information.

II. Reporting a Sexual Assault

Students have the option to notify proper law enforcement authorities. Campus authorities will assist in notifying authorities if the student chooses to do so. All conversations and both informal and formal proceedings having to do with a complaint of sexual assault are kept confidential. Any student who feels he/she has been sexually assaulted should contact the MSU crime reporting representative and these law enforcement agencies:

Contact information is subject to change; check the phone directory for current information

III. Support Services for Victims

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. Professional personal counseling or assistance are provided by the agency listed below or other counseling professionals or organizations as provided in the Bell Atlantic Yellow Pages:

Contact information is subject to change; check the phone directory for current information

The director of student services will provide support as necessary by notifying instructors of an absence from class, assisting in rescheduling examinations, providing information on course withdrawal, and making temporary or permanent changes in campus housing assignments to reduce the likelihood of contact between the victim and the alleged perpetrator.

IV. Sexual Assault Reporting 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 Mountain State University Student Responsibilities and Appeals Procedures. (See catalog.)

Any student who feels he/she has been sexually assaulted is encouraged to file a written complaint with the director of student services. The written complaint should contain the name(s) of student(s) or student organization(s) in violation of Student Responsibilities and Appeals Procedures as well as a description of the violation, including date, time, and place. The procedures and steps involved in a disciplinary action are detailed in the Student Responsibilities and Appeals Procedures. No record will be kept in the permanent academic files of the student filing the complaint.

A student filing a report of sexual offense occurring in the residence halls should meet with his/her resident assistant and the associate director of student services to discuss the report and determine if a violation of policy has occurred. Also, it will be determined whether the report warrants further discussion of this incident and whether it should be referred to the director of student services for further review.

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 privileges and responsibilities as they relate to alleged sexual assault disciplinary proceedings:

1. The accuser and the accused are entitled to the same opportunities to have an advisor present during Judicial Review Board proceedings as described in the Student Responsibilities and Appeals Procedures. (See catalog.)
   
2. Both the accused and the accuser shall be informed in writing of the outcome of such proceedings, including findings and any sanctions.

V. Sanctions for Sexual Offenses

Sexual offenses of any form will not be tolerated. Possible institutional sanctions for a sexual offense are listed in the Student Responsibilities and Appeals Procedures. (See catalog.)
Sexual assault by a faculty member or employee is also subject to disciplinary measures as addressed in MSU's Policies and Procedures Manual.
Additionally, and separate from the disciplinary action of Mountain State 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.