2006-2007 Student Handbook - University of the Incarnate Word

What do I do about legal advice?Victims of criminal sexual assault need not retain a private attorney because legal issues will be handledthrough a representative from the District Attorney’s office. You may want to retain an attorney if you arethe accused or are considering filing a civil action against the alleged perpetrator.What about changing residence hall rooms?If you want to move, you may request a room change. Room changes under these circumstances areconsidered emergencies. It is the university’s policy that in emergency room changes, the student is movedto the first available suitable room. If you believe that you have been the victim of sexual misconduct, youmust be willing to pursue formal University of the Incarnate Word conduct action. Other accommodationsavailable to you might include:• Assistance from university support staff in completing the relocation;• Arranging to dissolve a housing contract and pro-rating a refund;• Exam (paper, assignment) rescheduling;• Taking an incomplete in a class;• Transferring class sections;• Temporary withdrawal;• Alternative course completion options.What do I do about preserving information of a sexual assault?Physical information of a criminal sexual assault must be collected within 72 hours. If you believe youhave been a victim of a criminal sexual assault, you should go to a Hospital Emergency Room, beforewashing yourself or your clothing. A sexual assault health professional (a specially trained nurse) at thehospital is on call and will counsel you. If you go to the hospital, local police will be called, but you arenot obligated to talk to the police or to prosecute. The exam will help to keep that option open for you,should you decide later to exercise it.The hospital staff will collect information, check for injuries, and address the possibility of exposure tosexually transmitted infections. If you have changed clothing since the assault, bring the clothing you hadon at the time of the assault with you to the hospital in a clean, sanitary container such as a clean papergrocery bag or wrapped in a clean sheet (plastic containers do not breathe, and may render informationuseless). If you have not changed clothes, bring a change of clothes with you to the hospital, if possible, asthey will likely keep the clothes you are wearing as information. You can take a support person with you tothe hospital, and they can accompany you through the exam, if you want. Do not disturb the crime scene—leave all sheets, towels, etc. that may bear information for the police to collect.Will a student be sanctioned when reporting a sexual misconduct policy violation if he/she hasillegally used drugs or alcohol?No. The severity of the infraction will determine the nature of the university’s response, but wheneverpossible the university will respond educationally rather than punitively to the illegal use of drugs and/oralcohol. The seriousness of sexual misconduct is a major concern and the university does not want any ofthe circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct.Will the use of drugs or alcohol affect the outcome of a sexual misconduct conduct complaint?The use of alcohol and/or drugs by either party will not diminish the accused assailant’s responsibility. Onthe other hand, alcohol and/or drug use is likely to affect the complainant’s memory and, therefore, mayaffect the outcome of the complaint. A person bringing complaints of sexual misconduct must eitherremember the alleged incident or have sufficient circumstantial information, physical information and/orwitnesses to prove his/her complaint. If the complainant does not remember the circumstances of thealleged incident, it may not be possible to impose sanctions on the accused without further corroboratinginformation.Will either party’s prior use of drugs and/or alcohol be a factor when reporting sexual misconduct?Not unless there is a compelling reason to believe that prior use or abuse is relevant to the presentcomplaint.86