sexual violence policy
The following policy is based on federal and state laws of North Carolina, and on the College's intent to
ensure the safety of the community.
Sexual assault, including but not limited to threats of, or deliberate physical contact of a sexual nature that is against another person's will or without consent.
- Committing a sexual invasion, sexual assault, or sexual misconduct, as those terms are defined herein.
- Committing sexual harassment as defined herein.
- Inflicting severe mental or emotional distress upon a person through a course of conduct involving repeated harassment, intimidation, abuse or disparagement.
The term "sexual act" means sexual intercourse, cunnilingus, fellatio, anilingus, or knowingly inserting an object or part of one's body into another's genital or anal opening.
The term "sexual assault" means intentionally touching the sexual parts (breasts, genitals, or buttocks) or another or intentionally touching another with one's sexual parts, without that person's consent.
The term "sexual harassment" means engaging in unwelcome advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when the employment or academic advancement of another is made contingent upon submission to such conduct, or when submission to or a rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual, or when such conduct has the purpose or effect of interfering with the other's work or academic performance, or of creating an intimidating, hostile, or offensive working or academic environment.
The term "sexual invasion" means knowingly engaging in a sexual act with another person without the other's consent.
The term "sexual misconduct" means engaging in a sexual acot or exposing the private parts of one's person in any public place in the presence of other persons.
NOTE: Use of alcohol and/or drugs by a Complainant is not an excuse for violation of the sexual assault conduct standard. An intoxicated person cannot provide informed consent to sexual activity if their judgment is impaired. Nor can a perpetrator who is intoxicated or under the influence of drugs be capable of confirming consent to the sexual activity. Thus, if your partner has been drinking or taking drugs, getting a "yes" may not be sufficient. Finally, silence, previous sexual relationships or current relationship between the parties may not be taken as an indication of consent.
It is a violation of this policy to retaliate against a person for complaining of alleged harassment, or for assisting, participating or cooperating in an investigation of sexual harassment. When a member of the College community believes retaliation has occurred, the complainant may bring a complaint under this policy. The College also has the right to make such a determination on its own. Retaliation is a basis for corrective or disciplinary action.
The College will make reasonable efforts to keep all information relating to sexual harassment allegations and investigations confidential on a "need-to-know" basis, to the extent consistent with the College's legal obligations, the need to investigate allegations of sexual harassment, and the need to take corrective and/or disciplinary action. Any person who violates provisions of this policy including confidentiality provisions will be subject to disciplinary and/or corrective action.
IF YOU 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 to reduce the risk of an assault from happening again. Students are encouraged to seek help from the resource people in this guide. There are trained professionals available at Catawba College who can provide information and support. Students are encouraged to use these resources. The College will respect the wishes of the student and will not force them toward any action.
If a student is sexually assaulted, she or he is encouraged to:
- Get to a safe place as soon as possible.
- Understand that the assault was not your fault, nor did you do anything to cause it or deserve it. 100% of the responsibility lies with the person who assaulted you.
- 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 (this is important for evidence collection).
- Contact any one of the following Catawba College offices to report the crime and receive assistance: Public Safety at 704-637-4000, College Chaplain at 704-637-4446 or 704-231-3128, Student Affairs at 704-637-4410, Health Services at 704-637-4404, Counseling Services at 704-637-4307, or a Residence Life staff member. A call to one of these offices does not mean that one has chosen to bring criminal charges. These officials 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.
- Report the crime to the Salisbury Police Department at 911 (non-emergency calls 704-638-5333). This is a personal decision that only the student who has been assaulted can make. Understand that making a report does not require the victim to press charges. Consider that the perpetrator may have had previous victims, and if attention is not brought on their behavior, it is possible that there will be more victims in the future.
- Get medical attention 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. For the purpose of effective evidence collection, physical examination at a local emergency room must take place as soon as possible and no later than seventy-two (72) hours after the assault. For on campus services, call Health Services at 704-637-4404. For off-campus services, call the Rowan Regional Medical Center Emergency Department at 704-210-5035.
- Talk with a counselor who can provide emotional support and give information about resources while clarifying confidentiality. For on-campus services, call Counseling Services at 704-637-4307. For off-campus counseling and support services, call the Child and Family Abuse Crisis Council at 704-636-4718 or the Rape/Sexual Assault Hotline at 800-656-4673.
- 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 College staff who is knowledgeable about recovery resources can be chosen as a support person. To receive information on the Catawba College Student Conduct Code and procedures, please contact the Dean of Students or the Student Conduct Administrator at 704-637-4410.