If you have been sexually assaulted: Guidance for Preserving Evidence If you have been sexually assaulted or raped, one of the first concerns is your medical condition. It is critical that you get a medical examination to assess for physical injuries, to test for the possibility of sexually transmitted infections or pregnancy, and most importantly for your own well-being. If done promptly, the exam can also obtain important evidence that can be used in a criminal prosecution. Here are some general guidelines for preserving evidence: Important Definitions Under Western’s Policy on Preventing and Responding to Sex Discrimination, Including Sexual Misconduct: Sexual Assault: Any actual or attempted sexual contact or behavior with another person without that person’s consent. WA RCW 7.90.150 (6a) a sex offense as defined in RCW 9.94A.030, any violation of RCW 9A.44.096, or any violation of RCW 9.68A.090, or any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030. (RCW stands for Revised Code of Washington.) Domestic Violence: 1. Physical harm, bodily injury, assault, or the infliction of fear of imminent Confidential Resources: On-Campus Support: Consultation and Sexual Assault Support (CASAS) Old Main 585B | (360) 650-3700 CASAS is Western’s caring and compassionate resource to assist all Preserve all physical evidence available for purposes of documentation. Do not bathe, shower, or douche until you’ve had a medical examination. Do not brush your teeth or chew gum. assault, dating/domestic violence, stalking or harassment. CASAS staff provide confidential, professional consultation, information about medical services, legal information and reporting options, academic support, and support groups for survivors of sexual/dating violence. CASAS can also help students make a report to the University or to the police. Old Main 540 | (360) 650-3164 (After hours phone support available). Stalking: The Counseling Center provides confidential counseling, including crisis 1. He or she intentionally and repeatedly harasses or repeatedly follows If the location of the assault is accessible to you, disturb it as little as possible. Do not change or wash bedding. Dating Violence: Violence committed by a person: 1. Who is or has been in a social relationship of a romantic or intimate nature with the victim 2. Where the existence of such a relationship shall be determined based on a Seeking medical attention can be critical to assessing your overall health needs, testing for sexually transmitted infections and pregnancy, and collecting evidence that may be used in legal proceedings. Staff at these facilities are specially trained and sensitive to your needs and concerns in getting medical assistance. Consider visiting the following locations for medical attention: Student Health Center 360.650.3400 2001 Bill McDonald Pkwy, Bellingham Provides emergency contraceptive services and treatment for injuries and sexually transmitted infections. Available during weekday business hours. St. Joseph’s Hospital 360.734.5400 2901 Squalicum Pkwy, Bellingham Provides treatment for injuries and sexually transmitted infections, and rape kit assessments with a sexual assault nurse examiner. Advocates for survivors are available on call. Open all hours. University Policy 1600.04, Preventing and Responding community resources that can offer more specialized or longer-term help Student Health Center the person in fear or intimidate or harass the person. (RCW 9A.46.110) consideration of the following factors: a. the length of the relationship b. the type of relationship c. the frequency of interaction between the persons involved in the relationship Consent: Consent is a voluntary agreement to engage in sexual activity. Consent is informed, freely given, and mutual. If coercion, intimidation, threats, or physical force are used there is no consent. (RCW 9A.44.010) Campus Services Building, 2001 Bill McDonald Pkwy. | (360) 650-3400 2. There is no consent when there is force, expressed treatment for injuries and sexually transmitted infections, and emergency contraceptive services. Off-Campus Support (Bellingham): DVSAS (Domestic Violence & Sexual Assault Services) 1407 Commercial Street, Bellingham 24-hour helpline (360) 715-1563 or (877) 715-1563 DVSAS offers free and confidential services, including a 24-hour helpline seven days a week, walk-in services weekdays from 9am to 5pm, support groups, emergency shelter, and legal, medical and social services sexual assault, dating and domestic violence, and stalking, and outlines survivors’ rights. Western takes action to prevent sexual misconduct, support survivors, and hold perpetrators accountable. Under Title IX, all students have the right to an educational environment free from sex discrimination. You have this right regardless of your sexual orientation, gender identity, race, disability, or other aspect of your identity. Western prohibits retaliation against individuals who file or participate in sex discrimination complaints. resources for survivors. Western Washington University’s Together Against Sexual Violence website: wp.wwu.edu/sexualviolence 3. Coercion, force, or threat of either invalidates consent. 4. Silence or an absence of resistance does not imply consent. 5. Consent to engage in sexual activity with one person does not imply Western is committed to ensuring that all students are safe and have the opportunity to benefit fully from educational programs and activities. Western cares about the safety and well-being of all members of the campus community. Students who consent to engage in sexual activity with another person. 7. Past consent to sexual activities does not imply ongoing future consent. prohibits sexual harassment, gender-based harassment, advocacy. The DVSAS website, www.dvsas.org, lists many community or implied, or use of duress or deception. 6. Consent can be withdrawn at any time. to Sex Discrimination, Including Sexual Misconduct, The Student Health Center provides confidential health care, including 1. If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent. This includes impairment or incapacitation due to alcohol or drug consumption, or being asleep or unconscious or because of an intellectual or other disability that prevents the person from having the capacity to give consent. an environment in which students, staff, and faculty can learn and work free from all types of sexual misconduct. intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and intimidated, or harassed even if the stalker did not intend to place * Western Washington University is committed to providing also assists students by referring them to other services on campus and to with problems and concerns. 3. The stalker either: a. Intends to frighten, intimidate, or harass the person; b. Knows or reasonably should know that the person is afraid, Western prohibits sex discrimination, including sexual misconduct.* appointments and after-hours emergency services. The Counseling Center another person; and 2. The person being harassed or followed is placed in fear that the stalker You can change clothes, but do not launder what you were wearing at the time of the incident — keep the clothes in a paper bag to preserve evidence. Counseling Center another family or household member. (RCW 26.50.010) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime: Student Rights and Resources students who, at any period in their life, have been affected by sexual physical harm, bodily injury or assault, between family or household members; 2. sexual assault of one family or household member by another; 3. stalking as defined in RCW 9A.46.110 of one family or household member by Together Against Sexual Violence experience sexual misconduct are encouraged to report it To request this document in an alternate format, please contact PWS at 360.650.2993 or [email protected] Western is an equal opportunity institution whether the misconduct occurs on or off campus. Reporting Options: Prevention: Abusive Relationship Warning Signs: • Your partner is jealous and possessive towards you. • Your partner tries to control you by being bossy and never considers your opinions. • Your partner scares you, making you afraid of how they will react to things you do or say. • Your partner has a quick temper and history of violence towards others. • Your partner pressures you into doing things that you do not want to do, such as having sex or breaking the law. If you feel you are in an abusive relationship: • Take it seriously. If you are in immediate danger, call the police. • Talk to someone about it, such as a friend, parent, clergy, or counselor. You are not alone. • Get yourself a safety plan; WWU’s CASAS (360.650.3700) can assist you with this. • Call for help to assist you with restraining orders, safety planning, education, support, and other services you may need. • Your partner has a history of bad relationships. • Your partner believes in rigid gender roles. • Your family and friends have warned you about your partner or told you that they are worried for your safety. When safety is a concern, Western will take interim measures to protect the complaining party during the investigative process as necessary and with the complainant’s permission. Western’s Title IX Coordinator in the Equal Opportunity Office Old Main 345 | (360) 650-3307 If you suspect someone is in an abusive relationship: • Voice your concerns. • Don't force them to break up with their partner until they are ready to do so on their own terms. • Let them know that they do not have to face the • Have their needs be as important as their partner's needs. • Offer your support and guidance, and refer them to the appropriate resources. • Educate yourself about abusive relationships. Western’s Office of Student Life http://apps.leg.wa.gov/wac/default.aspx?cite=516-21-250 The Office of Student Life investigates sexual misconduct perpetrated by another Western student using Western’s student conduct process, and coordinates with the Title IX Coordinator. University & Bellingham Police Campus Services Building | (360) 650-3911 (emergency) 650-3555 (report) | 911 (emergency) Provides information on protective orders and services for filing a criminal report. behavior or actions. • Be able to voice their thoughts, feelings and opinions. Required Training • Be free from emotional, sexual, financial and physical transfer and graduate students – are required to complete All new matriculated students – including freshmen, abuse at all times. • Change their minds and not feel threatened. • Spend time with their friends and family and not feel pressured by their partner's jealousy. Western’s Investigative Procedures: Haven, an online sexual violence prevention training. Haven addresses the creation of healthy relationships, Possible Sanctions: Possible Sanctions: Sanctions imposed may may include one orone more the of the Sanctions imposed include or of more following. Sanctions may be tailored to the meet the following. Sanctions may be tailored to meet circumstances ofparticular the particular circumstances of the case.case. 2 Conditional status. 3 Loss of privileges. 4 Restriction from contacting others ("no contact" order). 5 Educational activities. 6 Assessment, counseling, or treatment programs. 7 Restitution. 8 Parental notification. training specific to these issues. 9 Campus residence hall or apartment relocation. You have the right to receive assistance from Western while the investigation is occurring. 10 Termination of university residences agreement. 11 Suspension from the university. 12 Deferred suspension. 13 Expulsion from the university. obligate an individual to file a police report or interact with the alleged assailant. A complaint begins an investigation in which involved parties are met with individually. Western’s Discrimination Complaint Procedure, wwu.edu/eoo, provides for prompt and equitable investigation of complaints alleging violations of Title IX. Retaliation against complainants is prohibited by Title IX and will not be tolerated by Western. Western is committed to resolving complaints with a prompt, equitable, adequate, reliable and impartial investigation. situations, and describes ways you can help strengthen the The investigation is conducted by officials who receive annual • Live without fear and confusion from their partner's anger. of. Haven also provides information on Western’s policies, • Be treated with respect and never called names. resources and reporting options regarding sexual violence. • Negotiate conflict and make decisions about the For more information about Haven, including FAQs and a Depending on the situation, this might include issuing a no- link to complete the training, please visit wwu.edu/haven. contact order, modifying on-campus living arrangements, relationship together. Investigations conducted by the Title IX Coordinator/Equal Opportunity Office and Office of Student Life use the preponderance of evidence standard. This standard asks whether it is more likely than not that the allegations occurred. Warning. emphasizes the importance of obtaining consent in sexual safe, positive university community you want to be part Standard of evidence used: 1 Making a report or filing a complaint with Western does not • Be free from blame or responsibility for their partner's Complainants and respondents have similar rights in the student conduct process and these include: To provide evidence on their own behalf, be accompanied through the process by a person of their choice, to receive written notification of the outcome, and to request a review/appeal of the decision. All rights, and rights specific to the complainant and respondent, can be found here: situation alone. Remember, in a healthy relationship, each person is entitled to: Administrative interim no-contact orders are typically issued to both the complainant and the respondent(s). Depending on class and on-campus work schedules, these may include temporary trespass orders. If the complainant lives on-campus, there is the option for alternative, temporary housing. Complainants are encouraged to work with appropriate resources (CASAS, DVSAS, police) for safety planning. The Title IX Coordinator investigates sexual misconduct as a form of discrimination using the University’s Discrimination Complaint Procedure, and can help coordinate support and accommodations for survivors. Viking Union 544 | (360) 650-3706 • Your partner abuses illegal drugs and alcohol. • Your partner blames you for their problems, including those they brought upon themselves. Students who experience sexual violence may use any or all of the following reporting options. Protective measures that WWU offers following an allegation of sexual misconduct: academic accommodations such as changes in class or testing schedule, safety planning, or counseling, without penalty to you.
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