[continued from UVA (Proposed Base Document) Student Sexual Misconduct Policy: Public Comment Period Nov. 19 – Dec. 5]
http://www.virginia.edu/sexualviolence/policy/appendix1.html
A forensic exam is an exam performed by a specially-trained forensic nurse, called a Sexual Assault Nurse Examiner (or "SANE Nurse"). SANE Nurses work with physicians in the Emergency Department. The University Medical Center is the only local hospital that employs SANE Nurses.
The purpose of a forensic exam is to (1) assess the patient for injuries that need treatment, (2) provide medical care (including medications to prevent infections and pregnancy), and (3) document and collect evidence of sexual contact or physical trauma (including injuries on the body and genitals), trace evidence, and identifiable DNA from the perpetrator of a sexual assault. When there is suspicion or concern that a victim may have been incapacitated by drugs or alcohol during a sexual assault,1 the forensic exam may include the collection of urine and/or blood samples for toxicology testing.
Evidence recovered from a forensic exam can be used to support a subsequent University or criminal complaint; however, having a forensic exam performed does not mean you must report the incident to Police or to the University. A forensic exam must be completed within 72 hours of an assault in most cases. The exam is conducted in a confidential health care setting. You may elect to have the exam performed and decide later whether you want to report the assault to the Police and/or to the University. That decision is entirely yours to make.
If possible, do not brush your teeth, bathe/shower, change your clothes, or use the bathroom. This is to ensure any/all available forensic evidence is preserved for collection. If you have already done some/all of these things, it is still worth obtaining a forensic exam. Forensic evidence may still be present for collection; regardless, it is also important to seek health care treatment (described below). You may wish to bring a change of clothes with you to the Emergency Department.
You will first be seen by a physician in the Emergency Department; the physician will assess whether you have any life-threatening or urgent medical needs. The physician will ask you basic questions about your health history, the general nature of the assault, and any current pain or other symptoms to help understand what care you need. You do not have to share details of the assault with the physician.
You will next be seen by the SANE Nurse. The SANE Nurse will ask you about:
The SANE Nurse will also ask you details about the assault to help determine how best to perform the forensic exam. In order to determine where to look for forensic evidence, the SANE Nurse will ask about the types of conduct that occurred and where (in or on the body) sexual contact was made. This information will be documented in the medical record. After obtaining all this information, the SANE Nurse will usually ask you to disrobe so the forensic exam may be performed. Your physical privacy will be respected throughout the forensic exam. The evidence that is collected is guided by the information you provided about the assault. The evidence may include:
You control the scope and duration of the forensic exam. You may refuse any part of the forensic exam, even after giving full consent at the start. You may elect to stop the forensic exam before it is completed or you may ask to take a break. The medical staff cannot examine you or collect physical evidence without your permission. They need your signed consent to administer the forensic exam and/or to provide any forensic evidence that is collected to Police. You may ask any questions that you have about the forensic exam or any aspect of your care. All forensic exam procedures should be explained so that you understand why and how they are done; if you have any questions, you should ask the SANE Nurse or the doctor to explain what they are doing.
The Emergency Department will call an advocate from the Sexual Assault Resource Agency ("SARA") for any patient reporting sexual assault. You do not have to speak to the SARA advocate, but one will be available to you. You may also contact SARA yourself ((434) 295-7273) before coming to the University Medical Center. Your interaction with SARA counselors and Medical Center employees will be kept confidential. No reports or actions will be taken without your permission.
A SARA advocate can provide emotional support during the forensic exam and any related report-taking. The advocate can help explain medical procedures and the process of evidence collection. The advocate may also counsel friends or family members who may be at the Medical Center with you. The SARA advocate may also assist you with follow-up medical and counseling appointments and may provide support throughout any subsequent criminal process.
You may also have your own support person (e.g., a friend) present with you before, during and after the forensic exam. You may request to see or speak with a hospital chaplain, other clergy, or your own private therapist (if you are currently seeing one). Current University students may receive follow-up care at Student Health or through their own care providers.
You may decide whether you wish to report the sexual assault to Police and/or the University.
You do not have to make a report to the Police, the University or to any other agency if you choose to have forensic evidence collected.
If you decide not to report to Police at the time the forensic exam is performed, the evidence will typically be stored for at least 120 days.
An officer will make a brief anonymous report without your name explaining why they are holding the evidence.
They will then wait for your decision.
If you are under the age of 18, state law may require Medical Center employees to report the assault to Child Protective Services.
Such reports are made when there is evidence of child abuse.
Medical Center employees are also required to report information when they:
The Commonwealth of Virginia will pay for
Additional medical services, if needed, are typically covered by private insurance. If you are a dependent on your parents' health insurance plan, your parents may learn about your visit to the emergency room through their insurance company. You may discuss your payment options with the hospital accounting department. The Department of Student Health recognizes that there can be financial barriers to obtaining appropriate care and will assist you in obtaining the care that you need.
Forensic evidence collected at the Medical Center may be released to Police only with your written consent or if an authorized third party provides consent on your behalf. This forensic evidence may be used to support any subsequent criminal and/or University disciplinary complaint. The Medical Center will only release information at the student's written request or with his or her written permission.
It is important to have follow-up tests and an exam within 2-4 weeks after the Emergency Department visit. You may be seen by your private clinician. If you are a current University student, you may also be seen at Student Health. Professional services at Student Health are covered by your prepaid Student Health Fee. Student Health charges for lab tests and medications, if needed. It is best to call Gynecology ((434) 924-2773) or, if you are a male survivor, General Medicine ((434) 982-3915), as soon as possible to make a follow-up appointment at Student Health. This is especially important if you started medications to prevent HIV.
If you do not have a ride, and if you do not need to accompany a law enforcement officer for further questioning, transportation home or to a safe place may be arranged with a family member, friend, victim advocate, or the Police. The SANE Nurse, SARA advocate, or hospital social worker can help you arrange transportation.
1 Causing or attempting to cause the Incapacitation of another person in order to gain sexual advantage is prohibited by University Policy and also constitutes a crime under various state and federal criminal statutes.
http://www.virginia.edu/sexualviolence/policy/appendix2.html
The University has a policy requiring most University employees to report any information disclosed by students regarding alleged acts of sexual misconduct to the University's Title IX Coordinator. Certain University employees are exempt from this reporting requirement. These employees are involved in the provision of medical and mental health services on Grounds; they are designated as "Confidential Employees." Any disclosures made to Confidential Employees are protected under federal and/or state health care privacy laws. Confidential Employees will not disclose identifiable information to the University's Title IX Coordinator or to any other person/entity without consent, unless a legal exception applies. Exceptions to health care privacy include:
The chart below identifies where "Confidential Employees" are located on Grounds.
On-Grounds/Confidential Employees |
|
U.Va. Medical Center & Emergency Department* |
(434) 924-2231 |
(434) 243-5150 |
|
(434) 924-2773 |
|
(434) 982-3915 |
|
Student Health: Psychologists in the Student Disability Access Center (SDAC) |
434-243-5180 |
(434) 982-2252 |
|
The McCue Center: Sports Medicine and Sports Psychology Clinical Staff** |
(434) 982-5450 |
(434) 982-0090 |
(434) 982-4737 |
|
(434) 924-7034 |
*The University's Emergency Department is the only local facility with nurses who are specially trained to collect evidence for victims of sexual assault; that evidence collection must occur within 72 hours of the assault.
**The McCue Center serves student athletes
***Provides health care for ages 12 to 26
****These clinics are designed as clinical training programs and do not generally see students in crisis
There are a number of local and national resource agencies that provide support and assistance to victims of sexual misconduct. These agencies are not subject to the University's reporting policy. They will not disclose identifiable information to the University'sTitle IX Coordinator.
The chart below identifies several of these agencies.
Local Resources |
|
(434) 295-7273 |
|
(434) 293-6155 |
|
Family Violence & Sexual Assault Hotline of VA |
1 (800) 838-8238 |
(434) 982-7150 |
|
(434) 296-1000 |
National Resources |
|
National Sexual Assault Hotline |
1 (800) 656-4673 |
http://www.virginia.edu/sexualviolence/policy/appendix3.html
The University provides students with numerous prevention and education programs on sexual violence, intimate partner violence (often referred to as relationship or dating violence), domestic violence, and stalking. These programs include (1) annual awareness programs; (2) annual bystander intervention programs; (3) ongoing prevention and awareness campaigns; (4) primary prevention programs; and (5) programs aimed at risk reduction. Descriptions of the specific programs the University offers in each of these areas are referenced below.
Awareness programs consist of community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration. The University provides the following awareness programs for students each year:
Bystander intervention consists of safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. It also includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene. The University provides the following bystander intervention programs for students each year:
Ongoing prevention and awareness campaigns consist of programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to, and skills for addressing, dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the University. The University provides the following ongoing prevention and awareness campaigns:
Primary prevention programs consist of programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions. The University provides the following primary prevention programs:
Risk reduction consists of options designed to decrease perpetration and bystander inaction and to increase empowerment for victims to promote safety and to help individuals and communities address conditions that facilitate violence. The University Police Department provides the following self-defense classes each year:
In addition, many of the University's campaigns and programs described elsewhere in this Appendix are designed, at least in part, to provide students with risk reduction strategies. In no case are risk reduction strategies intended to place blame or responsibility on a victim for an act of violence committed against him or her. The University recognizes that only those who commit sexual violence are responsible for those actions.
In A Social Situation:
- When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation.
- Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.).
- Don't leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you've left your drink alone, don't drink from it again.
- Don't accept drinks from people you don't know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don't drink from the punch bowls or other large, common open containers.
- Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they've had, or is acting out of character, get him or her to a safe place immediately. Take care of your friends and ask that they take care of you. A real friend will challenge you if you are about to make a mistake. Respect them when they do.
- If you suspect you or a friend has been drugged, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others).
- If someone asks for your number, take his/her number instead of giving out yours. Avoid giving out your personal information (phone number, where you live, etc.) .
If Someone Is Pressuring You:
If you need to get out of an uncomfortable or scary situation here are some things that you can try:
- Remember that being in this situation is not your fault. You did not do anything wrong, it is the person who is making you uncomfortable that is to blame.
- Make your limits known. If your partner is pushing those limits, say no as clearly as possible. You have the right to leave or stop a sexual encounter at any point.
- Be true to yourself. Don't feel obligated to do anything you don't want to do. "I don't want to" is always a good enough reason. Do what feels right to you and what you are comfortable with.
- Have a code word with your friends or family so that if you don't feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.
- Lie. If you don't want to hurt the person's feelings it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else that you need to be, etc.
- Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby?
- Find someone nearby and ask for help. As another person at the party or someone walking by, or text a friend to help you leave the situation
- If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later.
If you are initiating sexual contact with someone
- Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.
- Understand and respect personal boundaries. Continuing to pressure someone to go farther than they have said they wanted to go can be coercive.
- Don't make assumptions about consent; about someone's sexual availability; about whether they are attracted to you; about how far you can go or about whether they are physically and/or mentally able to consent. If there are any questions or ambiguity then you do not have consent—when in doubt, just ask.
- Mixed messages from your partner are a clear indication that you should stop, defuse any sexual tension and communicate better. You may be misreading them. They may not have figured out how far they want to go with you yet. You must respect the timeline for sexual behaviors with which they are comfortable.
- Don't take advantage of someone's drunkenness or drugged state, even if they did it to themselves.
- Realize that your potential partner could be intimidated by you, or fearful. You may have a power advantage simply because of your gender or size. Don't abuse that power.
- Understand that consent to some form of sexual behavior does not automatically imply consent to any other forms of sexual behavior.
- Silence and passivity cannot be interpreted as an indication of consent. Read your potential partner carefully, paying attention to verbal and non-verbal communication and body language.
If you have been sexually assaulted there are some additional steps you can take to help feel safer:
Remember: it is not your fault.
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