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College Wide Policies- Sexual Assault

Catalog and Student Handbook

Definition: Sexual assault is defined as sexual intercourse without consent, including rape (whether by acquaintance or stranger), sodomy, or other forms of sexual penetration. To constitute lack of consent, the acts must be committed either by force, threat of force, intimidations, or through use of the victim’s mental helplessness of which the accused was or should have been aware. Mental helplessness includes incapacitation by alcohol or other drugs. Sexual assault also includes intentionally touching, either directly or through clothing, of the victim’s genitals, breasts, thighs, or buttocks without the victim’s consent, as well as touching or fondling of the accused by the victim when the victim is forced to do so against his or her will.

Verbal misconduct, without accompanying physical contact as described above, is not defined as sexual assault. Verbal misconduct may constitute sexual harassment, which is also prohibited under college policy.

Student Reporting Procedures for Sexual Assault: In the event of a sexual assault or any sexual misconduct, the victim should first seek safety. The college strongly urges that a student who has been sexually assaulted to immediately contact the college police. However, they may also choose to contact a College Counselor or Dean of Students.

Students can choose to pursue criminal proceedings and also file a complaint with the College, or the student can choose to just do the latter.

Counselors and Police/Security personnel on duty can be found:

Campus Police Emergency Number: (540) 891-2911 or 2911 from any college IP phone.

Fredericksburg Area Campus

V. Earl Dickinson Building, Counseling Center Room 201, (540) 891-3021

Workforce Building, Police/Security, Main Lobby, (540) 891-3079 or (540) 834-1079

Locust Grove Campus

French Slaughter Building, Counseling Center, Room 205, (540) 423-9123 and Police/Security, Room 112, (540) 423-9044

Joseph R. Daniel Technology Center - Culpeper

Daniel Technology Center, Police/Security, Room 125, (540) 937-2920

Stafford Center

2761 Jefferson Davis Highway, Suite 107, Stafford, Virginia 22554, (540) 288-8830

The college personnel (Counselor or Police/Security Officer) responding first to the student reporting an alleged sexual assault will:

  • ensure that the student is directed toward adequate medical facilities and assistance;
  • assist the student in filing a complaint to the Dean of Students Student Development at Germanna;
  • instruct the student of the importance of preserving evidence, in the event he/she wishes to file criminal charges. The victim should not wash, douche, use the toilet, or change clothing prior to a medical or legal exam.

The Germanna Community College Police Department will investigate all incidents of this nature and may request additional mutual assistance and resources from the local law enforcement authorities or State Police.

Germanna Counselors are prepared to provide support to victims and/or witnesses of sexual assault while safeguarding confidentiality and assuring anonymity. Counselors will assist the student with identifying appropriate counseling and mental health resources and making referrals to appropriate community agencies which provide crisis intervention and victim assistance.

Some of the resources available in the community to assist with crisis intervention and victim assistance are:

Culpeper Area

Chrysalis Counseling Center: (540) 727-0770

Culpeper Regional Hospital: (540) 829-4100

Fredericksburg/Spotsylvania Area

Mary Washington Hospital: (540) 891-2603

Rappahannock Area Community Services Board (serves several counties)

Fredericksburg Main Number: (540) 373-3223

24 Hour Crisis Intervention Hotline: (540) 373-6876

The Rappahannock Council against Sexual Assault

(Provides crisis counseling, victim assistance and advocacy.):(540) 371-1666

The College will adjust class schedules for the victim after an alleged sex offense, if those changes are requested by the victim and are reasonably available. These requests should be made to the Dean of Students.

Sexual assault is punishable through civil and criminal proceedings as well as through the College disciplinary processes. Sexual assault is a violation of the Standards of Conduct outlined in the Statement of Student Rights and Responsibilities. Students found to have violated the Standards of Conduct are subject to the sanctions outlined in the Statement of Student Rights and Responsibilities which include suspension and dismissal. Students who are victims of sexual assault will be advised that they may file civil and criminal charges through the appropriate law enforcement agencies. Students convicted of sexual assault will be subject to disciplinary actions at the College which may include suspension or dismissal.

Disciplinary Procedures for Sexual Assault: Procedures for handling student versus student allegations of sexual assault are outlined in the section on Disciplinary Procedures contained in the Statement of Student Rights and Responsibilities. Students who allege they have been sexually assaulted will file a report with the Dean of Student Development. The Dean of Student Development will conduct a thorough investigation of the incident, and based on the findings, will make the decision of what sanction is to be imposed. In cases where suspension and dismissal are imposed, the student accused of the sexual offense can appeal the Dean’s decision by requesting a review committee be convened to consider the appeal. The review committee procedures allow for due process and the protection of the rights of the accused and the complainant. The complainant and the accused are entitled to the same opportunities to have others present during any disciplinary proceeding. Both the complainant and the accused will be informed of the outcome of any institutional disciplinary proceeding that is brought alleging a sex offense.

In cases of sexual assault, steps will be taken to safeguard the identity of the complainant outside of the confidential proceedings or the disciplinary process, unless the complainant gives formal consent for his/her identity to be revealed. No part of the complainant’s sexual history shall be included as part of the disciplinary proceedings. All reported violations will be investigated.

Every effort will be made to maintain confidentiality and to protect the rights of the complainant and the accused.