Nov. 14, 2002 Online Since 1996 Vol 77 No. 21
Faculty Senate passes rape kit legislation Jennifer Brannock
Faculty Senate Beat
   A motion to extend the duration of suspension for students convicted of a sexual offense from two semesters to eight semesters narrowly passed in Appalachian State University’s Faculty Senate meeting Monday evening with a vote of 8-7-7.
    Student Government Association President Ryan M. Eller presented two pieces of legislation to the Faculty Senate pertaining to the extension of punishment for convicted rapists and the availability of rape kits at Student Health Services.
    The Student Government Association voted unanimously last year on both pieces of legislation, but they were rejected by Vice Chancellor for Student Development Gregory S. Blimling last summer.
    “Victims would have a greater sense of security in continuing their education at Appalachian,” said T. Patrick Rardin, senator for the Department of Philosophy and Religion.
    Currently, students convicted of a sexual offense, which is defined in the Student Code of Conduct as “rape or molestation,” are suspended from Appalachian for two semesters. Supporters of the motion felt suspending the convicted student for eight semesters would give the victim ample time to graduate from the university without feeling unsafe in the presence of their attacker.
    A rape conviction resulting in suspension from Appalachian can come from either a state or civil court or from Appalachian’s Department of Judicial Affairs. Numerous senators showed great dissatisfaction with the judicial board’s conviction process and questioned the board’s authority to rule on matters such as rape.
    Andrew M. Koch, senator for the Department of Political Science and Criminal Justice, spoke adamantly against allowing judicial affairs the power to rule on matters of such importance. Koch said he is concerned about the rights of the accused and is not comfortable with rape being a part of their jurisdiction.
    “I have no faith that justice comes out of these judicial hearings,” Koch said.
    The motion to make rape kits available at Student Health Services was more favorable to the Faculty Senate, and it passed by a vote of 20-2-0.
    Unfavorable remarks were made concerning the high cost of the kits and the extensive training and availability of the health services staff. Questions were also raised about the quality of an on-campus facility to administer these extensive tests, and whether or not a student would be subjected to an inadequate center on campus.
    “We’re talking about having something fully comparable to a professional environment,” said Margaret A. Yaukey, senator for the Department of Art. “Would we not be encouraging people to come and use our substandard facility and then compromise the evidence in court because it was collected in a substandard facility?”
    Rape kits cost approximately $300 to administer and take up to six hours. Currently students are referred to Watauga Medical Center where the expense of administering the kits ranges anywhere from $300-$600 and is not covered by students’ health insurance.
    “I’m assuming that students would be more encouraged to go through this six-hour evidence-collecting process by somebody here on campus than they would at the hospital,” said Stella E. Anderson, senator for the Department of Management.
    If the kits were administered at Appalachian’s Student Health Services, the university would absorb the cost, which speakers in favor of the motion said they hope will encourage more victims to come forward after being raped.
    “My thinking is that part of the issue here is to lessen the burden on the victim,” Rardin said. “The thinking is that the student should be spared [additional burden] and should be able to have this done as conveniently as possible. The woman has been raped presumably on this campus, a campus we’ve encouraged her to come to. Can we take care of her when she’s been victimized?”
    Numerous senators expressed interest in investing the university’s money into making rape kits available on campus and urged the administration to create an above-average environment for administering the tests so as not to damage the evidence or burden the victim.

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