Criminal & Campus Judicial Process
University Judicial Process for Sexual Misconduct Cases
The University will investigate every allegation of sexual
misconduct which the accuser reports to the University police
department, Student Affairs, or Human Resources Management and
Development. Accusations related to the conduct of students will be
addressed through the campus judicial system, coordinated by
Student Affairs. Options to address sexual misconduct related to
student behavior include:
- A university official may discuss the allegations with the
alleged offender, without revealing the identity of the accuser
unless it is unavoidable or the accuser's consent has been given.
Although it is desirable to have the accuser consent to the
discussion between the university official and the alleged
offender, the university official may determine that it is
necessary to engage in a discussion with the alleged offender and
take remedial action in order to properly address the report and to
fulfill the university's responsibilities.
- The university may pursue the matter through the university's
student discipline process.
- In order to pursue this process, a written or oral complaint
alleging behavior which constitutes sexual misconduct should be
presented by the accuser. The complaint will be investigated by
- If there is sufficient evidence, the appropriate university
official of the University shall initiate student disciplinary
charges against the accused student and proceed with an
- If the accuser and the accused student are in the same
residence or in close proximity to one another, the accuser may
request, if possible, a reassignment or a move be initiated.
- As appropriate, the accuser will be kept informed during the
- The alleged offender and accuser are afforded the same
opportunity to have an advisor and parent/guardian present at a
- The accuser is informed of the outcome of the disciplinary
- Sexual misconduct is considered a serious offense by the
University and will result in serious consequences for the
offender. Sanctions against students found to have violated these
policies can include, but are not limited to, counseling, campus
restrictions, suspension, dismissal and/or separation from the
Criminal Justice Prosecution Process
An officer from the University police department can be called
to accompany the student to the hospital for an exam. If a victim
chooses to file a report with the University police department, the
initial responding officer will interview the victim, obtaining the
facts surrounding the incident. If the victim wishes, a sex crimes
detective may be contacted who will respond to the location of the
survivor. The detective will interview the survivor in much greater
detail. If the assault took place within 72 hours, the detective
will encourage the victim to undergo a forensic exam for the
collection of evidence that will allow a more thorough
investigation to take place. The detective will also promote the
availability of counseling through the Legacy House.
If a suspect is immediately arrested or if a warrant can be
issued for a suspect, the case will be forwarded to a court where
it will be assigned to a sex crimes prosecutor. If there is no
immediate arrest the case will be referred to a prosecutor to
determine if there is probable cause for criminal charges. Once a
prosecutor is assigned, the survivor will have less
interaction with the detective and the prosecutor will become the
lead person as the prosecution phase continues. However, the
survivor should always consider the University police department
detective a good resource if any questions develop.
If criminal proceedings occur, the victim may be required to
testify at a deposition hearing in front of the prosecuting and
defense attorney. The victim may also be required to testify in
open court if the case were to go to trial. The entire criminal
justice process could last up to one year.
It is in the best interest of the victim to consider the
following items if he or she is considering entering a criminal
- After the assault, do not shower, douche, eat, drink, brush
teeth or smoke.
- Do not wash clothing or bedding as it may be collected for
forensic evidence purposes. Make sure that these items are placed
in a paper bag (not plastic) if collected as evidence.
- Know who you may have discussed the incident with prior to
contacting the police.
- Be prepared to speak about contact history with the