Counseling Services

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:

  1. 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.
  2. 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 BUPD.
    • 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 investigatory hearing.
    • 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 judicial process.
    • The alleged offender and accuser are afforded the same opportunity to have an advisor and parent/guardian present at a disciplinary proceeding.
    • The accuser is informed of the outcome of the disciplinary proceeding.
    • 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 University.

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 investigation.

  • 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 accused.