Reporting Procedures for the University
Individuals are encouraged to report all sexual offense, stalking and/or domestic or dating violence incidents immediately either to the Department of Public Safety, a resident director, a resident assistant, a commuter assistant, the dean of students, the health center, or the counseling center. An incident report will be written and the dean of students or the assigned Administrative Support Person will provide necessary assistance, information on medical and counseling resources and information related to formal reporting procedures. In a sexual offense case, the victim may notify the Department of Public Safety whether or not he/she goes to the hospital for a rape examination. The victim should refrain from washing, using the toilet, and changing clothes in order to preserve evidence prior to a medical examination. However, in the event that the victim decides to file criminal charges, a hospital visit is necessary in order to collect evidence, through a rape examination. Staff will be available to accompany students to medical care. Personal information about the victim and records will remain confidential insofar as it does not interfere with the University’s right to investigate allegations of misconduct and take corrective action where appropriate.Victims of sexual offense, stalking, and/or domestic or dating violence by another student(s) are encouraged to report the incident(s) and use the resources of the dean of students on the campus where the incident occurred or one of the administrators identified on the resource list in the back of this brochure. An initial discussion will give the victim the opportunity to recount what has taken place and discuss how best to proceed. The dean or administrator will review the University’s formal reporting procedures and possible sanctions, the formal reporting procedures of the local police agency, and available medical and counseling resources. In addition, options for, and available assistance in, changing academic, living, transportation and working situations can be discussed and provided if so requested, and such changes are reasonably available. It is generally the victim’s decision whether to file a complaint or to continue with any form of resolution. Confidentiality will be respected insofar as it does not interfere with the University’s right to investigate allegations of misconduct and take corrective action where appropriate. For additional information regarding confidentiality, please see “Requests for Confidentiality” in the Title IX Grievance Procedures. If a victim elects to initiate a formal complaint against another student or group of students, the information may be put i writing and is then filed with the dean of students. Such a complaint would be handled in accordance with the University student conduct procedures outlined in the Student Handbook.
Complainants and respondents participating in the conduct process related to an alleged violation of the University’s Policy on Sexual Offenses will be assigned an Administrative Support Person (ASP).The ASP is a trained member of the University’s staff and will:
• carefully explain all support resources which are available to the student;
• arrange for any assistance he/she may need;
• accompany the student to relevant interviews, meetings, and proceedings as desired
and as permitted by outside entities;
• explain the investigation and conduct processes;
• provide documents relevant to the investigation and conduct processes.
After the initial report and once the University’s investigation/conduct process begins, complainants and respondents will be accompanied by the ASP (who cannot actively participate) and the complainant or respondent may also be accompanied by one advisor of his/her choice who may be present for related meetings or proceedings but cannot actively participate. Possible sanctions for students found in violation of sexual offense, stalking, and/or domestic or dating violence policies range up to and include suspension and/or expulsion from the University. Depending on the actual policy violation, the sanctions can include disciplinary reprimand, residence hall probation, student life probation, dismissal from the residence halls, university disciplinary probation, and suspension or expulsion from the University. Students subject to conduct sanctions that are appealable to the Student Conduct Review Council (SCRC), namely suspension or expulsion from the University, will follow the grievance process stated in the Student Handbook. Student complainants may file a written appeal to the Senior Vice President for Student Affairs. In a case where there is an allegation of a sexual offense, stalking, and/or domestic or dating violence, which constitutes a violation of the University Code of Conduct, both the victim and the student against whom the complaint is lodged shall be simultaneously informed in writing of the final outcome of a judicial investigation. Please refer to your student handbook for more information regarding reporting procedures and the University student conduct process.
The student conduct process for sexual offense, stalking, and/or domestic or dating violence situations will take no more than 60 days. Some cases are more rapid while others can take longer depending on the details of the case, the time of year and other factors. Fordham works to make things move as quickly as possible. If the process will take longer than 60 days, both the victim and the alleged perpetrator will be notified in writing as to the delay and the reason for the delay
Reporting Procedures for the Local Police Departments
The reporting of the incident to the police involves several aspects. If a victim calls the police to respond to the scene, a uniformed officer in a patrol car will go to the victim’s location. The victim may request that a specific gender officer respond, but there is no guarantee that a specific gender officer will be available. The police, however, should make every effort to accommodate the victim. For incidents involving possible sex crimes, the uniformed officers will generally notify a detective or a specialized unit staffed with personnel who are trained to gather information about sex crimes and explain the investigative procedures of the police department, including possible options available to victims of sex crimes. The local precinct detective squad will investigate stalking and/or domestic or dating violence offenses. In sex offense cases, the officers who respond to the call will want to examine the scene of the crime and obtain evidence (clothes, sheets, etc.). If the perpetrator is known to the victim, the police will want to interview the perpetrator and any witnesses to the incident. They will also encourage the filing of a formal complaint. If a victim would like to press criminal charges against the perpetrator, a hospital visit should be made as soon as possible. It is best that physical evidence be collected at the hospital as soon as possible. The police will encourage a hospital visitat the time of the incident and can assist the victim in securing necessary transportation to the hospital. If charges are filed but no arrest has been made, a victim may have the option to decline further prosecution. If the perpetrator already has been arrested and indicted, withdrawing charges may not necessarily be an option for the victim.
One final word: Anyone who suspects that someone on campus is in danger, should immediately notify the Fordham University Office of Safety and Security at (718) 817-2222.
Updated: August 2014