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Sexual Misconduct Policy and Procedures

VII. Reporting, Privacy, and Confidentiality

A. Reporting

The University encourages all members of the community to report incidents of sexual misconduct. All employees and faculty have certain mandatory reporting requirements listed below in Section (b). The purpose of reporting is so any victim of any sexual discrimination, sexual misconduct or sexual violence is properly supported by the University and the University can make efforts to stop the discrimination, prevent it from recurring, and remedy the effects.

All reported incidents are centrally tracked in order to review for patterns and to assist in stopping the recurrence of similar incidents. The Department of Public Safety can receive reports at any time, as it is 24 hours/7 days per week operation. When a person makes a report to a University employee who is required to report the incident, the Department of Public Safety will be notified as this department investigates reported incidents.

Good Faith Reporting: An individual who files a reasonable complaint in good faith of a suspected violation of the above referenced prohibited acts or brings forth information about such an act in honest belief, even if it may be found to be erroneous, will be covered by Fordham if done in good faith and will not be subject to discipline.

False (or) Malicious Reporting: The use of this policy for false, malicious, or frivolous purposes is strictly prohibited. Anyone who knowingly brings a false, malicious, or frivolous complaint against another University community member may be subject to disciplinary action.

Student Alcohol and Drug-Use Amnesty Policy When Reporting Sexual Misconduct

The health and safety of every student at Fordham University is of utmost importance. Fordham University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault, occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Fordham University strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Fordham officials or law enforcement will not be subject to adjudication under Fordham University’s Code of Conduct for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

Notification of Rights at the Time of First Disclosure:

At the first instance of disclosure by a reporting individual to an institution representative, the following information shall be presented to the reporting individual: "You have the right to make a report to the Department of Public Safety, local law enforcement, or State Police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution." This information is also printed on the inside cover of the main University publication for students related to sexual misconduct, the Campus Assault and Relationship Education (CARE) brochure.

a. Reporting on Campus

The Department of Public Safety can receive complaints 24 hours a day 7 days per week, 365 days per year. Please call the Department of Public Safety at 718-817-2222. Supervisors are former ranking members of law enforcement who have prior experience and training working with victims of all crimes.

There are professionals on campus who can assist and support any victim/complainant as soon as a report is received that outlines possible sexual misconduct. These employees are specifically trained to respond appropriately. There will be an initial discussion with the complainant who can provide a recount of what has taken place and discuss how best to proceed. An Administrative Support Person (ASP) will be assigned by the Office of Residential Life/Dean of Students to both the student-complainant and student-respondent to assist and support both students through the process, even if the student complainant decides not to proceed internally with a student conduct process. The Department of Public Safety will investigate and draft an incident report.

Non-students will be provided similar information as described below but are not typically assigned an Administrative Support Person. However, the Title IX Coordinator or designee will assist non-student complainants and respondents with assistance in obtaining medical and counseling support, interim measures where warranted, and other services as needed after a report.

The Administrative Support Person or other administrator will explain the various options and support resources available, including but not limited to:

  • Medical and counseling resources;
  • Explain the University’s sexual misconduct procedures and policies against intimidation and retaliation and provide documents and information relevant to the conduct process;
  • Standard of proof during the internal conduct process and possible sanctions;
  • How to report the incident to the local police or prosecutor or seek other types of civil relief;
  • Interim measures for possible accommodations and options for changing academic, living, transportation, and working situations if such changes are warranted under the circumstances and reasonably available.

Complaints by students against other students (students include full-time, part-time, undergraduate, graduate or non-matriculated students)

DURING BUSINESS HOURS: should be brought to the Dean of Students for the campus at which the student is enrolled or the Deputy Title IX Coordinator;

ANY TIME DAY OR NIGHT: to the Department of Public Safety (24/7, 365 days a year). The Department of Public Safety conducts the investigation for all Title IX cases involving complaints by students against other students (or) where a student is subject to student conduct sanctions by this Sexual Misconduct Policy and Procedures. The Deputy Title IX Coordinator or the Dean of Students conducts the student conduct process and, if necessary, will impose student conduct sanctions for students who are found in violation of these policies.

If you are a student at the Rose Hill Campus or the Calder Center, you may contact:
Christopher Rodgers, Assistant Vice President and Dean of Students at Rose Hill
McGinley Campus Center 242
718-817-4755
deanrodgers@fordham.edu

If you are a student at the Lincoln Center or Westchester Campuses, you may contact:
Keith Eldredge, Assistant Vice President and Dean of Students at Lincoln Center
140 W62 Building G33
212-636-6250
eldredge@fordham.edu

If you are a student on any Campus, you may contact:
Michele Burris, Associate Vice President for Student Affairs
Deputy Title IX Coordinator
Keating Hall, Room 100
718-817-4750
mburris@fordham.edu

Please Note: The Department of Public Safety can receive complaints 24 hours a day 7 days per week, 365 days per year, in person, by telephone and/or through the confidential online reporting system. Reports of sexual misconduct can also be filed directly with the Title IX Coordinator.

Complaints against Faculty, Staff, or Third Parties should be brought to the Title IX Coordinator (or) to the Human Resources Department during business hours (or) to the
Department of Public Safety at any time. This includes students, staff, faculty and third parties bringing allegations against staff, faculty, and third parties.

Kareem Peat
Title IX Coordinator
Rose Hill Campus, Cunniffe House, Room 114
718-817-3112
TitleIX@Fordham.edu

Complaints occurring at London Centre should be brought to the Associate Head of the London Centre. Complaints may also be brought to the New York-based Department of Public Safety at +1-718-817-2222 or to Kareem Peat, Title IX Coordinator at +1-718-817-3112 or at TitleIX@fordham.edu. Complaints may be filed electronically by visiting the top-right section of the“Home” tab on my.fordham.edu. and filling out a Public Safety Incident Report.

Please note: The Department of Public Safety can receive complaints 24 hours a day 7 days per week, 365 days per year, in person, by telephone and/or through the confidential online reporting system.

When the University receives a report from a student that he or she has been the victim of sexual misconduct including dating violence, domestic violence, sexual assault or stalking, whether the offense occurred on or off campus, the University will provide the reporting individual with a written explanation of his or her rights and options in the form of the Campus Assault and Relationship Education brochure; that includes the Student’s Bill of Rights and Notification of Rights at the Time of First Disclosure. The University will provide the reporting individual with written notification regarding existing counseling, health, mental health, victim advocacy, legal assistance, student financial aid and other services available for victims both within the University and in the community. If the reporting individual is not the complainant, and the identity of the complainant is made known to the University, the University will provide written notification to the complainant in the form of the Campus Assault and Relationship Education brochure.

A reporting individual shall be advised of his or her right to have emergency access to the Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a reporting individual to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible, and detailing that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney. Such official shall also explain whether he or she is authorized to offer the reporting individual confidentiality or privacy, and shall inform the reporting individual of other reporting options. Any questions about whether the incident violated the Penal Law can be addressed to Public Safety, law enforcement or the District Attorney.

Reporting individuals are entitled to a plain language explanation of confidentiality which shall, at a minimum, include the following: Even Fordham offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed

The University will ensure that Reporting Individuals have information about resources including intervention, mental health counseling, and medical services, which shall include information on whether such resources are available at no cost or for a fee. The University will also provide information on sexually transmitted infections, sexual assault forensic examinations, and resources available through the New York State Office of Victim Services.

Use of a Designee as the Investigator, Finder of Fact and / or Adjudicator in a Conduct Proceeding: The University may, at its discretion, designate another trained/experienced person(s) to act in the place of the Title IX Coordinator, the Department of Public Safety, Deputy Title IX Coordinator or Vice President overseeing the employee as the investigator, finder of fact, and/or adjudicator in a conduct process. If there is a designation, the parties involved will be informed.

b. Mandatory Reporting: The University’s Expectation for Faculty and Staff to Report

A responsible employee is a University employee who has the authority to redress sexual misconduct, who has a duty to report incidents of sexual misconduct, or who a student could reasonably believe has this authority or duty. This definition encompasses virtually every University employee, including all faculty, staff and administrators with the exceptions noted below.

A responsible employee must report all relevant details about the learned incident to the Title IX Coordinator or the other offices designed to streamline the accepting of reports, provide support and possibly commence an investigation which are: The Deans of Students for the Campuses, the Deputy Title IX Coordinator, and the Department of Public Safety. These offices will provide the reported information to the Title IX Coordinator for centralized review. When a Faculty or Staff member is told, observes, obtains knowledge, learns of or reasonably suspects that another member of the Fordham community is a victim/survivor of sexual misconduct, the following reporting procedures apply and must be reported as soon as reasonably possible. It is imperative that the Department of Public Safety, the Deans of Students, the Deputy Title IX Coordinator, and/or the Title IX Coordinator are informed to ensure the victim/survivor is provided with Notification of Rights at the time of first disclosure.

The only Fordham employees who are exceptions to the Mandatory Reporting requirement are: professional counselors and pastoral counselors working as such at the University’s Counseling and Psychological Services (or) in Campus Ministry whose official responsibilities include providing mental health counseling to University students, including those who act in that role under the supervision of a professional counselor, and University Health Services medical providers (see below Section 3: Speaking with a Confidential Resource and Not Reporting to the University).

State law requires professional counselors to report: (i) when a patient is likely to engage in conduct that would result in serious harm to the patient or to others; or (ii) if there is reasonable cause to suspect that a minor has been sexually abused. Please see the section below regarding Confidentiality and Privacy for further information.

*If unclear whether or not information MUST be reported, it is better to call the Title IX Coordinator or Deputy Title IX Coordinators (business hours) or the Department of Public Safety (24/7) who can assist you for proper next steps.

When there is a Student who is a Victim / Survivor of Any Sexual Misconduct:
All faculty and staff members MUST report the following incidents when a student is a victim / survivor and they observe, obtain knowledge, learn of, or reasonably suspect:

  • Any form of sexual harassment (verbal or physical)
  • Rape / sexual assault
  • Dating violence and domestic violence
  • Stalking
  • Forcible touching
  • Sexual exploitation
  • Other sexual misconduct

*Please see Section VI. for conduct covered by this policy if unsure of the definitions listed above.

When there is a Faculty or Staff Member who is a Victim / Survivor of a Violent Act:
All faculty and staff members MUST report the following incidents when a faculty or staff member is a victim / survivor of:

  • Any form of non-consensual physical sexual act including but not limited to rape, sexual assault or forcible touching which is considered a “violent act” under this policy;
  • Dating Violence and Domestic Violence; see Section VI. for conduct covered by this policy if unsure of the definitions.

When there is a Faculty Staff Member who is a Victim / Survivor of a Non-Violent Act:
All faculty and staff members shall report any non-violent sexual act, including but not limited to:

  • Verbal sexual harassment
  • Gender Discrimination
  • Sexual Exploitation

When Department Heads, Area Chairs and Employees with Supervisory Authority over Others Learn of any Form of Prohibited Sexual Misconduct (Verbal or Physical):
The Supervisor MUST report the information to the Title IX Coordinator, Human Resources or the Department of Public Safety. The employee can simultaneously report this information to their own supervisor, however, it is required that it be reported to the Title IX Coordinator, Human Resources or the Department of Public Safety as soon as reasonably possible.

c. Speaking with a Confidential Resource and Not Reporting to the University:
Many victims of domestic violence, dating violence, stalking, sexual assault, or other sexual misconduct experience acute stress after an assault of such an incident. Survivors also sometimes blame themselves or feel ashamed, angry, or confused. Many find it helpful to talk in a supportive, confidential context. There are staff members in certain offices on campus and also off-campus resources available for people to speak with a confidential resource when a person chooses not to report an incident to the Department of Public Safety, the Title IX Coordinator, the Deputy Title IX Coordinator, or the Deans of Students for the campuses. Those staff members at Fordham include professional counselors in Counseling and Psychological Services, pastoral counselors in the Office of Campus Ministry, and medical providers in University Health Services.

It is important to note that confidential counselors in these offices will not be able to directly provide other accommodations and support that Public Safety, the Deans of Students, the Deputy Title IX Coordinator, or the Title IX Coordinator can arrange (i.e., changes in academic scheduling, living, transportation and working accommodations).

Counseling and Psychological Services:
Rose Hill Campus: 718-817-3725
Lincoln Center Campus: 212-636-6225
Westchester Campus: 914-367-3733
Calder Center: Please use the Westchester phone number

Office of Campus Ministry:
Rose Hill Campus: 718-817-4500
Lincoln Center Campus: 212-636-6267
Westchester Campus: 914-367-3420
Calder Center: please use the Westchester phone number

University Health Services:
Rose Hill Campus: 718-817-4160
Lincoln Center Campus: 212-636-7160
Westchester Campus: please use the Rose Hill Campus number
Calder Center: please use the Rose Hill Campus numbers

Off-Campus -- 24/7 Confidential Hotlines:
RAPE Crisis Hotline 914-345-9111
Safe Horizon’s Rape/Sexual Assault and Incest Hotline 212-227-3000
NYC Domestic Violence Hotline 800-621-HOPE (4673)
Gay and Lesbian Anti-Violence Project 212-714-1141
Crime Victim’s Hotline 212-577-7777
New York State Domestic Violence Hotline (800) 942-6906
New York State Office of Victim Services (800) 247-8035 or www.ovs.ny.gov

International Resources:
Rape Crisis National Helpline—London: 0808 802 9999
International Directory of Domestic Violence Agencies: http://www.hotpeachpages.net/a/countries.html
Sexual Assault Support and Help for Americans Abroad (SASHAA): https://sashaa.org/

d. Reporting Options Outside the University to the Police, a Local Prosecutor and / or Seeking Medical Treatment at a Local Hospital
Medical Treatment: Anyone who is physically injured or raped should seek a medical examination to determine the extent of injuries. It is also important to understand that physical evidence collected in a rape examination (i.e. a rape kit) is a way to preserve evidence should anyone want to pursue criminal charges with the police or a local prosecutor at a later time.

Hospitals: *The hospitals listed below conduct sexual assault examinations*

Rose Hill Campus:

  • Jacobi Medical Center—Pelham Parkway South, Bronx, NY, 718-918-5000
  • North Central Bronx Hospital—3424 Kossuth Ave., Bronx, NY, 718-519-5000

Lincoln Center Campus:

  • Mt. Sinai Roosevelt Emergency Room—59th St. on Ninth and Tenth Aves., NY, NY 212-523-6800
  • Mt. Sinai/St. Luke’s, Emergency Room—1111 Amsterdam Ave., NY, NY 212-523-3335

Westchester Campus:

  • Westchester County Medical Center—100 Woods Rd., Valhalla, NY, 914-493-7000

Calder Center:

  • Westchester County Medical Center—100 Woods Rd., Valhalla, NY, 914-493-7000

London Centre:

  • The Haven—Whitechapel, Royal London Hospital, Whitechapel, London, E1 5DG, 020 7247 4787
  • The Haven—Paddington, Imperial College Healthcare NHS Trust, Praed Street, London, W2 1NY, 020 3312 6666
  • The Haven—Camberwell, King’s College Hospital, Denmark Hill, London, SE5 9RS, 020 3299 9000

Law Enforcement / Local Prosecutor: A victim of any criminal sexual offense has legal recourse outside the University and can commence civil or criminal proceedings against the offending person(s). Many of the prohibited behaviors of the University’s policies are also violations of New York State criminal laws where a person can be charged criminally with rape, sex abuse, stalking, and other charges. If convicted of such crimes, a person can be subject to severe penalties, including imprisonment for up to 25 years. If the action takes place outside New York, a person is subject to the criminal laws of the applicable jurisdiction.

Family and Civil Court: Additionally, Family Court is a civil court option where a person can seek a civil court order of protection in many circumstances. University administrators and / or the Department of Public Safety can assist any victim in the finding of resources, accompanying a person to court, and in initiating a legal proceeding in family court or civil court.

  • The Bronx County Family Court is located at 900 Sheridan Ave, Bronx NY 10451 (corner of 161 Street).
  • The Westchester Family Court is located at 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601.
  • The Manhattan Family Court is located at 60 Lafayette St., New York, NY 10013.
  • The Bronx Civil Court is located at 851 Grand Concourse, Bronx, NY 10451.
  • The Manhattan Civil Court is located at 111 Centre Street, New York, NY 10013.

Law Enforcement:

  • Rose Hill Campus: 48th Precinct—450 Cross Bronx Expressway, Bronx, NY 718-299-3900
  • Lincoln Center Campus: 20th Precinct—120 West 82nd St., New York, NY 212-580-6411
  • Westchester Campus: Harrison P.D.—650 North Street, Harrison, NY 914-967-5110
  • Calder Center: North Castle Police Department —15 Bedford Road, Armonk, NY 914-273-9500
  • NY State Police: 24-hour hotline for reporting sexual assault on NY college campuses (844) 845-7269
  • NYPD Special Victims Division: (646) 610-7272
  • London Centre: Dial 112 or 999 for assistance.

A person may report an incident to either the police or the University, or to both simultaneously. A complainant has the right to have the institution’s process run concurrently with a criminal justice investigation: The filing of a complaint of sexual misconduct under this Policy is independent of any criminal investigation or proceeding. The University will not wait for the conclusion of any criminal investigation or proceedings to commence its own investigation or to take any necessary interim measures to protect the complainant and the University community. However, the University may temporarily delay its investigation to enable law enforcement to gather evidence and to engage in a preliminary investigation of sexual misconduct matters that may also violate the state criminal code.

There may be times when the Department of Public Safety or another administrator may contact the police regarding the nature of an alleged incident. However, it is always the complainant’s decision as to whether or not to cooperate with any police or University investigation. The Department of Public Safety and other administrators stand ready to assist in reporting incidents to the police or local prosecutors.

A Plain Language Explanation of Distinctions Between the New York State Penal Law and the Fordham University Disciplinary Processes

  Criminal Justice System University Disciplinary System
Goals Safety
Deterrence
Punishment
Education
Safety
A safe and supportive campus
Governing Law New York State Penal Law
New York State Rules of Criminal Procedure
Federal Criminal Law
Federal Rules of Evidence
Title IX
The Clery Act, Amended
New York State Education Law Sections 129-a and b
How to Report Crimes Involving sexual violence may be reported to:
  • Fordham University Public Safety
  • New York City Police Department
  • Local Police
  • New York State Police
  • Federal Law Enforcement Agents
Victims may disclose sexual violence to:
  • Department of Public Safety (non-confidential)
  • Dean of Students (non-confidential)
  • Title IX Coordinator (non-confidential)
  • Counseling and Psychological Services (confidential)
  • Pastoral Counselors in Campus Ministry (confidential)
  • University Health Services (Confidential)
Will there be an investigation? Determination is made by law enforcement agency. An investigation may be conducted without the consent or participation of a reporting individual. The ultimate decision whether to have a criminal prosecution is made by a prosecutor. Disclosures made to a Confidential Resource will not trigger an investigation. A decision to investigate disclosures made to the Title IX Coordinator and other Non-Confidential Resources will be investigated only if deemed necessary after weighing a request for confidentiality against the continuing safety of the reporter and best interest of the campus community.
Who Investigates? Police or law enforcement Investigators, employed or retained by Fordham, in different departments including, but not limited to, Public Safety and Student Affairs
Procedures Governing state or Federal law University policies and bylaws, which incorporate requirements of governing law
Standards of Evidence Crimes must be proven "beyond a reasonable doubt" A violation of disciplinary rules must be found by a "preponderance of evidence," which basically means "more likely than not" the conduct occurred.
Confidentiality/Privacy A criminal charge and trial must be public. Fordham offers confidential resources and disciplinary proceedings are kept as private as possible but pursuant to law. Relevant information must be shared with those involved.
Who are the Parties? The Prosecution and the Defendant. The victim is not a party. The reporting individual (also referred to as the complainant) and the accused (also referred to as the respondent). The University acts as the finder of fact.
Participation in the Process A criminal prosecution can proceed without the participation or cooperation of the reporter, but the burden of proof is harder to achieve Reporting students cannot be required to participate in the University process. The University will be limited in its ability to respond if the reporting individual does not participate.
Who Initiates Proceedings? A Prosecutor The University
Testimony Generally Public.  Witnesses/reporters can be cross-examined. Reporter's testimony is private. No cross examination.
Role of Attorneys Both state and defendants are represented by counsel. Parties may be advised by attorneys but can only speak with their client.
Mental Health/Sexual History Generally, but not always, a reporter's prior sexual and mental health history is inadmissible in a criminal case. Generally not admissible but subject to very limited exceptions. Education Law 129-b permits a party to exclude information of their prior sexual history with persons other than the other party.  Evidence of mental health history is also excluded in the fact finding phase of the disciplinary process.
Possible Results Defendant may:
  • plead guilty
  • have case dismissed
  • be charged guilty or not guilty by a judge or jury
If there is a formal proceeding, the respondent may be found “responsible” or “not responsible” for violations of university policy.
Sanctions Fined, imprisoned or both Sanctions range from a warning to suspension or expulsion from the University

B. Privacy and Confidentiality

The University strongly supports a person’s interest in confidentiality who is involved in sexual misconduct matters.

Be aware that only those officials in Campus Ministry and Counseling and Psychological Services who are providing pastoral or professional counseling and medical providers in University Health Services can accommodate requests for confidentiality. The University requires all other employees, including all faculty, staff and administrators, to report learned instances of sexual misconduct to appropriate University officials (please see Reporting Section A for more details). However, even those University offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator, Deputy Title IX Coordinator, Deans of Students, Department of Public Safety or designee to investigate and/or seek a resolution.

Even if a person does not ask for confidentiality, these matters are considered private and are shared with a limited number of employees who have a “need to know” and are responsible for the University’s response, including taking appropriate steps to respond to what happened, supporting complainants, respondents, witnesses, and resolving the matter promptly and fairly. To the extent practicable and appropriate to the circumstances, investigatory and resolution procedures, as well as appeal procedures, shall be held in strict confidence to reasonably insure the privacy of the parties concerned and to offer as much protection as reasonably possible to the careers and reputations of the parties involved.

The Family Educational Rights and Privacy Act (FERPA) allows a University to share information with an individual’s parents if there is a health or safety emergency or if the individual is listed as a dependent on either parent’s prior year federal tax income form. However, the University will generally not share information about a report of domestic violence, dating violence, stalking, or sexual assault with parents without the reporting individual’s permission.

1. Requests for Confidentiality and Requests to the University Not to Investigate:
If a person discloses an incident or reports an incident of sexual discrimination or sexual misconduct to the University but then wishes to remain confidential or does not want the
University to proceed with an investigation, the University will attempt to honor and abide by a person’s wishes.

  • By honoring such a request, the University will not be able to meaningfully investigate and pursue misconduct proceedings or disciplinary proceedings to find anyone responsible for the violation.
  • The University will provide support and accommodations, such as information about counselors and advocates, and shall assist with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of reporting choices, as much as possible under the circumstances.

2. The University May Not Always Be Able to Honor a Request Not to Investigate:
In some limited circumstances, the University may not be able to honor the request for the University not to investigate. The University may elect to conduct its own investigation when the University determines in good faith that it is in the best interest of the community to do so. The person investigating the matter, the Department of Public Safety, after consultation with the Title IX Coordinator, the Deputy Title IX Coordinator, and Deans of Students, will weigh the request not to proceed against the University’s obligation to provide a safe, non-discriminatory environment for the entire community and decide whether the request can be honored.

Some, not all, of the factors that are reviewed when determining whether or not the University has an overriding responsibility to proceed against someone’s wishes not to proceed
or to remain confidential, include:

  • an increased risk that someone will commit additional sexual misconduct or other relevant misconduct;
  • whether the respondent has a history of violent behavior or is a repeat offender;
  • whether the incident represents an escalation in and unlawful conduct on behalf of the respondent from previously noted behavior;
  • whether the accused used a weapon or force;
  • whether the reporting individual is a minor;
  • whether the University has other means to obtain relevant evidence.

If possible, the University will make attempts to inform the complainant prior to proceeding with an investigation after a person requests that the University not investigate. The University may proceed with an investigation and the adjudication process where someone could be found responsible for a policy violation even when a complainant does not participate and does not want to proceed.

If, after considering these factors, the University determines that it is able to respect the complainant’s request for confidentiality, the University will nevertheless take all reasonable steps to respond to the complaint consistent with the complainant’s confidentiality request, and will determine whether interim measures are appropriate or necessary. The University will also consider broader remedial action, such as increased monitoring, supervision of security at locations where the reported sexual misconduct occurred, increasing training, education and prevention efforts, and conducting climate surveys.

The University may, under certain circumstances, be required by law to report and/or file a complaint with external authorities. However, any complainant or witness can decide whether or not to cooperate or even speak with the police as it is not required.

3. Sexual Assault Public Awareness Events: The University Will Not Investigate
The University is not obligated to begin an investigation based on information that a person chooses to share during public awareness events that are designed and intended to be safe spaces for survivors to share experiences. These events could include candlelight vigils, “Take Back the Night,” protests, or other public events. The University may also decide to use the information learned to inform its efforts for additional education and prevention efforts.