University Resource Guide
Appalachian State University
In Case of Rape or Sexual Assault Call:
Emergency Services Available 24 Hours a Day
Counseling Center: 262-3180/262-8000 (evening/weekend)
University Police: 262-8000
Watauga Medical Center: 262-4100
Dean of Students: 262-2060
Health Services: 262-3100
Judicial Affairs: 262-2704
Residence Life: 262-2160
Sexual Assault Prevention: 262-6252
Table of Contents
Sexual Assault Policy……………..……………………………………………….3
Responding to Allegations of Sexual Assault…..………………………………….4
Notification and Reporting Procedures…………………………………………....5
Rights of Victims…….………………………………………………………….…6
Options for Victims…………………………………………………………….….6
Rape Victims Assistance Program…………………………………………………7
Rights and Responsibilities of Victims, Judicial…….……………………….……8
Rights and Responsibilities of the Accused, Judicial…………………………...…9
Procedures for On-Campus Disciplinary Action……………………………..…..10
The Clery Act…………………………………………..…………………………11
Public Records and Public Information……………………………………..….…12
North Carolina Crime Victim’s Rights Act…………………………….….……..12
Reports to Student, Staff and Faculty ………….……………………….……….14
Counseling and Psychological Services……………………………………….….15
Sexual Assault Prevention……………………………………………………...…16
Housing and Residence Life……………………………………………………...18
Appalachian State University Sexual Assault Policy
Appalachian State University seeks to create a community that is conducive to learning and
personal growth. In order for this to be achieved, the environment of the campus needs to be one
in which students feel safe and secure in their surroundings and free to explore the variety of
opportunities available to them. Acts of rape and sexual assault pose a serious threat to the spirit
of community, and as such, Appalachian State University prohibits rape and all forms of sexual
A person violates the Appalachian State University sexual assault policy if s/he engages in
sexual activity with a person by force and/or against the person’s will or when the person is
mentally or physically incapable of giving consent.
Sex acts are defined as sexual activity including but not limited to vaginal intercourse,
cunnilingus, analingus, fellatio, anal intercourse, and any insertion of any object into another’s
genital or anal opening.
Sexual assault and sexual misconduct are general terms that describe all kinds of unwanted
sexual contact including but not limited to the touching of the breasts, genitals or buttocks. Rape
is specifically defined as a forcible act that involves vaginal intercourse.
Rape and most acts of sexual assault, whether committed by a stranger, friend, or steady dating
partner, are criminal offenses subject to prosecution under North Carolina law. Furthermore,
these acts are violations of the University Student Code of Conduct and may be referred to the
Office of Judicial Affairs for possible sanctions.
For the purpose of this document, those who file charges or otherwise make allegations of
inappropriate behaviors will be referred to as “victim(s)” or “complainant(s)” and those who are
the object of complaints will be referred to as the “accused.” This document does not imply a
presumption of guilt or innocence for either party. This document simply describes the process
for all involved.
Responding to Allegations of Sexual Assault
If a student comes to a staff member with an allegation of sexual assault directed against that
student or another student, the staff member should first ask if the victim has physical injuries
that require immediate medical attention and respond appropriately.
When addressing the issue of sexual assault, refer the concerned party to these options:
Students may receive confidential crisis services at the Counseling and
Psychological Services Center.
Victims or another witness may make a report to the University Police or
appropriate law enforcement office.
A concerned party may elect to see both a staff member from the University Counseling and
Psychological Services Center and make a report to the University Police. This will be the
If the student makes a police report, University Police will advise her/him of the procedure to be
followed. If the assault took place on the Appalachian campus, an investigation will be
conducted by University Police. If it happened off-campus, University Police will assist the
student in reporting to the appropriate off-campus law enforcement agency.
University Police will advise the student that an investigation of the allegation will take place.
After the investigation is concluded, the investigation material may be sent to the District
Attorney for possible prosecution only if the victim consents (except in the rare case that public
safety is a concern). After the District Attorney has determined if the evidence is sufficient to
pursue criminal prosecution, the victim and the accused will be advised of the findings and their
A student may elect to pursue Code of Student Conduct charges for sexual assault against
another student only after the completion of the police investigation.
A student who chooses to file sexual misconduct charges against another student following the
investigation and/or District Attorney review may do so by contacting the Office of Student
Judicial Affairs. The Director of the Office of Student Judicial Affairs or another designee will
review the evidence collected from the police investigation and make a determination as to
whether or not the evidence is sufficient to support a charge of misconduct under the Code of
Student Conduct. If the evidence is insufficient, charges of misconduct will not be brought
against the student.
Notification and Reporting Procedures
Victims of rape or sexual assault are encouraged to report the incident to the Appalachian State
University Police Department as soon as possible. Timely notification helps the police in
conducting their investigation and it provides a better chance of successful prosecution. If the
incident took place off campus, the University Police will assist in notifying the appropriate law
Victims of sexual assault/rape may have injuries and should seek medical attention immediately.
Victims may be in shock or otherwise be unaware of internal and external injuries. Victims can
also be treated for sexually transmitted infections and other potential consequences of rape. The
University Police will provide transportation to the Emergency room at the Watauga Medical
Center for all victims of rape or sexual assault.
If a student is uncomfortable or unsure about contacting the University Police first, then the
victim is strongly encouraged to report the sexual assault to a trusted friend or family member or
to one of the following University Officials: a Resident Assistant or Resident Director, the Dean
of Students, a counselor at the University Counseling and Psychological Services Center, a nurse
or physician at the Student Health Services Center.
Students are encouraged to report the sexual assault and have it documented, even if the student
is not sure about filing formal criminal charges.
Rights of Victims
If you believe you are a victim of sexual assault on campus, Appalachian State University will
endeavor to ensure you are accorded the following rights:
To have any allegations of sexual assault treated seriously.
To be treated with dignity.
To be free from any pressure from University personnel to:
- Report crimes if you do not wish to do so* (see University Police section).
- Report crimes as lesser offenses than you perceive them to be.
- Refrain from reporting crimes for any reason, including unwanted publicity.
To be notified of University and Community based medical, counseling, mental health and
student resources for victims of sexual assault.
To have access to University Counseling under the same terms and conditions that apply to
other students seeking such counseling.
To be informed of and assisted in exercising any rights to confidential or anonymous testing
for sexually transmitted diseases, human immunodeficiency virus, and/or pregnancy.
To receive full and prompt cooperation and assistance of University personnel in notifying
the proper authorities.
To receive full, prompt and professional cooperation of University personnel with regard to
obtaining, securing and maintaining evidence, including a medical examination when it is
necessary to preserve evidence of the assault.
To expect University personnel to take reasonable and necessary actions to prevent further
unwanted contact by the accused.
To be notified of the options for and provided assistance in changing academic and living
situations if such changes are reasonably available.
Options for Victims
After a student has made an allegation of sexual assault to any University official (as listed on
page 5), it is strongly recommended that the guidelines listed below be followed to avoid
compromising legal or judicial options.
The victim should be advised not to contact the accused and not to discuss the charge with
friends with the intent to encourage their contacting the accused. At times, friends or family
members have contacted the accused to speak on behalf of the victim. Such contact may
constitute harassment and/or obstruction of justice and could result in criminal charges or civil
liability. While the victim should feel free to seek assistance and guidance from family and
friends, it is not in the victim’s best interest to encourage or authorize behavior that could be
perceived as harassment of the accused.
If the victim and the accused are in the same classes and/or in the same residence hall,
University personnel will endeavor to work with both parties to minimize contact.
It is strongly encouraged that victims contact a counselor at the University Counseling
and Psychological Services Center. Assistance in making an appointment will be
provided. Quite often, students find this helpful as they struggle to deal with the situation.
If the victim believes that his/her academic performance has been affected by the assault
or if a victim needs to change his/her class schedule, the Dean of Students will contact
professors upon request and will share with professors only information that the victim
wishes to have shared.
Rape Victim Assistance Program
The General Assembly authorized funds in 1981 for a program to provide financial assistance for
victims of rape, attempted rape, sexual assault, or attempted sexual assault and who report the
crime within 72 hours to the proper law enforcement officials. The program is administered by
the Division of Victim and Justice Services and will provide up to $1,000 for immediate and
short term medical and hospital expenses, including mental health and ambulance services in the
treatment of a victim of a rape or sexual assault.
Bills are to be filed by the hospital and payments are made directly to the attending hospital or
physician. The program will also coordinate benefits with any applicable insurance plan or
Ask the emergency room staff or business office about coverage under the Rape Victim
Assistance Program. If you need local assistance, contact OASIS at 264-1532. If you have
questions or wish additional information, please write or call:
Rape Victim Assistance Program
Division of Victim and Justice Services
P.O. Box 29588
Raleigh, North Carolina 27626-0588
(919) 733-7974 or 1-800-826-6200
Rights and Responsibilities of the Victim in the Judicial Process
the right to file criminal charges or seek civil action in a court in addition to any action
taken under the Code
the right to be informed of any final results of a disciplinary proceeding in cases of
violent crimes or sex offenses
the right, in cases of sexual offense (Article 4.0lg and 4.02t, Code of Student Conduct) to
file an appeal of any disciplinary decision with the Vice Chancellor for Student
Development within four working days of the date notified of the decision
the right to have the same opportunity as the student charged with the offense to have
others present at the hearing
the right to appear alone or with any one other person of their choice to advise and assist
them. The person chosen to advise or assist students may be a relative, a fellow student, a
friend, a teacher, or any other person other than an attorney. In addition to an advisor, a
person may be accompanied by no more than two other people
the right to request that a member of the Judicial Board be excluded from a hearing for
the right to present evidence on his or her behalf
in the case of a victim of a crime of violence, including sexual offense, the right to be
present and the right to ask reasonable questions of any witness (including the accused)
during the fact finding phase of the hearing.
Rights and Responsibilities of the Accused in the Judicial Process
Each student referred to the Office of Student Judicial Affairs and subsequently charged with a
violation of the Code of Student Conduct is presumed “not responsible” of all charges unless the
information revealed through the adjudication process proves otherwise.
Rights of a Student Charged with a Violation of the Code of Student Conduct are the following:
the right to a fair process
the right to a fair hearing
the right to be presumed not responsible until proven otherwise
the right to know the evidence to be presented in any hearing
the right to know the identity of witnesses testifying at a hearing and to face witnesses
and ask reasonable questions of them
the right to secure advice and assistance in preparing a defense of any alleged misconduct
under this Code
the right to be given notice in writing of any charge(s) of misconduct
the right to appeal a decision by a judicial board or a conduct review officer within the
limits of the time specified in this Code
The following requirements are for the protection of the accused and the complainant:
The accused should be advised not to make contact with the complainant, and not to discuss this
charge with friends or family members with the intent of encouraging such persons to contact the
complainant to speak on behalf of the accused. Such contacts may constitute harassment and/or
obstruction of justice, and might result in additional charges. Although the accused may seek
assistance and guidance from family and friends, the accused has no right to encourage or
authorize behavior that could be perceived as harassment.
If the accused and the student who brought the charges are in the same class (es)
or in the same residence hall, every effort will be made to work with both parties
to minimize contact.
If the accused wishes to see a counselor at the Appalachian State University Counseling
and Psychological Services Center, an appointment can be made directly or the Dean of
Students can assist. Students often find this helpful as they struggle with the situation.
If the accused student wishes to have his/her professors contacted, the Dean of Students
will make this contact. No information will be shared with the professor that the accused
does not wish to have shared.
The Dean of Students will work with and answer questions for both the accused student
and the complainant.
Procedures for On-Campus Disciplinary Action
A student who is a victim of sexual assault committed by another student has the right to request
that charges be filed against that student for violation of the University’s Student Code of
Conduct. The University will pursue their complaint in the cases of allegations of rape only if the
victim has also filed an official police report and the police have had an opportunity to
investigate the complaint. The student judicial process is not designed to adjudicate cases of such
potentially serious outcomes without the involvement of professionally trained police
investigators and evidence supporting the allegation.
If the sexual assault happens on campus, the University Police will conduct a thorough
investigation into the allegation to ascertain the facts. Both the student bringing the charges and
the student under investigation have the right to submit written statements to establish their
account of the incident.
If the Director of Judicial Affairs determines that the evidence is sufficient to bring a charge, the
matter will be adjudicated using the process described in the Code of Student Conduct.
The complainant and the accused will be notified in writing of the outcome of any disciplinary
proceeding. Nothing in this section should be interpreted to authorize disclosure to anyone other
than the complainant or accused. Under certain circumstances, the University may be compelled
by law to release the name and disposition of a disciplinary hearing of a student accused of a
In accordance with the Student Code of Conduct, the following sanctions may be imposed by a
hearing board or University Conduct Review officer against a student found to have violated the
University Sexual Misconduct Policy:
Sexual offenses, rape, sodomy, sexual assault with an object, molestation:
Minimum sanction: Suspension (eight semesters)
Maximum sanction: Expulsion
Offenses against persons and/or offenses that directly place persons in jeopardy or harm
or fear of harm (e.g., battery, assault with a weapon, hostile communication, sexual
Minimum sanction: Specific Probation
Maximum sanction: Expulsion
The Clery Act
Public Law 105-244, the Student Right to Know and Campus Security Act, mandates certain
reporting requirements for Universities. The following are reporting requirements that
Appalachian State University must follow on cases pertaining to rape and/or sexual assault.
Statistics, identifying the number of sex offenses (forcible or non-forcible) reported to the
University during the past 3 calendar years must be published in an annual report.
The University Police must maintain and publish a written daily log of crimes reported
during the past 24 hours. The log will include the nature, date, time and general location of
each crime reported and will be posted in the Student Union and Police Department lobby
within two business days of the initial report being made (excluding Holidays and when the
University is closed). The posting of sexual assault cases in the daily log may be delayed if
release of such information could jeopardize the safety of the victim or jeopardize an ongoing
The University must notify the campus community, in a timely manner, of crimes considered
to be a threat to other students and employees. Disclosure of the time, date, location and
nature of crime is required. Notification usually consists of a Crime Alert email sent through
the University system.
Public Records and Public Information
North Carolina law (GS 132-1.4) identifies the following information as public records and as
such, the Appalachian State University Police Department must release this information when
The time, date, location and nature of a violation reported to the Police.
The name, sex, age, address, employment and violation of a person arrested, charged or
The circumstances surrounding the arrest, including the time and place of the arrest, whether
the arrest involved resistance, possession or use of weapons or pursuit and a description of
any items seized in connection with the arrest.
The name, sex, age and address of a complaining witness, unless release of such information
is reasonably likely to pose a threat to the mental health, physical health or personal safety of
the complaining witness or materially compromise a continuing or future criminal
North Carolina Crime Victims’ Rights Act
The Crime Victims’ Rights Act gives victims different rights at each stage of a criminal case and
designates the officials responsible for affording victims those rights.
Law enforcement agencies provide the victim with the following:
Information about the availability of medical services
Information about crime victims' compensation
Contact information for the prosecuting District Attorney's office
Contact information for the investigating law enforcement agency to ask about an
accused's arrest or release from custody
Information about an accused's opportunity for pretrial release.
The District Attorney's office is responsible for the following:
Providing the victim with information that explains the victim's rights
Notifying the victim of the date, time and place of all trial court proceedings involving
the accused, if the victim so desires
Providing a secure waiting area during court proceedings
Providing the victim with the opportunity to talk with the attorney prosecuting the case,
before the case is disposed, about the victim's views of the disposition of the case
Providing the victim the right to make a statement telling the sentencing judge the impact
the case has had on the victim, prior to disposition of the case
Informing the victim of the disposition of the case within thirty (30) days of the final
Telling the victim of any rights the defendant has to appeal the case
Submitting victim identification information to the court at the time of sentencing
Responsibilities of Other Agencies:
In addition to notice about trials and convictions, the victim is also entitled to receive notice as
The Attorney General's Office notifies the victim of any appellate court proceedings.
The Governor's Office gives notice of any clemency proceedings.
The agency having custody of a defendant committed to jail or prison notifies the victim
of the minimum custody status, upcoming release, escape, capture, or death of an
The Division of Community Corrections gives information to the victim concerning the
supervision status, probation hearings, absconding, capture, termination of probation,
discharge from probation, or death of a probationer.
Protocols for Dealing with Sexual Assault
The following protocols have been established to address reports of sexual assault and are
available to members of the university community and the media. The victim’s health and safety
and the mental and physical well-being and safety of the campus community are the primary
considerations for these protocols. (Emergency contact numbers are listed on the first page).
Reports to Student, Staff and Faculty
Any University Student, Faculty and/or Staff member to whom a student states that s/he has been
sexually assaulted on or off-campus by another ASU student or a stranger should:
1. Act on the assumption that the allegation is truthful and assure the victim that it is not his/her
2. Determine if s/he is injured. Does s/he need medical attention? Will s/he accept medical
3. If the victim is willing to talk with a counselor, call the Counseling and Psychological
Services Center and tell them that you have an emergency situation involving a student who
needs to be seen immediately. Please escort the student to the Counseling and Psychological
Services Center on the 1st Floor of the Miles Annas Building; after regular hours call 262-
4. If a victim requests a transport to a medical center, please call the University Police.
5. Please treat information about the incident as confidential and provide it only to those with a
legitimate need to know.
Health Center Protocol
1. The victim will be registered as usual by the front desk staff if physical and emotional state
2. The victim will be evaluated by a triage RN and assigned a health care provider to render
care. All attempts will be made to provide the female patients with a female health care
provider or the health care provider requested by the victim.
3. Initially the visit will consist of a thorough history.
4. The exam may consist of the following depending on the history and the willingness of the
a. General exam of head, ears, eyes, nose, throat, heart, lungs and abdomen.
b. External and internal exams of the genitalia.
c. Victims will be checked for trauma and sexually transmitted infections as indicated.
d. Urine pregnancy test will be performed and Emergency Contraceptive Pill will be
5. Information will be provided regarding sexually transmitted infections and pregnancy, and
medication will be offered.
6. The patient will be offered referral for counseling or crisis intervention.
7. All care given at the Student Health Service and documentation of that care is Confidential
8. If the patient desires a forensic exam (rape kit), a referral will be made to the Watauga
Medical Center emergency department where a specially trained sexual assault nurse
examiner will perform the exam.
Counseling and Psychological Services Protocol
The actions of Counseling and Psychological Services staff may vary depending on whether they
are brought in before, during, or after a student’s contact with police or emergency room
Counseling and Psychological Services Center Staff will be prepared to do the following:
1. If the sexual assault has just occurred, make sure the victim is safe from further harm. Help
her/him get a support person to be with her/him, and make sure doors and windows are
2. Encourage the victim to seek medical attention to assure that injuries and not-so-obvious
internal injuries are treated. Medical attention is available at the emergency room at Watauga
Medical Center (262-4164). Medical attention that does not involve concern for prosecution
may be received within the limited hours of the Student Health Center (262-3100). If needed,
the counselor will help arrange transportation (e.g. University Police, ambulance) and call the
hospital in advance to inform them of preliminary information.
3. Ask the victim not to shower, clean or change clothes before making a decision about a
physical examination or rape kit.
4. Explain possible financial costs and resources for rape kit.
5. Make sure a female counselor is made available if needed or requested.
6. Ask the victim if she or he wants the accompaniment of a friend, roommate, family member,
RA or RD, significant other, female officer, etc., while restricting the number of people in the
immediate area reduce to noise, distraction, and tension.
7. Inform the victim about reporting options to the law enforcement office with jurisdiction.
8. Have as a primary concern the emotional well being and support of the student, and to
establish a plan for possible follow-up counseling services.
9. Attempt to help the student regain a sense of control and make her or his own decisions
10. Inform the victim of her or his rights and choices, and help her or him explore options.
11. Support the student in making decisions about whom to tell and how to proceed.
12. Explain the limits of confidentiality.
13. Give the victim the handout on “What Should You Do after a Sexual Assault or Rape”
because the survivor’s memory may not be clear, or he or she may be in a state of shock.
14. Give supportive others that accompany the victim a copy of the handouts, “Do’s and Don’ts
of Helping Sexual Assault Survivors,” and “Guidelines for Helping Someone Who Has Been
15. Assume a helping role, not an investigating role.
16. Provide crisis counseling for friends and loved ones of victims distressed by the event.
17. Encourage and help the victim to resume a regular lifestyle as soon as possible.
18. Provide follow-up counseling, supportive assistance, and/or referral, if desired.
Sexual Assault Prevention Office
The Sexual Assault Prevention office is located in the Center for Student Involvement and
Leadership. The purpose of this office is to provide sexual assault prevention programming and
to help students access the existing sexual assault crisis services on campus and in the
community. Victims decide what services and options they want to pursue once they are given
information about available services.
S.A.P. staff can:
1. Meet with victims to assess their needs and make appropriate referrals to services on campus
such as the Counseling and Psychological Services Center, Health Services, Judicial Affairs,
Residence Life, and University Police.
2. Help navigate off-campus resources such as community law enforcement, Watauga Medical
Center, and OASIS.
3. Assist victims as they decide what options they want to pursue.
4. Accompany victims to meetings with Judicial Affairs and University Police officers.
For updated policies, annual crime reports and information about sexual assault prevention and
treatment, visit www.sap.appstate.edu.
University Police Protocol
Sexual assault cases, including date or acquaintance rape, are of a serious concern to
Appalachian State University. When notified that a sexual assault incident may have occurred,
the University Police Department will:
1. Immediately try to determine if any danger still exists and take steps to reduce any danger of
further violence toward the victim or others in the area.
2. Provide or assist in getting transportation for the victim and one friend to the Watauga
3. If a crime scene exists, secure it and notify the appropriate investigative agency.
4. Treat the victim with courtesy, sensitivity, dignity, understanding and professionalism.
5. Not release the name of the victim to the public or press as long as such release is likely
either to pose a threat to the victim’s mental, physical health or personal safety or to
compromise the investigation.
6. Assist the victim in reporting the assault to the appropriate law enforcement.
7. Explain the rape kit option to the victim when appropriate.
8. Notify the Counseling and Psychological Services Center, Residence Life, Dean of Students,
Vice Chancellor for Business Affairs and Public Affairs when appropriate.
9. Assure the victim that if a Crime Alert is required, only the time, date, location and nature of
the crime will be released.
10. Be the sole University agency responsible for investigating any on campus offense.
11. Fully investigate the case and keep the victim informed about the progress of the
12. Present the facts of the case to the district attorney’s office, if the victim wishes to press
13. Provide a copy of the investigation to the Office of Student Judicial Affairs upon the request
of the victim or if it is determined that the incident is a threat to other students.
Residence Life Staff Reporting Protocol for Sexual Misconduct
When a staff member is approached by a student regarding an alleged sexual misconduct
situation (rape, assault, etc.) either on or off-campus, staff are to follow the following procedures
for working with the victim (assuming the victim is the one reporting the misconduct) and
reporting the situation.
1. Provide emotional support and make sure s/he is in a safe environment. Believe this
victim and tell him/her that it is not his/her fault. While in rare situations this may not be
true that determination will be made by other people and does not diminish our need to
2. Try to determine if s/he needs medical attention. Ask about bodily injury. If there is any
need for medical assistance, encourage the victim to consider seeking it. If a rape has
occurred proper evidence collection should occur at the hospital. If s/he does desire
medical attention, inform him/her you can call the ASU Police to have him/her
transported to the Emergency Room. If the victim elects to go to the Emergency Room:
a. Remind the victim to take a change of clothes. Encourage the victim to refrain
from bathing or changing clothes before seeking medical help. Ask the victim to
save any item that has been handled by the accused.
b. Let the victim know that the Police may be contacted for transportation. The
Police will collect some basic information about the incident but the victim will
not be made to file any charges unless the victim desires.
3. Ask the victim if s/he would like to talk with a crisis worker from the Counseling Center.
If s/he says yes, the Residence Director or Area Coordinator on call can contact that
Counselor on Call (crisis staff member) via the ASU Police. This crisis worker is
available to more fully explain options to the victim. The crisis worker can talk with the
victim about filing charges, services available, his/her rights as a victim, etc. If the victim
talks with the crisis worker all discussed information within legal limits is confidential.
4. Let the victim know that the Residence Life staff member will provide as much
confidentiality as possible. Residence Life staff must not discuss it with departmental
peers, friends or parents of the victim or the accused (Parents may be talked to if the
victim is financially dependent on her/his parents or if the victim has signed a waiver
giving her/his parents access to the victim’s records.) However, the Resident Assistant is
required to immediately report the incident to the Residence Director who will, in turn,
need to report it to the Area Coordinator. The Area Coordinator will inform the Director
of Residence Life who will contact the Director of Housing and Residence Life and the
Dean of Students. This upward reporting is due to the current laws regarding crime
statistics. The victim’s name is not released in this case.
5. If the victim happens to mention the name of the accused to the Residence Life staff, the
staff member is obligated to report this name to his/her Residence Life supervisor. The
Director of Housing and Residence Life may need to share this name with the Police in
order to ensure the safety of the community.
6. Residence Life staff should avoid asking too many questions that potentially re-
traumatize the victim.
7. If the alleged sexual misconduct took place in a residence hall, avoid touching or
disturbing anything in the room. Keep people out of the room and secure it until the
Police arrive. The Police may need to dust the room for fingerprints and/or collect other
items for evidence.
8. If the alleged sexual misconduct occurred on campus, other students will be informed by
University Police that an on-campus sexual assault has been reported. According to the
Clery Act this “duty to warn” communication is necessary. The University Police and
Director of Housing and Residence Life will make decisions regarding additional formal
notification of the specific residents of that residence hall.
9. After the victim has returned from the hospital, Counseling Center, or Health Services (if
chosen) or at such time that the victim chooses not to pursue any action, Resident
Assistant staff will be asked to check on the victim and keep the Residence Director
informed about how the victim is doing. Staff should watch for signs that s/he is not
dealing well with what happened (i.e. suicidal gestures, not attending classes for an
extended period of time, etc.). Allow him/her to talk to you about how s/he is feeling.
Staff should be supportive, but should avoid being the only support person or trying
function as a professional counselor or victim advocate.
In the event that both the victim and the accused live in the same residence hall, the Department
of Housing and Residence Life will follow the following protocol:
1. Offer a temporary room assignment in another residence hall to each person involved.
(depending on residence hall spaces being available)
2. In the event that none of the persons involved chooses to move temporarily and it is
determined by University Police, Counseling Center and the Department of Housing and
Residence Life that the alleged incident is a serious act of violence and/or the presence of
the accused could create a clear and present danger to the victim, the Department of
Housing and Residence Life will:
a. Petition to the Vice Chancellor for Student Development for a temporary eviction
or summary suspension pending the outcome of the judicial process.
b. Seek to identify another residence hall space for a temporary assignment for the
alleged perpetrator pending the outcome of the judicial processes. (depending on
residence hall spaces being available)
Public Affairs Protocol
The Office of Public Affairs will assist the University Police and Office of Student Development
in informing campus and local media of any allegations of sexual assault occurring on campus
which are determined to be a threat to the campus community. This notification enables
members of the campus community to be aware of conditions on campus and to take appropriate
precautions for their personal safety.
In cases of sexual assault, only the date, time and location of an incident and a description of the
attacker (when appropriate) are released. The Office of Public Affairs does not release the name
of the person filing the report. This office will facilitate requests for interviews with university
personnel (such as the Dean of Students, University Police, etc.). In addition, information
regarding certain crimes reported off campus also will be shared with the campus media and
community in accordance with the Clery Act.