What if a report of sexual violence/assault/harassment is filed alleging I committed a policy violation?
Please understand that St. Ambrose takes all reports of sexual violence, assault, and harassment seriously and is committed to investigating and resolving these issues to the extent possible.
Shortly after the incident report is filed, Security and Dean of Students administrators will determine if they have a legal and/or moral duty to report this incident (anonymously/in general terms) to the campus community.
- This is a federal requirement of the Campus SaVE Act.
- The intention is never to compromise the confidentiality of anyone allegedly involved but rather to ensure that the community is made aware of any on-going threat of sexual assault.
- You will be informed as to how a decision is made and what the determination is about the decision to report this alleged incident campus-wide.
You will be interviewed by campus personnel and asked to submit a written statement.
- Since this report was filed listing you as the alleged perpetrator, you are considered the respondent in the process and will be referred to that way. The other party is the complainant.
- A trained investigator(s) will begin by affirming that we believe the information you are about to share with us.
- You may have someone with you to provide support, including a translator.
- You will be notified of the rights and the options you have in the campus conduct review process.
- You will be offered awareness of support services and have questions answered.
- You can anticipate a no contact directive being issued for the benefit of all.
- Interim actions may be put in place that include, but are not limited to: being removed from campus temporarily, altering your class schedule, and not being in proximity of the complainant [person filing the report].
- You will be given updates on how the process is developing, as outlined in the student handbook.
The investigation begins. This process can take 2-4 weeks.·
- An investigator will be assigned to lead the investigation.
- To complete this investigation you will be asked a series of questions to determine what policy violation(s), if any, have occurred.
- The complainant and any witnesses will also be interviewed.
- An investigation report with alleged policy violation(s), if any, will be submitted.
- For more information on the policy and process see the student handbook, pages 20-22. (add website address link?)
After the investigation is completed a decision is made as to whether the University has a preponderance of evidence that a policy violation has occurred.
- If yes, the respondent [you] will be presented with information of the specific charges, rights that they have in the Student Conduct Review process, and offer choices of how to proceed.
- The respondent may accept responsibility for the violation(s), acknowledge the perpetration of an act of sexual violence, and request an administrative hearing in which they agree to the policy violations and establish agreed upon sanctions from the university to be implemented.
- Or, the respondent may choose to disagree with the charges, not accept responsibility for violation of campus policy, and request a student conduct review hearing. A student conduct review hearing is facilitated by three administrative staff members.
- In this process, both the respondent and complainant may challenge evidence presented.
- Delivering testimony does not require that each participant be in the same room.
- A support advocate is available to all individuals throughout the entire process.
- Please see the student handbook, pages 35-37 for conduct review hearing procedures.
Rights of Respondents
1. To have adequate notice of proceedings or reviews (interpreted by the University to be no less than 2 business days), and the procedures, prior to the date of such proceedings.
2. To have knowledge of the charge(s).
3. To have an advisor present at all reviews and conduct meetings. (This person may be legal counsel retained at the expense of the Respondent, but such counsel may not act for the Respondent in University proceedings).
4. To have an opportunity to challenge the statements of complainant(s) and witness(es).
5. To have an opportunity to challenge witness(es) and evidence
6. To have the opportunity to present witness(es) and other evidence.
7. To have written notification of the outcome (generally within 5 business days).
8. To appeal any decision within 5 days of receiving written notification of the outcome (see the Appeals section pg. 36 of the student handbook for more details).
Responsibilities of Respondents
1. To thoroughly read the Conduct Review Process section of the most current Student Handbook, and ask the designated hearing officer any questions they may have about the process
2. To respond to any and all reasonable requests from staff managing the process and hearing officer or board members in a timely fashion.
3. To arrive at all meetings prepared and on-time.
4. To actively participate in the process.