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Reporting the Incident | |||
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Where is
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Each survivor of sexual
assault must decide for herself whether or not to report the incident. Reporting the
assault to the University and/or to the police can be important for the survivor and for
others. This can help the survivor re-gain her sense of power. It is never to late to
report a crime, however most of the following information pertains to recent crimes. To make an official report to the University, the survivor should first call Campus Safety. The interview will involve factual questions about the assault. Sometimes the questions can be painful and/or difficult to answer. Some of the questions will be about the assailant’s identity and appearance, and where and when the crime occurred. The resulting report may be used in a trial, so the survivor should read it very carefully before signing it. Finally, if new information is remembered after the interview, the survivor should call Campus Safety and inform them of it. They will pass the information on to the police, who will likely get back in touch for a follow-up interview. Legal Action If a survivor wishes to take legal action, the District Attorney’s Office will be responsible for prosecuting the case. The state is the prosecutor, and the survivor becomes a major witness. The DA decides whether or not to prosecute once they have received the police report. Chances are that the DA would want to interview the survivor as part of reviewing the police report. If, for some reason, the DA decides not to prosecute, the survivor has a right to an explanation of that decision. Colgate University Procedures Colgate University defines sexual misconduct as sexual conduct with another person when such contact is achieved through the use of force, coercion, deception, threat, or in situations where the "victim" is physically helpless by reason of drug or alcohol consumption, sleep, or unconsciousness. Whether or not the survivor plans to file a complaint, any incident of sexual misconduct should be reported to either the Director of Judicial Programs or the Director of Campus Safety. While it will be up to the Director of Judicial Programs to decide how the case will be handled, every effort will be made to respect the wishes of the survivor. Sexual Misconduct Hearing If the case involves possible violations of the University’s Sexual Misconduct or Sexual Harassment policies or if the student does not accept responsibility, the Director of Judicial Programs will refer it to the University Sexual Misconduct Board. The suspected student may be suspended, pending a decision by the Hearing Panel. In a Sexual Misconduct Hearing, the case is heard by the Sexual Misconduct Panel (which is a subgroup of the University Disciplinary Board). At least one of the members is male and at least one is female. Informal Judicial Action Informal resolutions require all parties to agree that misconduct occurred and that it will be responded to without a formal judicial hearing. Informal resolutions can include: filing a confidential report, a letter of apology, agreement of no direct or indirect contact, mediated discussions, counseling, educational programming, leave of absence. |
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