Filing a Sexual Assault Complaint

How to file a Sexual Assault Complaint

The university encourages any person who is the victim of a forcible or non-forcible sexual offense to immediately report the incident to campus authorities. There is no requirement to notify law enforcement authorities of a sexual offense; however, the university encourages all victims to do so. If needed, university personnel will assist in notifying the university police to report a sexual offense. The UMHB Police Department should be notified as soon as possible (the preservation of evidence is crucial in a sexual offense case). Do not bathe, shower, douche or change clothing.

 The UMHB Police Department will handle all cases that occur on campus. If transportation is needed to obtain a medical examination, the university police department will arrange for transportation to the hospital. For the protection of the victim, a pseudonym can be used in the report process.

 A student who wishes to file a complaint to be addressed by the University disciplinary system should contact the Dean at 254-295-4590. A student may choose to file a complaint with the dean whether or not the student chooses to file criminal charges.

 Academic and Living Accommodations

When a student reports that the campus regulation prohibiting sexual assault has been violated, informal procedures that provide for the protection of the emotional health and physical safety of the complainant may be invoked. For example, a student who lives on campus may be moved to another campus living environment if he or she chooses and if accommodations are reasonably available.

Similarly, a complainant may be allowed to make changes in his or her class schedule. Such arrangements will be made through the Office of the Dean of Students. If the complainant provides credible evidence that the accused student has engaged in prohibited sexual assault, the dean may take interim disciplinary action against the accused student as appropriate.

 Education and Prevention

The University of Mary Hardin-Baylor Police Department offers sexual assault education and information programs to University students and employees upon request. Literature on date rape education, risk reduction, and University response is also available at the Police Department.

 Reporting a Sexual Assault

 If you are a victim of a sexual assault at UMHB, your first priority should be to get to a place of safety. You should then obtain necessary medical treatment. The University Police Department strongly advocates that a victim of sexual assault report the incident in a timely manner. Time is a critical factor for evidence collection and preservation. An assault should be reported directly to a UMHB Police Officer or other University Campus Security Authority, which includes the;

 UMHB Police                                                 254-295-5555

• Dean of Students                                            254-295-4590
• Director of Housing                                        254-295-4590
• Director of Health and Wellness                  254-295-4623
• Director of Human Resources                     254-295-4527
• Vice-President for Student Affairs                254-295-4496

 Filing a police report will not obligate the victim to prosecute, nor will it subject the victim to scrutiny or judgmental opinions from officers. Filing a police report will:

• ensure that a victim of sexual assault receives the necessary medical treatment and tests;
• provide the opportunity for collection of evidence helpful in prosecution, which cannot be obtained later (ideally a victim of sexual assault should not wash, douche, use the toilet, or change clothing prior to a medical/legal exam);
• assure the victim has access to free confidential counseling.

 The victim of a sexual assault may choose for the investigation to be pursued through the criminal justice system and/or the University Disciplinary System. A University representative will be available to help guide the victim through the available options and support the victim in his or her decision if needed. Various counseling options are available from the University through the UMHB Counseling Center and the Employee Assistance Program (for employees only). Counseling and support services outside the University system may also be available.

 Disciplinary Proceedings

 University disciplinary proceedings, as well as special guidelines for cases involving sexual misconduct, are detailed in the Student Handbook. The Handbook provides, in part, that the accused and the victim will each be allowed to choose one person who has had no formal legal training to accompany them throughout the hearing. Both the victim and accused will be informed of the outcome of the hearing. A student found guilty of violating the University sexual misconduct policy could be criminally prosecuted in the state courts and may be suspended or expelled from the University for the first offense.   Student victims have the option to change their academic and/or on-campus living situations after an alleged sexual assault, if such changes are reasonably available.

 On-Campus Services Available To Survivors of Sexual Assault