General Information
How does the University support students who bring complaints forward?
The University strives to be as supportive as possible to students who report an assault. Trinity offers a range of support services for students, including availability of informal staff advocates, counselors, and health services staff. In addition the University will guarantee that if all other avenues have been exhausted, Trinity will pay for initial testing and examination services.
As with the responsible friend component of the alcohol policy (no disciplinary action taken by the University when a student seeks help for the intoxicated student), the University will not refer accused students, alleged victims, or student witnesses for judicial action for extraneous violations (alcohol, drugs, etc.). The investigation of sexual misconduct is of the highest priority.
In addition, staff will assist students with housing and academic accommodations as needed.
The Conduct Board will do its best to offer a safe, supportive, and compassionate process. In order for the process to be fair it is crucial that it be conducted without preconceived bias toward any of the involved parties. When evaluating the credibility of the University's process, students are urged to consider the system's fairness, support, and sensitivity to the students involved rather than outcomes of specific cases.
What advice can Trinity offer students who have been assaulted?
Get in touch with someone you trust. Students often turn to a friend, family member, or a University staff member. Allow that person to help you review services and procedures and determine what if any action should be taken. Remember that there is a limited window of time in which to have evidence collected. For more information see “Services and Resources.”
If there is alcohol involved, doesn’t it make these issues more complicated?
Alcohol and/or drug use are involved in the majority of campus sexual assault cases. If a student is intoxicated or incapacitated, then the ability to effectively consent or resist can be greatly compromised. The Board may consider how the capacity to consent to sexual activity may have been tempered by alcohol. Students who are not sure if they are interacting with a person who has diminished capacity should, as a matter of practice, avoid engaging in a sexual act with that person at that time.
What is the difference between regretted sex and a sexual assault?
Regretted sex stems from an act that was voluntary and consensual, but that in hindsight, a participant would have preferred hadn’t occurred. An assault involves force or a lack of informed consent.
Policy-related Questions
Why does Trinity have a Sexual Misconduct policy – isn’t this a legal matter?
Sexual Misconduct is both a legal and campus issue. Trinity University values the rights and dignity of all members of its community. A sexual assault (whether on or off campus) affects the emotional, physical, and psychological well-being of the alleged victim and the accused student. The University has an obligation to investigate and hear cases in which students feel that they
have been violated and to do so in a timely manner. In addition, the University strives to protect the whole campus population from any student who has potentially violated the sexual misconduct policy and pose a continuing threat to others.
Aren’t the courts better equipped to handle such complex issue?
While we encourage students to make reports off campus and have evidence collected, we feel we can offer an effective process that students can use concurrently with or independently from the legal system. The campus process can be fair, expedient, and the trained members of the Conduct Board strive to show sensitivity to all parties as they consider the educational and punitive elements that arise in all case decisions.
Will the University prosecute even if I don’t want to?
The University does not prosecute as it is not a legal entity. In sexual assault cases, students are given total control over what happens. It is the University’s responsibility to make information about our campus process as understandable as possible and to provide contact information for off campus resources. It is the student’s right to decide what action, if any, to take. The staff may re-visit a report if a student is named in a subsequent report or complaint. At that time the alleged victim from the prior situation may wish to re-consider his/her original decision.
Reports/Complaints
What is the difference between a report and a complaint?
A report can merely be a verbal or written report or statement to any University official. The University tracks cases in an effort to accurately reflect to the campus community the frequency of sexual assault on campus and to issue a campus-alert when appropriate. The report does not require any action, but merely puts information on the record.
A complaint is the act of moving forward through the campus conduct process. The student may withdraw the complaint or abandon the process at any time.
Is there a deadline to submit a complaint?
There is no statute of limitations in our process. It may be easier to manage the process regarding witness availability, recall, etc., if the complaint is filed in a reasonable period of time.
Privacy and Confidentiality
Are reports and complaints confidential?
All information in any report and complaint is confidential. Only a closed network of University officials (Dean of Students, Vice President for Student Affairs, and Campus Security), experienced in handling sensitive information, is made aware of a report and the names of those involved. Identifying information is not released to the public, the media, or the campus community. In some cases, a general campus crime alert may be distributed to the campus community if a potential threat to others exists. Family members of students are not notified without the consent of the student.
I don't want my parents to find out about my assault, but I'm "on their insurance." How can I get treatment without them knowing?
Unless you wish to incur costs on your own, you will need to use your health insurance if you have it. Denying that you have health insurance coverage in order to seek payment by a third party is generally considered fraudulent. If you are insured on your parents' policy, you may choose to call your insurance company before registering at the hospital and request that all paperwork related to your treatment be sent to your college address. Keep in mind, however, that all insurance companies are different, and there is no guarantee that they will honor this request. You may also request that the hospital send any paperwork relevant to your treatment to your college address. Trinity's Counseling Services can also work with you to help you figure out the best way to tell your parent(s) about the assault, in the event that they receive insurance paperwork that reveals your medical treatment.
Procedures
Who serves on the Board that hears sexual assault complaints (the University Conduct Board)?
The Dean of Students serves as a facilitator, but is a non-voting member. The Dean is also not present for discussions among the decision-makers following the hearing. The Dean serves as a resource to all involved parties (including parents and attorneys) and to remain objective and neutral. There are two faculty members on the Board. In the event that either has a prior relationship with one of the students in the hearing, there are also alternates available. One member of the Student Conduct Board serves as the student representative on the Board (alternates from within the Board are available). The two faculty members and the student are the three voting members. All members of the Board receive training on handling sexual assault cases.
If I am assaulted, how can I prove it if there were no witnesses?
The University is committed to supporting students who come forward with a complaint. The process is designed to collect as much relevant information as is available, to consider the statements of the parties involved, and render a fair and thoughtful decision. Sexual misconduct cases are extremely private and the details are often embarrassing for both parties. The Board strives to ask questions related to whether or not force was used, to determine if consent was offered, and to consider the role, if any, that alcohol and drugs played.
If I am accused, how can I adequately defend myself?
The University is committed to managing a process that is fair to the accused student. The process is designed to collect as much relevant information as is available, to consider the statements of the parties involved, and render a fair and thoughtful decision. Sexual misconduct cases are extremely private and the details are often embarrassing for both parties. The Board strives to ask questions related to whether or not force was used, to determine if consent was offered, and to consider the role, if any, that alcohol and drugs played.
Will my sexual history be brought up?
The Board generally does not accept statements on sexual history unless the student introduces information about his or her own history.
How much of what happened the day or night of the incident will be reviewed?
Generally, the Board will try to determine what information is relevant to the case at hand. The amount of the interaction directly before and after the alleged assault may be considered if it will help the Board reach an informed decision.
Don’t hearing decisions come down to “He said, she said”?
Generally there are no witnesses to an alleged sexual assault. The Board will determine, to the best of its ability, whether or not force was involved or whether or not the activity was consensual. The Board will also try to determine the role alcohol or drugs played in the alleged incident.
Findings and appeals
What if I take a complaint forward and nothing happens?
Students who have been assaulted should understand that if the accused student is found “not responsible,” that it doesn’t mean that an assault didn’t occur. It may simply mean that there was not enough information to determine responsibility.
What will happen to a student found responsible for sexually assaulting another student?
The University conduct process is founded on educational ideals that reflect the University’s academic mission. As much as possible, the University is committed to educating students to be aware of policy, to respect others, and to be accountable for their actions. Sanctions can range from a warning to a permanent separation from the University. The Conduct Board attempts to look at each situation independently and consider all variables in assigning a fair and reasonable sanction.
Who may appeal a decision by the Board and on what grounds?
Either party in a case may submit a written appeal to the University, but the appeal must show one of the following: erroneous findings of fact, procedural irregularities, new information previously unavailable, insufficient information to support the finding, or an unreasonably harsh or lenient sanction. Appeals must be made within five class days of receipt of the Conduct Board decision. Written appeals are directed to the chair of the Conduct Review Board.
Miscellaneous Questions
Who can drive me to the hospital if I've been assaulted?
In the event that you have been assaulted, it is likely that you will be too shaken-up to drive yourself to the hospital safely. Ask a trusted friend or member of the residential life staff to take you to the hospital. If neither option is viable, a member of the Campus Security staff may be able to drive you (depending on staff availability).
Can I be tested for sexually-transmitted infections (STIs) and date-rape drugs on campus?
Trinity's Health Services can test you for STIs; you will need to go to Methodist Specialty and Transplant Hospital to be tested for the presence of date-rape drugs in your body.
How can Trinity University help me if I was assaulted by a non-student, or if I was assaulted before I came to college?
Trinity's Conduct Board can only hear cases that involve Trinity students. However, Trinity's Counseling Services can offer supportive short-term counseling related to sexual assaults that were perpetrated by non-students and those that occurred in adolescence or childhood. Counseling Services can also make referrals to off-campus mental health providers who can provide longer-term counseling to work through assault-related emotional trauma.
To help address sexual assault issues…
I am concerned about sexual assault on campus, what can I do to help address this issue?
There are several student groups that would welcome your support and participation. Check with Campus & Community Involvement to learn more about the Sexual Assault Student Coalition and SAGE (Students Advocating Gender Equality).
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