Make Information Available and Communicate About the Process
Federal and state laws require that schools make information about existing resources readily available to victims. Schools should make this information easy for students to find. If a rape victim wants to seek medical attention, obtain a rape kit or make a report, it should be easy for the student to access the available resources.
Colleges and universities should consider discussing with their IT department how to make these resources the first hyperlink options to pop-up when typing in “rape,” “sexual assault” or “violence” in a school’s website search box. (For other ideas on making resources and policies on sexual assault easily accessible on the campus web site, see Student Safety, Justice and Support: Policy Guidelines for California Campuses Addressing Sexual Assault, Dating/Domestic Violence and Stalking, www. calcasa.org.)
Once a student reports a sexual assault, communicate with her or him about the process. Be honest with the victim about what will be confidential and what a school is obligated to report.
Update Policies and Procedures Regularly to Ensure Compliance with Laws
Sexual assault laws are evolving and progressing quickly. For example, in California, SB 967 (pending 2015) could impose even more new reporting obligations on California campuses in 2016. Do not wait until you have a report of sexual assault or a U.S. Department of Education Office of Civil Rights (OCR) investigation to update your policies. By then it will be too late in terms of legal liability. Audit your policies and procedures now to ensure that they are in compliance with Title IX, Clery, state law and OCR’s investigative standards.
Provide Training to Appropriate Campus Personnel
These individuals should include Title IX officers, Clery coordinators, campus adjudicators, campus security, campus police and others who might receive notification of an assault. They must understand the consent standard and evidentiary standards. They should be aware of the reporting, investigative and disciplinary hearing requirements, as well as what resources are available on their campus. When a sexual assault incident is reported, these persons should know their role.
Act Quickly When a Sexual Assault Is Reported
Never try to dissuade a victim from filing a report or talking to the police. Ensure that the victim is aware of his/her right to report to local law enforcement, what counseling resources are available and whether the counseling will be confidential.
Provide the victim with redress as swiftly as possible. Separate the students by moving the alleged perpetrator, if necessary, or suspending the alleged perpetrator pending a disciplinary hearing when warranted.
Conducts a Prompt, Comprehensive and Unbiased Investigation
Consider bringing in a neutral outside counsel or investigator to conduct the investigation. Obtain evidence immediately before it can be deleted or destroyed. In this digital age, much of the evidence available will be text messages and social media. Act fast or students are likely to destroy evidence once they hear about the report and investigation.
Try to avoid characterizing the accuser as a “victim” or “survivor” and the accused as a “perpetrator.” Instead, stick with neutral terms such as “accuser” and “accused.”
