Referring a Case of Discriminatory Harassment, a Hate Crime, or a Bias Incident

American University is a diverse campus community committed to supporting all of its community members and their unique identities. Acts of discriminatory harassment violate the Student Conduct Code and may be addressed through Student Conduct and Conflict Resolution Services. This page details information that may be particularly relevant when reporting such incidents. Most of the information here applies to any report of a policy violation and exceptions to this are noted. General information on referring a case is available on the Referring a Case to Student Conduct page. Student Conduct and Conflict Resolution Services encourages reporting of such violations to our Conduct Code and our community. We are happy to meet with individuals who are considering referring a case.  

How do I refer a case?

For the details of referring a case with Student Conduct and Conflict Resolution Services, please visit our webpage on the topic or call us to make an appointment to discuss the incident. We're happy to go over the process individually and in person. 

What if I do not know who committed the incident? 

You can refer a case against someone if some evidence indicates they may have committed the violation. You will need to have some evidence to indicate their involvement, but you do not need 100% proof. If you do not have any knowledge of who committed the incident, we still suggest you consider other resources like Housing and Dining, the Dean's office, and the Counseling Center, among others, to assist with the aftermath of the incident. 

Can I submit evidence with my case?

Yes, we can accept photographs, emails, and other evidence. If evidence includes an illegal and/or dangerous item (i.e. drugs, weapon, etc), that should be turned over to AU Public Safety for appropriate storage. Photos can be submitted as attachments. You can also take a "screenshot" of any computer-based evidence. To take a screen shot, navigate until the evidence is visible on your computer screen. Then hit "Control," "Alt," and the "print screen" button simultaneously. Then, hit "Control" and "C" together. Finally, go to the email you will be sending and hit "Control" and "V" together. This should move the image of the screen into the email.  

What if the evidence no longer exists (writing on a wall, online postings, etc)?

It's always most helpful if any items evidencing the violation are saved and available to accompany the report. We can, however, accept and process a report without physical evidence. If there is information on your computer, we recommend that you take a "screen shot" of the evidence and include it in the referring email. To take a screen shot, navigate until the evidence is visible on your computer screen. Then hit "Control," "Alt," and the "print screen" button simultaneously. Then, hit "Control" and "C" together. Finally, go to the email you will be sending and hit "Control" and "V" together. This should move the image of the screen into the email.  

Does the person who I make the complaint about have to know it came from me?

The Conduct Code guarantees that a respondent (student who allegedly violated policy) has a right "to hear and respond to evidence upon which a charge is based." The identity of the person filing the case is often important information for the charges. There are, however, a variety of ways to reduce contact between the person who makes the complaint (complainant) and the person who allegedly violated policy (respondent). If Public Safety, Housing and Dining, or another university official responds to the incident, they may be able to file a complaint and serve as the complainant. This would mean that the person who experienced the incident directly would serve as a witness and could submit a statement but would not be required to participate beyond that. Additionally, it may be appropriate to request a barring of contact from the Dean of Students Office.  

Do I have to talk to the respondent (person who allegedly violated policy)?

If you do not serve as the complainant (person who files the complaint), you will never be required to speak to the respondent during the Student Conduct process. When a complaint comes to Student Conduct, it can be resolved one of three ways. For some cases, we may offer mediation as a tool to resolve the case. If mediation is offered and you agree to it, you would need to speak with the respondent. You will always, however, have a choice about mediation and mediation is not appropriate for some cases. If the case is resolved in a Disciplinary Conference (where suspension, expulsion, and removal from housing are not possible outcomes), then only the respondent and their advisor will be present. If the case is resolved in a disciplinary hearing (where suspension, expulsion, and removal from housing are possible outcomes) then the complainant needs to be present. In this case, others can serve as witnesses, but are not required to appear.  

If the case goes to a hearing, do I have to see the respondent (person who allegedly violated policy?

No. If you are the complainant, you can have a screen set up between you, participate by phone, and have questions asked through the hearing administrator. If you are a witness, you have the same options and you may also simply send a statement in writing, or send no statement.  

If the case goes to a hearing, can anyone else come with me for support or advice?

During the hearing, the complainant (person who referred the case) can bring one advisor. The advisor must be a current AU student, faculty, or staff member and cannot speak for the complainant or serve as legal counsel. Witnesses cannot bring anyone with them (unless there are disability or interpretation needs), but the person who asked them to appear will be in the room while they are presenting information.

How long do I have to file the incident report?

The Conduct Code states that most referral forms must be filed with Student Conduct no later than 15 class days from the incident or discovery of the incident. An extended period of one year is applicable for cases alleging violations of AU's discrimination, discriminatory harassment, sexual discrimination and harassment, and whistleblower policies. Requests for extensions to these deadlines may be submitted in writing to conduct@american.edu.  

Will Student Conduct keep me informed of the status of the case?

The Family Education and Rights to Privacy Act (commonly referred to as "FERPA") is a federal law that guarantees the general confidentiality of an individual student's educational records, including disciplinary files. Student Conduct can only share information under very specific circumstances, which are exceptions to FERPA's general ban on such information sharing. If the case is resolved through mediation or a disciplinary hearing, the complainant will be informed of that resolution method (not necessarily the resolution itself) because they will be needed to participate. Additionally, if a case alleges a crime of violence or non-forcible sex offense as defined by the Clery Campus Safety Act, then we can disclose the outcome to the victim(s) of the crime.  

Can I help decide the outcome of the case?

If the case goes to a hearing and if the respondent (person who allegedly violated policy) is found responsible for any charges, the complainant will have an opportunity to recommend sanctioning. If you believe there are specific outcomes that would benefit your health and safety, you should share those with our office as some (such as a barring of contact) can be facilitated separately from conduct proceedings.  

Should I file a case with Student Conduct or through the court system?

This is a personal and complicated decision and should be considered in light of the specifics of a case. You do not need to choose, as cases can be referred to each simultaneously. We are happy to consult about a specific case. Many differences exist between the campus conduct system and the court system that could influence this decision. The campus conduct system has a lower standard of evidence than the court system, meaning that less evidence is needed to find someone responsible. In general, the campus conduct system takes less time to close a case. Campus conduct files are kept confidential. Legal counsel is not permitted at a campus conduct proceeding. If you are considering filing a case with the courts, we would suggest you consult with an attorney.