Referring Cases of Relationship Violence, Sexual Assault, Sexual Harassment, and Stalking to Student Conduct
Incidents of relationship violence, sexual assault, sexual harassment, and stalking (referred to here collectively as sexual misconduct and/or harassment) are serious violations of American University's commitment to supporting all members of its community. These actions 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.
Who will find out I reported the case?
Those who are considering referring cases of sexual misconduct and/or harassment to our office can meet with us to discuss the case without details of the case being shared beyond our office. If a case proceeds, the person who is alleged to have committed the violations will be sent a copy of the entire report, including the name of the person who referred it. Depending on the manner in which the case is addressed, information may need to be shared with a hearing officer or a hearing panel for purposes of hearing the case. All of those parties are required to maintain confidentiality. Like most campus officials, we are required to report general information for purposes of aggregate statistics in campus security report. This information does not include the name of anyone involved. We would need to report the date, general location, and nature of the incident. This information would be published in aggregate form in the Annual Campus Security Report, available on Public Safety's website.
Can I submit evidence with my case?
Yes, we can accept photographs, emails, and other evidence, including medical forensic evidence from sexual assault exams. 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. Consistent with the Office of Civil Rights recommendation, Student Conduct and Conflict Resolution Services does not offer mediation in cases of sexual assault. 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 filed the referral form) 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.
What if I was in a relationship or previously consented to the alleged behaviors previously?
American University defines "consent" as "words or conduct indicating a freely given agreement to have sexual intercourse or to participate in sexual activities. Sexual contact will be considered 'without consent' if no clear consent, verbal or nonverbal, is given; if inflicted through force, threat of force, or coercion; or if inflicted upon a person who is unconscious or who otherwise reasonably appears to be without the mental or physical capacity to consent." Consent to sexual behavior on one occasion does not constitute future consent to sexual behavior. Therefore, even if you had previously consented to participate in sexual behavior in the past, the other party may still have violated policy if consent was not given again. This also pertains to contact that could constitute harassment. Permission given once does not equate to permission for all future contact.
What will happen to me if I voluntarily used alcohol or another drug during the course of the incident?
Being under the influence of alcohol or other drugs does not constitute consent to participate in sexual activity. AU's definition of consent explicitly states that consent cannot be given if someone appears to be unable to give consent, which could include incapacitation due to alcohol/other drug use. For a variety of reasons, American University will not pursue cases against sexual assault victims who had used alcohol/other drugs at the time of their assault. This arises from two primary causes. One is that to pursue any case, we would need a case referral form within fifteen class days of the incident. Such cases could only be filed by those aware of the alleged violation. Additionally, while American University is concerned about any student's use of alcohol or other drugs illegally, our primary concern is with our students' health and safety. For that reason, addressing the allegations of sexual assault would be of primary concern. While we might suggest that a student who habitually uses alcohol or other drugs consider counseling resources to reduce this habit, we would not pursue Conduct charges in the case of sexual assault. If you believe that alcohol or other drugs were used to facilitate an incidence of sexual misconduct, we would encourage you to include that and any corroborating information in your referral form.
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 Federal Education and Rights to Privacy Act (FERPA) is a federal law governing the confidentiality of student records, including disciplinary records. It generally prohibits Student Conduct from releasing a student's disciplinary records to a third party, unless an exception occurs or the student signs a release. Therefore, we generally cannot inform the complainant (person filing the complaint) or witnesses about the status of the case. There are some exceptions. 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. They can inform witnesses and others who will need to participate. Additionally, if the incident includes allegations of a violent crime or non-forcible sex offense as defined by the Jeanne Clery Act (WEBSITE LINK), then the victim can learn the outcome of the case. If, however, you have safety or other well-being concerns, please don't hesitate to contact us.
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.
What if the person who committed the violation is not an AU student?
AU's Student Conduct and Conflict Resolution Services can only process case referrals in which the respondent (person alleged to have violated policy) is a student. This is because others are not under the jurisdiction of the AU Student Conduct Code. Our office can, however, refer you to our colleagues at other universities who can discuss how their process might apply to your case.
