Office of Student Conduct
Federal Statistical Reporting Obligations
Victims should be aware that certain campus officials have a duty to report sexual misconduct for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student/conduct affairs, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.
Reporting to UNA's Officials
The Office of Student Conduct administers the Disciplinary Procedure for Sexual Misconduct. Cases of Sexual Misconduct may be resolved administratively, or through informal or formal hearing processes depending on the facts of the case and the wishes of the victim.
A student who believes he or she has been the victim of sexual misconduct committed by another University student may report to any of the following office:
University Police: 256.765.4357
Office of Student Conduct: 256.765.5012
Student Counseling Services : 256.765.5215
University Health Services: 256.765.4328
Title IX Coordinator: 256.765.6341
In order to initiate a formal complaint through the Office of Student Conduct, a student must submit a complaint. When a complaint is filed, a Conduct Officer will meet with the alleged victim and the alleged violator separately to explain the policy and procedure, and provide a written copy of the parties' rights and responsibilities.
Preponderance of evidence is the level of proof used in administrative hearings. This requires proof above probable cause, but less than that to prove beyond a reasonable doubt. In general terms, based on the evidence, Conduct Officers and University Student Conduct Board (USCB) members determine if it is more than likely than not (over 50%) that the person is responsible for a violation.
If a criminal investigation is under way or if the student has chosen to file a complaint with the police or the District Attorney's (DA) office, the University disciplinary procedure will continue unless the alleged offender chooses to opt for a Voluntary Disciplinary Withdrawal pending the outcome from the DA's office.
University complaints may only be brought against students who are currently enrolled or on leave, but eligible to return. To institute formal legal proceedings outside the University, the reporting student needs to file a written complaint with the University Police Department or other law enforcement within the jurisdiction where the incident occurred.
To Report Confidentially
If one desires that details of the incident be kept confidential, they should speak with on-campus mental health counselors, campus health service providers or off-campus rape crisis resources who can maintain confidentiality. Campus counselors are available to help you free of charge, and can be seen on an emergency basis.
Reporting to Maintain Privacy
You can seek advice from certain resources who are not required to tell anyone else your private, personally identifiable information unless there is cause for fear for your safety, or the safety of others. These are individuals who the university has not specifically designated as “responsible employees” for purposes of putting the institution on notice and for whom mandatory reporting is required, other than in the stated limited circumstances. These resources include those without supervisory responsibility or remedial authority to address sexual misconduct, such as RAs, faculty members, advisors to student organizations, career services staff, admissions officers, student activities personnel, and many others. If you are unsure of someone’s duties and ability to maintain your privacy, ask them before you talk to them. They will be able to tell you, and help you make decisions about who can help you best.
Some of these resources, such as RAs, should be instructed to share incident reports with their supervisors, but they will not share any personally identifiable information about your report unless you give permission, except in the rare event that the incident reveals a need to protect you or other members of the community. If your personally identifiable information is shared, it will only be shared as necessary with as few people as possible, and all efforts will be made to protect your privacy.
Federal Timely Warning Reporting Obligations
Victims of sexual misconduct should also be aware that university administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The university will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed at the end of the above paragraph.