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How to Report Sexual Assault

How to Report a Sexual Assault

We hope you will decide to report your attack to the police. While there’s no way to change what happened to you, you can seek justice and help stop it from happening to someone else. Click here to read more about reporting sexual assualt to the police.

Reporting On Campus:

The University has a compelling obligation to address allegations and suspected instances of discrimination, harassment, and misconduct, including sexual violence.  The following procedures are designed to allow for prompt and equitable resolution of sexual violence complaints.  The Title IX Coordinator (Executive Director of Human Resources) is responsible for investigating all complaints of sexual violence.  The University will take immediate steps to prevent reoccurrence of any sexual violence and to correct its discriminatory effects on the complainant and others, if appropriate.

The person should let the offending person know immediately and firmly that he/she/ze is rejecting the advance or invitation and/or finds the conduct offensive. The person should report the matter to the Title IX Coordinator (Executive Director of Human Resources) or to the Title IX Investigator (Assistant Vice President of Enrollment and Student Services). The Title IX Coordinator will assign a Title IX Investigator to conduct a complete investigation.  It is important that the person report everything to the investigator so a thorough investigation can be made, including providing witnesses and/or documentation from individuals who have first-hand knowledge of the situation.

Those who participate in the investigation of sexual assault, domestic violence, dating violence, or stalking, either as a complainant or a third-party witness, will not be subject to disciplinary sanctions for violations of the University’s code of conduct at or near the time of the incident if the violations did not place the health or safety of any other person at risk.

The person has the right to file a criminal complaint with the appropriate local police department.  The University can assist the person with this process.

To the extent possible, the complaint and investigation will remain confidential.  If a complainant insists that his/her name or other identifiable information not be disclosed to the accused, the University’s ability to respond to the complaint may be limited.

Retaliation is prohibited.  The University will take steps to prevent retaliation and also strong responsive action if it occurs.  If the person feels that a retaliatory action has been taken because he/she/ze has filed a complaint, that action should be reported as well.

The Title IX Investigator will investigate the matter promptly, thoroughly, and impartially.  The University will not delay conducting its own investigation because of a pending criminal complaint as the University has a responsibility to protect the person in their educational setting.

During the investigation, both parties will have an opportunity to present witnesses and other evidence.

Both the accused and the complainant may have an advisor/advocate of his/her/hir choice present for their portion of the procedures.  The complainant and/or the accused student is responsible for presenting his/her/hir own information, and therefore, advisors are not permitted to speak or to participate directly in any meeting or complaint procedure.  The standard of proof to be used shall be the preponderance of evidence standard (“more likely than not”).

Appropriate sanctions/discipline up to and including termination or dismissal from the University will be imposed if warranted.  Any incidents of further harassment or retaliation should be reported immediately to the Title IX Coordinator (Executive Director of Human Resources).

Both parties will be informed of the outcome of the complaint in writing.  Both parties can grieve the final decision of the Title IX Investigator by requesting a review in writing to the Title IX Coordinator (Executive Director of Human Resources) within five (5) working days of the decision.

The decision of the Title IX Coordinator (Executive Director of Human Resources) is final.

Samuel Merritt University Title IX Coordinator
Elaine Lemay
Executive Director of Human Resources
Samuel Merritt University
3100 Telegraph Avenue
Oakland, CA 94609
(510) 869-6739
elemay@samuelmerritt.edu

Campus Sex Offenses
Students, faculty, and staff are required to report sex offenses to the Assistant Vice President of Enrollment and Student Services.  As required by the Higher Education Amendments of 1992, the University provides an annual report of campus crime statistics, including all sex offenses.  See Campus Security Act of 1990 in the Federal and State Regulatory Policies section.