A report of sexual misconduct, protected class discrimination or harassment, or related retaliation may be pursued in different ways. Depending on the nature of the alleged conduct, a complainant or victim may pursue a criminal process, a university process, both processes or neither process. A victim may also decline to notify authorities.
An individual may be unsure if they want to report a sex assault to law enforcement, the University, or confidential support services. Regardless of whether or not a victim wants to report an incident(s), it is important to preserve any evidence of the sexual assault (or other misconduct) so that if a victim decides at any point in time to report the incident, that evidence is still available. Examples of evidence to preserve include, but are not limited to: the clothing the individual was wearing, bedding, text message correspondence discussing the assault (either with the accused or with friends or family), photographs, screenshots, emails, social media correspondence/posts (Facebook, Tinder, Snapchat, Instagram, Yik Yak, etc.), correspondence via other messaging applications (Whatsapp, Kik, GroupMe, etc.), video surveillance, and/or names of witnesses and contact information.
Regardless of if an individual wants to report the assault to the police, a medical exam can be done to preserve evidence. The Sex Assault Nurse Examiner (SANE) program at the Emergency Department at Boulder Community Health Foothills Hospital is available to conduct a SANE exam, ideally within five days of the sexual assault. It is best if a victim does not bathe, shower, eat, drink, douche or change clothes. However, evidence can be collected if you have done any or all of these things. More information about the SANE exam can be found here: http://www.bch.org/emergency--trauma-services/sexual-assault-nurse-examiner-%28sane%29-program.aspx
*Please note that if some or all of this evidence is unavailable or does not exist, you are still encouraged to report a sexual assault to law enforcement and/or the University. The lack of evidence does not preclude an investigation from taking place.
Transportation: If you would like to get a forensic/SANE exam without consultation you can call police directly and tell the dispatcher that you want to report a sexual assault and would like to preserve evidence, the police can transport you to the SANE exam. If one does not want to contact the police, you can go directly to Boulder Community Hospital and ask for a SANE exam. If you do not have transportation to the hospital, you can go to Wardenburg and ask for a travel voucher to the Boulder Community hospital. You can also take the Stampede or the Jump bus. Please click here for the most recent bus schedules and directions from your location to Boulder Community Hospital Foothills Campus, 4747 Arapahoe Avenue, Boulder, CO 80303. Other transportation options to get to the hospital are taxicab (303-777-7777) and or a ride with a friend/support person.
Please contact the Office of Victim Assistance (OVA) at 303-492-8855 to review any of these options. Any communication with this office is confidential.
Measures can be put in place after an occurrence of sexual misconduct or discrimination and harassment. These measures can include how to file for a protective order; help communicating with professors and academic systems; options for adjusting housing and living situations; changes to work schedules and living situations; changes in transportation; or visitation, access or activity restrictions, etc. For assistance with accommodations and interim remedies, please contact Regina Tirella in the Office of Institutional Equity and Compliance at 303-735-7521 or for confidential assistance please contact the Office of Victim Assistance (OVA) at 303-492-8855.
A responsible employee who witnesses or receives a written or oral report or complaint of sexual misconduct, protected class discrimination and harassment, or related retaliation must promptly report it to the Office of Institutional Equity and Compliance (OIEC).
A failure to report this information promptly to OIEC is a policy violation.
If an individual discloses an incident to a responsible employee who by definition is a mandatory reporter, but the individual wishes to maintain privacy and requests that no investigation be conducted, that no disciplinary action be taken, or that the allegation not be reported to law enforcement, the responsible employee remains required to report all relevant information to the Executive Director of OIEC or designee.
A responsible employee is any employee who:
Examples of responsible employees include, but are not limited to: faculty, teaching assistants, residence advisors, academic advisors, coaches, supervisors, and anyone who leads, administers, or directs University programs.
*This does not include any medical, mental health, counseling, or Ombuds Office personnel, in addition to any other offices covered by a statutory privilege or designated in campus procedures as not subject to mandatory reporting to the University.
Contacting OIEC via one of the methods below and disclosing the relevant information will fulfill the reporting requirement.
When an individual notifies OIEC (either directly or through a responsible employee, advocate, third party or other) that they have experienced conduct prohibited by these policies, OIEC will provide assistance as needed (and whether or not there is a formal report or participation in an investigation) in accessing on and off campus services, including but not limited to counseling, health services, mental health services, victim advocacy, legal assistance, visa and immigration services, and/or the availability of forensic sexual assault nurse exams (“SANE”).
OIEC will also discuss options for resolution with the Complainant (formal investigation, informal resolution, or not proceeding with any action), privacy and confidentiality, the prohibition on retaliation, and the fact that there is no statute of limitations for addressing a complaint. If the individual would still like to maintain privacy and does not wish for OIEC to investigate or address the matter or the individual does not wish for OIEC to report the matter to law enforcement, the Executive Director of OIEC or designee will weigh and determine those requests against the University’s obligation to provide a safe, non-discriminatory environment for all students, faculty, and staff.
For a written summary of options and resources available to any victim of sexual misconduct or protected class discrimination and harassment, please refer to “Options for Reporting, Assistance and University Resolution Process” on our website: http://www.colorado.edu/institutionalequity/reporting-options.