Yes, Auburn University and Auburn Police strongly encourage immediate reporting of sexual misconduct. However, you have the choice whether, when and how to report the incident.

Police investigators will want to meet with you and ask you detailed questions about the incident. We understand that the questions may be uncomfortable, but police officers are trained to ask necessary questions in a respectful way and to be sensitive to the trauma surrounding sexual misconduct. Investigations typically include both a preliminary and a subsequent in-depth interview.

The investigators will try to gather specific information that will aid in their investigation, including the elements of the crime(s), witness and suspect information, and evidence. If you can identify the other person, investigators will follow-up with that person. Depending on the circumstances, investigators may also want to speak with others who were present before, during, or after the incident.

If less than 72 hours have passed since a sexual assault occurred, the police will encourage you to have a sexual assault nurse exam (SANE) conducted by a trained nurse. During this exam, evidence is collected that may be helpful for the investigation. If you choose not to have the forensic exam, police will still encourage you to seek medical attention to include testing for pregnancy and sexually transmitted diseases or infections. Exam information is available here.

The police will keep you informed and let you control how the investigation proceeds through each step. You are encouraged to use friends and advocates for support, and those supporters are invited to attend any meetings with police.

Federal law requires that Auburn University notify the campus community of certain crimes that happen on or immediately adjacent to campus property. At Auburn University, this notice is referred to as a public safety notice or timely warning and is generally issued as an email and social media post (Twitter and Facebook) from the Department of Public Safety & Security. If it is believed that the crime reported poses an ongoing threat to the campus community, a timely warning will be issued. However, the notification will not contain any identifying information about you or specific details of the incident that might identify you. The notice is intended to be a resource for the entire community, to provide information that can help protect the campus community, and to offer support for people who may have experienced or know someone who has experienced sexual violence.

If you experience sexual misconduct, you can report the incident to the police even if you do not know whether it qualifies as a crime. The police can help determine what options are available to you through the criminal justice process and refer you to other resources on campus or in the community. We understand that people sometimes are uncertain about reporting sexual misconduct to police if, for example, they are in a relationship with the other person, if there are no apparent physical injuries, or if the other person stopped or got scared away during the incident. Sexual misconduct can happen anywhere, in any form and with anyone, and we treat reports of sexual misconduct seriously in all cases.

Some people may be wary of reporting incidents to the police if they were engaged in certain activities before or during the incident, such as underage alcohol consumption or illegal drug use. At Auburn University, the health, safety, and welfare of students are of the utmost importance. Because the University understands that fear of possible disciplinary action may unnecessarily deter certain reports, students who report misconduct will not be found responsible for alcohol or drug-related policy violations.

Sometimes people may use drugs or alcohol when committing sexual misconduct, so you may have no recollection of what happened. The police can still help by finding witnesses and using other evidence to piece together what happened.
 
If you suspect you have been sexually assaulted, it is important to preserve physical evidence that can be useful in the investigation even if you do not yet know whether you want to report what has occurred. You should not bathe, change clothes or straighten up before meeting with the police. You can visit a hospital or the AU Medical Clinic where a trained nurse can conduct a sexual assault nurse exam (SANE) and collect necessary physical evidence, but you are not required to undergo this exam.

You are strongly encouraged to report incidents to the police immediately. The sooner the police are notified, the more likely they will be able to gather useful evidence. However, you may report an incident of sexual misconduct to the police at any time.

A criminal investigation and a university investigation have separate purposes and proceed independently of each other. Police seek to investigate and arrest people who may have broken the law. On the other hand, Auburn University considers whether a student’s conduct has violated university policy and warrants disciplinary sanctions. In a criminal trial, the defendant must be found guilty beyond a reasonable doubt. In the university disciplinary process, the standard is whether it is more likely than not that a university policy violation occurred. See #12 for exceptions.

You can contact police, but we strongly encourage you to consult with the potential victim before acting on their behalf. Filing a police report is an important decision for potential victims, and they are the ones who should control how they proceed. Police are not likely to conduct an investigation if the person is not ready or comfortable with that choice. It is more helpful to support someone’s decision whether or not to report a crime, rather than making that report – and that decision – on their behalf.

If investigators have probable cause to believe that the alleged offender has committed a crime, that person most likely will be arrested and charges will be filed. After receiving the police report, university disciplinary procedures may also be initiated against the alleged offender.

If you share a residence hall or have classes in common with the offender, the Title IX Office or Safe Harbor can assist with supportive measures to help you to avoid coming into contact with the person during the course of your everyday activities on campus. If the person is arrested, the judge may order that person to not contact you as a condition of their bond or probation. The person can be arrested and charged with a crime if they violate the judge’s order. Additionally, the university can issue a no-contact directive if the person is a university student or employee, and university disciplinary action can be taken if that person violates the university’s order.

If you share a residence hall or have classes in common with the offender, the Title IX Office or Safe Harbor can assist with supportive measures to help you to avoid coming into contact with the person during the course of your everyday activities on campus. If the person is arrested, the judge may order that person to not contact you as a condition of their bond or probation. The person can be arrested and charged with a crime if they violate the judge’s order. Additionally, the university can issue a no-contact directive if the person is a university student or employee, and university disciplinary action can be taken if that person violates the university’s order.

Auburn University has confidential resources and advocates at Safe Harbor you may speak with before deciding to report through a non-confidential process, like filing a police report. If you are not sure how to proceed, you are encouraged to talk with someone about the decision
Last updated: 10/20/2023