Rules and Procedures Related to Sexual and Moral Misconduct

AUP is committed to maintaining the privacy of all individuals involved in a report of sexual and moral misconduct. Information related to a report of misconduct will be shared only with those AUP employees who need to know in order to assist in the review and/or investigation and resolution of the complaint.

It is important to note that in some situations, and provided that the underlying facts are confirmed, the law may require AUP to report the offense to the French authorities. In such a case, AUP will explain the reasons to the complainant and provide support throughout the process. Under no circumstances will AUP obligate a complainant to participate in an investigation.

AUP recognizes that the decision whether or not to report sexual or moral misconduct is personal and that there are many barriers to reporting, both individual and societal. Not every individual will be prepared to make a report to AUP or to law enforcement, and individuals are not expected or required to pursue a specific course of action. AUP recognizes that choosing to make a report, and deciding how to proceed after making the report, can be a process that unfolds over time. To the greatest extent possible, AUP will respect an individual’s autonomy in making these important decisions and provide support that will assist each individual in making that determination.

As outlined in the Resources section of this policy, there are resources off campus and in the community available to individuals not wishing to make a report to AUP.

It is important to note that anyone who deliberately makes a false report may be held criminally liable for false denunciation.

Reporting

Students wishing to make a report should contact the Guidance Counseling Unit in the Department of Student Development (guidancecounselingaup.edu). Reporting is entirely confidential and is always optional – never mandatory. At the time of reporting, students may request additional resources including an informal resolution, the launch of a formal complaint or assistance filing a police report. They may also choose to take no further action.

At the time of reporting, the guidance counselor may recommend interim measures and may also consult with the Dean of Students, the Vice President of Student Services, the Provost or other offices to implement and enforce these measures, including:

• a restraining order to prevent contact between a complainant and a respondent;
• changes in housing assignment for one or both parties;
• academic accommodations;
• emotional and other support; and
• counseling.

These interim measures may be applied even if the student decides to take no further action. As outlined in the Resources section of this policy, there are off campus resources available to individuals not wishing to make a report to AUP. It should also be noted that students may choose to report to a member of faculty, staff or a fellow student. Faculty, staff and students made aware of a complaint are encouraged to read the sexual and moral misconduct policy carefully. While never obligated to report incidents reported to them, faculty, staff and students are always encouraged to contact the Guidance Counseling Unit of the Department of Student Development for support and advice (guidancecounselingaup.edu). See also the resources outlined later in this policy.

In the case where another member of the AUP community stands accused, a student may choose to file a formal complaint, thus initiating a disciplinary process. The Guidance Counselor, Dean of Student Development or Vice President of Students can explain to students the process for filing a formal complaint, including issues related to privacy and confidentiality. 

Depending on the circumstances, students may choose at this stage to proceed with one of the following:

Informal Resolution. Informal resolutions are generally pursued when the complainant, having been fully informed of all available options, has explicitly made that choice. An informal resolution process is voluntary, and a complainant or respondent can ask to end the informal resolution process at any time before its completion. Once a report has been resolved through an informal resolution process, the matter will be closed.

Mediation. The complainant may ask for mediation to resolve his or her report. Both parties must consent to mediation. The guidance counselor may lead mediation or may ask other parties to take a lead, including but not limited to the Dean of Student Development, the Vice President of Students or outside counselors. A matter will be deemed satisfactorily resolved when both parties agree in writing to an outcome that is also acceptable to person charged with leading the mediation. At any stage during the mediation process, the complainant or respondent may terminate the mediation and elect to begin formal complaint procedures.

Formal Complaint. A complaint of violation of the sexual and moral misconduct policy should be filed directly with the Dean of Student Development. A guidance counselor can assist a student in filing a formal complaint. Formal complaints must be made in writing. In order to institute a formal complaint, the following information is essential:

• The name of the accused (if known)
• A description with reasonable specificity of the incident(s) of alleged misconduct, including the date and place of such incident(s)
• A list of any sources of potential information (e.g., witnesses, correspondence, records, etc.) that the victim or third-party believes may be relevant to the investigation.

At the start of each academic year, four members of staff and four members of faculty will be called upon to serve on the Sexual and Moral Misconduct Committee, chaired by the Dean of Student Development. All members of the committee will receive appropriate training.

Once a formal complaint has been filed, the Dean of Student Development will promptly call on one member of the committee to join him or her in conducting an investigation, reviewing and responding to all reports of sexual and moral misconduct. This committee will approach each investigation with an earnest intent to understand the perspective and experiences of each individual involved in order to ensure fair and impartial evaluation and resolution. Should allegations of sexual misconduct be found to be true, disciplinary action will be initiated.

The complainant and the respondent may each choose one person to serve as their advisor who can be present at all meetings with the Dean and appointed committee member. The advisor is not allowed to directly address the Dean, the committee member or witnesses. The advisor cannot serve as a witness. Disruptive advisors will be removed from the process, and the process will continue. Students are required to notify the Dean of Student Development one business day in advance if they plan to bring an advisor.

The investigation process is conducted in five steps:

1. The Dean and appointed committee member will meet with student respondents in order to provide written notification of the allegations, provide the respondent with a copy of the policy and its procedures, inform the respondent of his or her rights under this policy and answer any questions regarding the policy, process and procedures that the respondent may have.
2. The Respondent will have five (5) business days to submit a written response to the allegations to The Dean and appointed committee member. The investigation will continue regardless of whether the respondent chooses to participate in the process.
3. The Dean and appointed committee member will proceed with an investigation, determining to the best of their ability whether a violation of policy has occurred based on the evidence available.
4. The Dean and appointed committee member will request individual interviews with witnesses provided by both the complainant and respondent as appropriate. Witnesses may also include those identified by a university representative, those identified by other witnesses, and any other persons that the Dean and appointed committee member consider it proper to interview.
5. To the extent that the final report of The Dean and appointed committee member concludes that a violation has occurred, the report will include appropriate sanctions. The Dean and appointed committee member will notify the complainant and respondent simultaneously in writing of the final findings. Such notification shall include the process, reasons for and deadline for appealing the investigators’ finding.