Frequently Asked Questions about Reporting Sexual Violence

Options include reporting the situation as a crime, filing campus judicial charges, both, or neither.  Unless there is a threat to you or the wider UB community, the choice of how to proceed will be yours.  Regardless of whether you choose to proceed with criminal or campus charges, the University will provide accommodations.  These accommodations may include relocation of housing, counseling support, academic accommodations, workplace accommodations, and other assistance to ensure that you get the support you need.

In certain situations involving a threat to safety, UB may be obligated to proceed with an investigation regardless of a victim's willingness to proceed.  In order to allow for a better understanding of which resources are completely confidential and the circumstances where UB might have to proceed with an investigation, we developed a resource called Options for Confidentially Disclosing Sexual Violence. This resource is intended to ensure that you can gain information, support and options while maintaining complete control over how your situation will be handled.

Yes.  You can still report the incident to UPD, to pursue criminal charges, judicial charges, or both.  Regardless of when the incident occurred, you are entitled to supportive measures such as counseling services and academic or workplace accommodations.

The University Police Department can help you to file criminal charges.  A UPD representative will listen to what has happened to you and will provide options for proceeding.  Even if the incident occurred off-campus or was perpetrated by someone who is not a UB student or employee, UPD can help you connect with the appropriate local authorities to file a criminal complaint.  University Police Officers are highly trained professional police officers. They possess full state authority to enforce all state and local laws and University regulations. 

For many people, the idea of reporting to the police can be intimidating.  Victims may fear that they will be blamed for what happened, or questioned about whether they'd been drinking or what they were wearing.  Please be assured that UPD has extensive experience and training in talking with sexual violence survivors, and they understand how important it is for their interview with you to be a comfortable experience.  Under UB's Students' Bill of Rights, you have a right to have your concerns taken seriously, and to be free from any suggestion that you are at fault for what happened.

If you would like a different avenue of support and assistance, you can also receive assistance from a Crisis Services advocate. This confidential resource will give you help and support as you decide how to proceed, and can assist with reporting the matter as a crime.  You should not have to feel alone, and Crisis Services is an excellent resource for support.  

University Police can proceed with your report, which may include contacting the local police in the jurisdiction where the incident occurred for off-campus situations.  University Police and/or the local police may refer the situation to the district attorney's office, which will decide whether to proceed with charges.  The criminal proceeding is separate from any University proceeding, and UB does not have control over the timeframe for the criminal case or the district attorney's decision regarding whether the case will go forward.

You have a right to accommodations while the criminal case is pending.  These include measures to separate the parties, changes in housing and academic or workplace accommodations.  In cases where there may be a danger to campus, UB's Student Conduct may issue a temporary removal from campus and proceed to a disciplinary hearing under UB's Rules and Regulations. In cases that involve actions by people who are not UB students or employees, UB may issue an order banning the person from campus in order to protect you and others. 

Rape is a serious crime, and victims have the right to file a report with University Police and/or the local police jurisdiction where the rape occurred in order to start the criminal process. Contact information for reporting is listed in UB's Sexual Violence Response Policy.  

In addition to being a crime, sexual violence in any form violates UB's Rules and Regulations. Proceeding with a criminal charge may take months or years, and in some cases, a district attorney's office may decide there is not enough evidence to prosecute the matter as a crime. In the meantime, UB may be on notice that there is a potential threat to campus, and a victim of sexual violence may choose to leave school rather than to see their assailant on campus while a criminal case is pending.  Research shows that assailants are often repeat offenders.  If a school does not act on a report of sexual violence, it may be placing other members of the UB community at risk.

For these reasons, the United States Department of Education has clarified that schools must promptly investigate situations where we are on notice of sexual violence. Under Title IX, schools are required to ensure that students are not in an ongoing hostile environment. We are required to hear cases of sexual violence as violations of our Rules and Regulations under a "preponderance of the evidence" standard. This is a lower standard of proof than the criminal "beyond a reasonable doubt" standard.  Under this standard, a party will be found responsible if the evidence shows it is more likely than not that they are responsible for sexual violence.  Schools are not permitted to wait for the outcome of a criminal case before proceeding with campus charges, and must hear the case in a prompt manner.

Finally, it is important to understand that sexual violence offenses are not the only crimes that violates UB's Rules and Regulations. UB also adjudicates drug offenses, DWIs, assault and battery, and similar crimes through our judicial system, regardless of whether the matter is being prosecuted criminally. If someone were to commit armed robbery on campus, be released on bail and attempt to resume classes, UB would be required to suspend the student and hold a hearing in order to protect the safety of campus and provide due process to the accused. There is no reason to give victims of sexual violence less protection through our judicial process than we do victims of other crimes.

You can contact the University Police Department or Equity, Diversity and Inclusion to initiate an investigation.  UPD and EDI will explain the investigatory procedure and, once the investigation is complete, forward the report to Student Conduct.  Student Conduct will meet with you to discuss the process and any accommodations you might need moving forward.  A hearing will be scheduled at a date and time that accommodates both the reporting party and the accused party.

UB takes sexual violence charges against our faculty and staff extremely seriously.  Our employees are entrusted with the welfare of our students.  Any sexual misconduct will result in disciplinary proceedings.

Most UB faculty and staff are unionized, which means that UB has to follow disciplinary procedures under the unions' collective bargaining agreements.  The disciplinary process is handled through UB's Office of Employee Relations.  Employee Relations will conduct an investigation and propose sanctions which could include suspension and termination.  An accused employee has the right to grieve the proposed penalty, and this may ultimately result in a hearing.  You will have the right to determine the degree to which you are comfortable participating in any disciplinary proceeding.   

Employees have the right to report sexual violence perpetrated by a member of the UB community, and University Police will also provide assistance with reporting when the perpetrator is not a UB student or employee. Employees also have a right to supportive measures. These can include the following:

• Workplace accommodations, such as time away to attend hearings or to cope with after-effects of the incident
• Tenure clock extensions
• Referrals to medical, counseling, and advocacy services
• Workplace safety plans 
• No contact directive or (for people unaffiliated with UB) restrictions from visiting campus

Help is available regardless of whether the person who perpetrated the conduct is a UB student or employee. If you need assistance, please contact EDI. 

First, it is very important that you understand that this is a serious charge.  Sanctions for students found responsible for sexual violence are either a long-term suspension or expulsion, and this will be noted on your transcript if you are found responsible.

UB understands the importance of protecting the rights of both parties to a sexual violence charge.  You have the right to due process, including the right to know what has been alleged.  Both parties have the right to view the evidence that will be presented at the hearing, and a right to have an advisor or support person present.  You have the right to have your side of events heard.

In order to issue a finding of "responsible," the hearing panel must find that the evidence establishes that it is more likely than not that you committed the offense.  This is called the preponderance of the evidence standard.  You have the right to a presumption of innocence until a finding has been made.  Any finding will be based on the evidence during the hearing.

Not for cases handled by Student Conduct.  Students have the option of providing testimony by phone or videoconference.  A hearing may also be based on a charging party's statement if the person does not wish to testify.  A decision not to testify may make it more difficult to establish sufficient evidence to support the charge, however. 

Charges filed against UB employees are governed by union-negotiated disciplinary procedures.  These procedures may ultimately require an accuser to testify before an arbitrator in person, in the presence of the accused.  While UB will strongly advocate for measures to protect the comfort of the charging party while preserving due process, the conditions for testimony are determined by the arbitrator.  

Under Title IX, schools cannot expel an accused student without evidence of wrongdoing.  You have the right to a fair process that considers all of the evidence, including your testimony.  Both parties have the right to understand what evidence will be presented.  In order to be found responsible for sexual violence, you must be proven responsible by a preponderance of the evidence - which means that the hearing must demonstrate that it is more likely than not that you violated UB's Rules and Regulations.

We understand that there is a lot at stake for both parties in a hearing.  UB hearing officers are full-time professional staff who are trained in conducting fair and impartial hearings.

Yes, either party to a hearing may have an attorney present as an advisor.  An advisor may also be a family member, friend, or any other person whom a party wants to be present. 

The possible sanctions are expulsion from UB, or a long-term suspension.  Additionally, students found responsible for sexual violence will have this noted on their transcripts.

Yes.  Both parties have the right to appeal the outcome.

Regardless of whether you choose to proceed with criminal or campus charges, the University will provide accommodations.  These accommodations may include a no-contact order, relocation of housing, counseling support, academic accommodations, workplace accommodations, and other assistance to ensure that you get the support you need.  Contact EDI or Student Conduct if you are experiencing academic difficulties, would like a referral for counseling or if you need other assistance. UB's Employee Assistance Program is a helpful resource for employees as well. 

Yes.  UB is required to provide comparable support and assistance to both parties to a sexual violence claim.  You can also access counseling services, academic accommodations, workplace accommodations, and other support.  Contact EDI or the Dean of Students Office for assistance.  

UB can provide assistance in minimizing the contact that you have on campus with someone who assaulted you.  You have the right to a No Contact order, which requires the other party to stay away from you and not to try to reach you directly, electronically or through third-parties such as family members or friends.  We can also make changes to housing arrangements, and academic changes to minimize contact.  We can make these arrangements even if you choose not to pursue criminal or campus judicial charges.  You should be aware that because everyone is entitled to due process, any changes would need to be made to your classes or housing if you do not want to move forward with charges.

In cases where UB has information that a student could pose a danger to you or others, we will issue a temporary removal pending a campus judicial hearing.  If there is no potential danger to you or others, you still have the right to expect that you will be free from unwelcome contact by the accused party.  UB cannot guarantee that you will never see the accused party, but we will take action if this individual attempts to interact with you or harass you.  

You still have a right to assistance from UB.  Even if the person who assaulted you is not a UB student or employee, we can still help in the following ways:

• UPD can assist you with reporting the crime;
• We can issue an order banning the person who assaulted you from UB's premises so that you don't have to fear encountering them;
• You can obtain academic accommodations if you are having difficulties attending class or if your performance has suffered because of the impact of the crime; and
• You can access services through UB's Counseling Services or Employee Assistance Program, and also connect with on-campus support groups such as the Student Survivor Advocacy Alliance.