Procedures Victims Should Follow if a Crime of Dating Violence, Domestic Violence, Sexual Assault, or Stalking Occurs

The following information is the same for both the Title IX Sexual Misconduct process and the Non-Title IX Sexual Misconduct process. Any areas that may be different will be specifically noted.

After an incident of sexual assault, dating violence, or domestic violence, the victim should consider seeking medical attention as soon as possible at the hospital that is closest to the campus. Sexual Assault Nurse Examiners (SANE) at the hospital are trained and certified in physical evidentiary recovery kit collection. Preserving DNA evidence can be key to identifying the perpetrator in a sexual violence case. Evidence may be collected, even if the victim chooses not to make a report to law enforcement.

If a victim of sexual assault does not wish to involve the police at the time of the assault, there is still an option to have the forensic evidence collected in a timely manner. As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult.

It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/ linen/area where they were assaulted if the offense occurred within the past 96 hours, so that evidence may be preserved that may assist in proving that the alleged criminal offense occurred/or is occurring, or may be helpful in obtaining a protection order. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted infections.

Victims of sexual assault, dating violence, domestic violence, and stalking are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs, or other copies of documents, if they have any, that would be useful to university adjudicators/Investigators or local police. Regardless of the preservation of evidence, the assault should be reported.

Involvement of Law Enforcement and Campus Authorities

Although the university strongly encourages all members of its community to report violations of this policy to the Texas Tech Police Department or local law enforcement agency, it is the victim's choice whether or not to make such a report. A victim may be assisted in notifying law enforcement if they choose, but have the right to decline to notify law enforcement.

Reporting Incidents to the University

Victims are always encouraged to report incidents to the police and/or the Office for Student Civil Rights & Sexual Misconduct, however any of the offices listed included in this Report and any University employee may assist students in reporting misconduct. Students may report confidentially at the Student Counseling Center, the Family Therapy Clinic, or the Psychology Clinic.

A victim may report to the Office for Student Civil Rights & Sexual Misconduct 24 hours a day, 365 days a year by filing a report online at https://cm.maxient.com/reportingform.php?TexasTechUniv&layout_id=40. A victim may also report in person by visiting the Office for Student Civil Rights & Sexual Misconduct/Title IX. Reports of all dating violence, domestic violence, sexual assault, sexual harassment, public indecency, sexual exploitation, stalking, and any form of gender-based misconduct or discrimination made to TTPD will automatically be referred to the Title IX Coordinator for review. The Office for Student Civil Rights & Sexual Misconduct is not a confidential reporting entity and is required to report criminal incidents as a Campus Security Authority (CSA) for Clery Act compliance purposes.

When a report involving Sexual Misconduct is made to any university employee, except those deemed a Confidential Resource (such as employees at the Student Counseling Center) the employee is required to report the incident to the Title IX Coordinator, including all known details, for follow up. If the crime is a Clery crime, the incident report will also be sent to the Clery Compliance Officer.

Individuals seeking to file a Formal Complaint should begin by reporting the alleged Sexual Misconduct to the Office for Student Civil Rights & Sexual Misconduct or the System Office of Equal Opportunity. Upon receiving such report, the Title IX Coordinator or System Office of Equal Opportunity will promptly contact the Complainant to: (1) discuss the availability of Supportive Measures, which are available with or without the filing of a Formal Complaint, and (2) explain to the Complainant the process of filing a Formal Complaint.

Such a report may be made at any time by calling the Office of Student Civil Rights & Sexual Misconduct/Title IX. People, other than employees, wishing to remain anonymous may do so by submitting a report via the Incident Reporting Form in an anonymous manner; however, electing to remain anonymous may limit the ability to investigate an alleged incident, collect evidence, and/or take effective action against individuals accused of violating this regulation.