Samford University

Student Handbook: Students' Rights and Responsibilities

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Title IX Sexual Misconduct Policy: Effect of Criminal Proceedings

Effect of Criminal Proceedings

Because sexual misconduct and relationship violence acts may constitute both a violation of University policy and criminal activity, the University encourages students to report alleged such acts promptly to local law enforcement agencies.  Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence.  Because the standards for finding a violation of criminal law are different from the standards for finding a violation of this policy, criminal investigations or reports are not determinative of whether a sexual misconduct or relationship violence act has occurred as it relates to this policy.  The filing of a complaint of a sexual assault under this policy is independent of any criminal investigation or proceeding. While the University’s investigation may be delayed temporarily while the criminal investigators are gathering evidence, the University may not wait for the conclusion of any criminal investigation or proceedings to commence its own investigation and may take interim measures to protect the complainant and the University, if necessary.