Requests for No Action
When Student Support & Conduct is made aware of an alleged sexual violence situation, a victim will be sent resources via their university email address.
If there is no response from the victim, Student Support & Conduct will contact the alleged individual(s), if known, to discuss the concern and educate on sexual violence prevention. The information collected will be documented.
If the victim requests that no action be taken, Student Support & Conduct and the university must weigh that request against the obligation to provide a safe environment for all students, including the victim.
No action requests could include the following:
- A request to not contact the alleged individual(s).
- A request for no investigation from the university.
- A request for no conduct action to be taken.
If the university honors the request for no action, a victim must understand that the university’s ability to meaningfully investigate and respond to the incident may be limited. Although rare, there are times when the university may not be able to honor a victim’s request in order to provide a safe environment for all students. When weighing a victim’s request for no action the following will be considered:
- whether the sexual violence was committed by multiple respondents.
- whether the alleged respondent threatened further sexual violence or other violence against the victim or others.
- whether the alleged respondent has a history of arrests or records from a prior school indicating a history of violence.
- whether there have been other sexual violence complaints about the same alleged respondent.
- whether the alleged respondent will commit additional acts of sexual or other violence.
- whether the sexual violence was perpetrated with a weapon.
- whether the victim is a minor.
- whether the respondent participates in university-approved student activities (e.g., athletics, band, ROTC, etc.).
- whether the university possesses other means to obtain relevant information of the sexual violence (e.g., security cameras, personnel, physical evidence).
- whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.
The presence of one or more of these factors could lead the university to investigate and, if appropriate, pursue conduct action. If none of these factors is present, the university will likely respect the victim’s request for no action.
If determined that the university cannot maintain a victim’s confidentiality, the university will inform the victim prior to starting an investigation. The university will remain ever mindful of the victim’s well-being and will take ongoing steps to protect the victim from retaliation or harm. The university will work with the victim to create a safety plan, however the victim may not be required to participate in any investigation or conduct process. Retaliation against the victim, whether by students or university employees, will not be tolerated.