In addition to being forbidden by this Policy, Prohibited Conduct may be a violation of federal or state criminal law. The University encourages individuals to immediately report criminal activity to UAPD or local law enforcement.  Immediate reporting of crimes greatly enhances law enforcement’s ability to collect and maintain evidence.  For information about pursuing a criminal complaint, please contact UAPD at (205) 348-5454.  The Title IX Coordinator or WGRC may provide assistance or support to an individual voluntarily choosing to file a criminal complaint.

The standard of proof with regard to criminal offenses (proof beyond a reasonable doubt) is different from the University’s preponderance of the evidence standard, which applies to alleged violations of this Policy.  Conduct may be considered a violation of this Policy even if a determination is made that criminal charges are not warranted.  Therefore, findings by law enforcement officials are not final conclusions of whether the alleged conduct violates University policy.

Individuals may report Prohibited Conduct to UAPD without making a formal criminal complaint.  Individuals may and are encouraged to report alleged criminal Prohibited Conduct to UAPD or local law enforcement prior to making a formal University complaint.

When a UAPD officer receives a complaint that involves a student, employee, or on-campus activity, a UAPD official will notify the Title IX Coordinator regarding individuals involved in the alleged incident and any immediate measures taken by law enforcement.  The University investigation may be placed on hold while law enforcement conducts initial criminal fact-finding measures.  All involved parties have a right to appropriate and reasonably available interim supportive measures pending the initial criminal investigation.  Following the initial criminal fact-finding stage, the University will begin its internal investigation, which is independent of the criminal investigation.  During the investigation process, the Title IX Coordinator will communicate with law enforcement and allow deference to the criminal investigation.  Pursuant to the University’s confidentiality policy, which is discussed in the Policy, UAPD and the Tuscaloosa County Violent Crimes Task Force are considered “need to know” officials who may require information about incidents of alleged Prohibited Conduct for reasons of community safety.  Consistent with applicable privacy laws, the Title IX Coordinator may share statements, evidence, or other information gathered during the University’s investigation with these law enforcement entities.

After an alleged sexual assault/rape has occurred and the Complainant contacts University police, patrol officers will respond to the Complainant, ensure the Complainant’s well-being, and will, with the Complainant’s consent, contact a Victim Advocate from the WGRC or the District Attorney’s Victim Services Office.  The Victim Advocate may assist the Complainant during the investigation.  If immediate medical attention is necessary, the officers will help the Complainant arrange medical care at the emergency room where medical staff will provide medical intervention to the Complainant. The officers will also help the Complainant arrange for a forensic exam to be completed at the Tuscaloosa Safe Center where a Sexual Assault Nurse Examiner will treat potential sexually transmitted infections, pregnancy and/or preserve physical evidence of the assault.  The Victim Advocate is available to accompany the Complainant to the hospital or the SAFE Center and is available to provide counseling and/or support services as necessary at the hospital and on an ongoing basis throughout the investigation and beyond.

• The responding patrol officers, after receiving from the Complainant a brief description of what allegedly happened, will inform the appropriate police units and investigators. Officers will secure the crime scene and interview any witnesses. Responding investigators will arrive to identify and preserve evidence at the crime scene and conduct additional interviews if necessary.
• When ready and if Complainant wishes to file a criminal report, the Complainant must provide a detailed statement of the alleged assault to the investigators. The WGRC Victim Advocate or a District Attorney Victim Services Officer may be present.
• Officers may ask the Complainant to try and identify the suspect from a photo or physical lineup.

Investigators must gather enough evidence to establish “probable cause,” i.e., legal reason to arrest the suspect. When the evidence is ready, the investigators and Complainant will appear to meet with a magistrate to ask for a warrant allowing the suspect’s arrest. If a warrant is granted, the suspect can be arrested and jailed. The suspect may not spend all of the time before the trial in custody; when appropriate, bail/bond can be provided for the defendant.

The trial will typically be held in the Tuscaloosa County Courthouse in downtown Tuscaloosa. (With respect to sexual assaults/rapes in the Gadsden Center, the trial will typically be held in the Etowah County Courthouse located in Gadsden.) Sexual assault/rape trials generally involve testimony from the Complainant, the police investigators, the emergency-room/SAFE Center personnel, and other witnesses. If the accused defendant is found to be guilty of the crime, the judge will set the term of punishment.

There may be several judicial proceedings before the actual trial. For instance, a “preliminary hearing” may be held. This hearing, which is conducted before a judge, may require the Complainant to answer questions from the prosecuting attorneys and the defendant’s attorney.

The Complainant may also be asked to appear before the Grand Jury when it convenes to determine if the defendant is to be indicted. If the Grand Jury issues a “True Bill,” which indicates sufficient evidence was heard to indict the accused, a trial will be scheduled.

If an incident of sexual assault/rape, domestic violence, dating violence, or stalking occurs, it is important to preserve evidence.  In addition to assisting with any University investigation, preservation of evidence helps allow a successful criminal prosecution to remain an option.

• Special considerations for domestic violence, dating violence or stalking victims:  Evidence of violence, such as bruising or other visible injuries, following an incident of domestic or dating violence should be documented by taking a photograph.  Evidence of stalking including any communication, such as written notes, voice mail or other electronic communications should be saved and not altered in any way.
• Special considerations for sexual assault/rape victims: In addition to care of obvious injuries, medical attention is needed to protect the Complainant from sexually transmitted diseases and/or provide information about pregnancy.  Any person sexually assaulted who might consider taking legal action against the alleged Respondent needs to receive medical care and take steps to preserve evidence at a reputable emergency room immediately.  If the sexual assault/rape occurred in Tuscaloosa, such medical care can be obtained at DCH Regional Medical Center, adjacent to the university campus. Complainants in Gadsden may receive medical care at Riverview Regional Medical Center. The Tuscaloosa SAFE Center can assist with medical exams in which evidence of sexual assault/rape can be obtained and preserved for legal action. Without this evidence, the chances for successful prosecution are minimized.   Complainants should have the exam as soon as possible. They will need a change of clothes; the clothes worn during the assault will be kept as evidence. If a Complainant already changed clothes, they should bring along any articles that may have blood, semen, or other forensic evidence on them. In order to preserve physical evidence of the assault, Complainants should not change clothes, bathe, douche, or use the bathroom before seeking medical care.  Forensic examinations are available free of charge to sexual assault/rape victims at the Tuscaloosa Safe Center.