If you would like to explore your options for formal action, you can consider a variety of options. You may report to:
- Medical professionals: One option is to go directly to Goshen Health Emergency Room at 200 High Park Avenue. You can ask an On-Call Residence Life Coordinator, Campus Safety, the Faculty Advocate, or a trusted friend to go with you.
- The Goshen City Police Department: 911. The Goshen City Police Department will respond by sending an officer to the location you tell them. The officer will ask you questions and collect information about the assault. They can help you go to a safe place or to the emergency room.
- A trained advocate from Victim Assistance Services for the Elkhart County Prosecuting Attorney’s office (574.523.2237) can help you access resources and options for reporting. 301 S. Main Street, Suite 100, Elkhart IN 46516.
- A Residence Life Coordinator. The On-Call Residence Life Coordinator (574.535.6273) is available 24-hours a day to help you connect to immediate resources. The Residence Life Coordinators are mandatory reporters but can provide swift and direct help.
- Campus Safety (574.535.7599): 24-hour availability to support your immediate safety.
- Report the incident to Student Services at 574-535-7543 or email Student Service Department (email@example.com) during the day.
- The Faculty Advocate (574-535-6232 (firstname.lastname@example.org) can help you consider options and complete a report.
- Any member of the Sexual Misconduct Response Team (below) can inform you of reporting options and steps for processing an incident on campus.
Rights of Complainant & Respondent
- Rights of a student reporting sexual misconduct/violence
- Rights of a person against whom a report of sexual misconduct/violence has been made
Reporting to the Sexual Misconduct Response Team
Reports of sexual assault and misconduct on campus begin with a report to a member of the Sexual Misconduct Response Team (SMRT), a Goshen College organization that collects evidence and provides a finding of situations of sexual misconduct. Members of the Sexual Misconduct Response Team have been trained through the Association of Title IX Administrators (ATIXA).
- The Sexual Misconduct Response Team’s role is to receive reports of sexual misconduct, determine whether or not the report is substantiated, and issue consequences and/or disciplinary action.
- The Sexual Misconduct Response Team will provide information about health and safety resources and provide changes to academic, living and employment arrangements during the investigation and following the finding.
- Confidentiality is maintained to the extent that it does not inhibit a thorough investigation. Your identity is known to members of the Sexual Misconduct Response Team but otherwise remains protected throughout the investigative process.
Survivors may contact the SMRT members directly and individually for information and access to resources for yourself or a friend. Each member is a mandatory reporter.
At any point in the process, survivors may contact a variety of people for support, to get advice on options, or to be directed to additional resources. This includes the faculty advocate, campus counselors, residence life staff and student services. Off-campus contacts are available as well.
Procedure and process when a complaint is submitted to the SMRT
- A student contacts a member of the Sexual Misconduct Response Team.
- Immediate administrative action will be taken to end the harassment, provide support and prevent the recurrence of violations. The Title IX Coordinator is notified that a report has been submitted to the Sexual Misconduct Response Team.
- After the report is received by a member of the Sexual Misconduct Response Team, the report is reviewed with the complainant; the complainant signs the report to indicate confirmation of its accuracy. The Sexual Misconduct Response Team will give the complainant options of responses to the incident and ask the complainant for their preferred response. A copy of the misconduct policy as well as the complainant’s rights are given to the complainant; the student is encouraged to notify the Sexual Misconduct Response Team with any additional information related to the reporter if any retaliatory behaviors are observed. The person who reports experiencing sexual misconduct/violence is identified technically as “complainant.”
- Following the meeting with the complainant, an investigative team is selected from among members of the Sexual Misconduct Response Team and decides on a course for the investigation: additional information from the respondent, any witnesses, or the report is received by a member and other relevant data points are outlined. The Sexual Misconduct Response Team maintains a position of impartiality. In some cases Goshen College may contract with an external investigative team to support the ability of the Sexual Misconduct Response Team to reach a timely determination.
- Confidentiality is requested of all members and involved parties.
- The Sexual Misconduct Response Team’s investigators contact the respondent, the term used to refer to the person against whom a report of sexual misconduct/violence is made. A summary of the complainant’s report is shared with the respondent. The investigative team asks the respondent a prepared list of questions. After all evidence is collected into a report, the report is reviewed with the respondent: the respondent signs the report to indicate confirmation of its accuracy. A copy of the misconduct policy and the respondent’s rights are given to the respondent; the respondent is encouraged to notify the Sexual Misconduct Response Team with any additional information or if any retaliatory behaviors are observed.
- After data collection, the investigative team meets with remaining members of the Sexual Misconduct Response Team to 1) review available data 2) to reach a conclusion:Substantiated, Unsubstantiated or Inconclusive using a preponderance of evidence standard, meaning that the misconduct/violence is “more likely than not” to have occurred. This standard is different than that used in criminal cases (“beyond a reasonable doubt”).
- The Sexual Misconduct Response Team presents a written statement of its findings and determinations to the Dean of Students (the administrative designee for Sexual Misconduct Response Team processes) for inclusion in formal Memos of Understanding. These memos are the mechanism for communicating the outcome of the investigation and the determination of the Sexual Misconduct Response Team. The time between notice of a complaint and communication of determination will be no longer than 60 days, except in cases of unusual complexity.
- The complainant and respondent have the right to appeal final determination of responsibility and/or the resulting sanction based on the limited grounds of substantial procedural error that materially affected the outcome and/or material, new evidence not reasonably available at the time of the determination. Any appeal must be submitted to the Title IX Coordinator within 72 hours of the receipt of the Memo of Understanding.
The amount of time from the receipt of report to conclusion goal from receipt of report will vary according to an incident’s complexity. Goshen College will complete the investigation, make a determination and implement responses within a 60-day timeline as outlined by Title IX.
Responsibilities of the SMRT:
The person who reports experiencing sexual misconduct/violence is identified technically as “complainant.” The person against whom a report of sexual misconduct/violence is made is identified technically as “respondent.”
- To receive all reports of sexual misconduct;
- To assure that each complainant and respondent is provided information regarding appropriate health, counseling, spiritual, and other resources and to assist the complainant and respondent in accessing those resources, if requested;
- To assure that each complainant receives information on how to contact campus and local law enforcement authorities, if appropriate, and to assist the complainant in contacting law enforcement authorities, if requested;
- To assure that arrangements are made for appropriate changes to the academic, employment, or living circumstances of complainants and respondents during investigation of a complaint of sexual misconduct;
- To investigate reports of sexual misconduct in a prompt and equitable manner and ensure that the proceedings provide a prompt and equitable solution. Goshen College will complete the investigation, make a determination and implement responses within a 60-day timeline as outlined by Title IX;
- To determine whether or not a report is substantiated by a preponderance of the evidence, meaning that the misconduct or violence is “more likely than not” to have occurred. This standard is different than “beyond a reasonable doubt,” which is used in criminal cases;
- To issue consequences, including disciplinary action, and to inform the complainant and respondent of those consequences;
- To treat all reports as confidential to the extent consistent with conducting a thorough investigation. The identities of the complainant and/or respondent are known to the person initially contacted and one or two other trained investigators but otherwise remains protected throughout the investigative process;
- To take or recommend disciplinary or other corrective action where appropriate; and
- To simultaneously advise both the complainant and the respondent of the following:
- the outcome of the investigation;
- when Goshen College accepts an appeal of the results from the complainant or respondent;
- any change to the result that occurs before it becomes final (if it is being appealed);
- when the result will become final; and,
- any disclosures of the results.
No other individual or entity may engage in an investigation of a report of sexual misconduct on behalf of Goshen College outside the jurisdiction of the Sexual Misconduct Response Team. The response team will keep confidential reports of sexual misconduct and information obtained in the investigations to the extent consistent with completing a thorough and impartial investigation.
The response team receives annual training on the issues related to domestic violence, dating violence, sexual assault and stalking and how to conduct an investigation and hearing process that protects the safety of victims and survivors and promotes individual and institutional accountability.
Goshen College will promptly and equitably address any complaints of sexual misconduct by:
- advising the person reporting the sexual conduct (“the complainant”) about the importance of preserving evidence, as well as the standard for a substantiated report being a preponderance of evidence;
- advising the complainant about available college and community resources, including health care services, counseling and other mental health services, and law enforcement authorities;
- assisting the complainant in accessing college and community resources, including campus and local law enforcement authorities, when such assistance is requested;
- making changes in living, working, employment, or academic arrangements as appropriate; and
- carrying out a prompt and thorough investigation conducted by the Sexual Misconduct Response Team and supervised by Title IX coordinator. Goshen College will complete the investigation, make a determination and implement responses within a 60-day timeline as outlined by Title IX.