XX. Preservation of Evidence
The preservation of evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders and is particularly time sensitive. The University will inform the Complainant of the importance of preserving evidence by taking actions such as the following:
Stalking/Dating Violence/Domestic Violence/Sex-Based Harassment
- Evidence in the form of text and voice messages will be lost in most cases if a party or witness changes their phone number
- Make a secondary recording of any voice messages and/or save the audio files to a cloud server
- Take screenshots and/or a video recording of any text messages or other electronic messages (e.g., Instagram, Snapchat, Facebook)
- Save copies of e-mail and social media correspondence, including notifications related to account access alerts
- Take time-stamped photographs of any physical evidence including notes, gifts, etc. in place when possible
- Save copies of any messages, to include those showing any request for no further contact
- Obtain copies of call logs showing the specific phone number being used rather than a saved contact name if possible
- If changing devices, make sure to transfer any files needed to the new device
During the initial meeting between the Complainant and the Senior Director of Student Experience and Title IX Coordinator, the importance of taking these actions will be discussed, if timely.
Sexual Assault
- Seek forensic medical assistance at the nearest hospital, ideally within 120 hours of the incident (sooner is better)
- Avoid urinating, showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do
- If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth
- If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence) or secure evidence container (if provided by law enforcement)
- Seeking medical treatment can be essential even if it is not for the purpose of collecting forensic evidence
During the initial meeting between the Complainant and the Senior Director of Student Experience and Title IX Coordinator, the importance of taking these actions will be discussed, if timely.