Report It

Confidentiality

The resources listed below are all able to protect your privacy by listening and offering assistance without having to report to law enforcement or university officials. If you are uncertain about what will happen and whether you want to report, contact any one of these resources.

Other university employees are able and willing to assist you, or another person who has been victimized, however, they are required to report such information to university officials. They cannot keep your information confidential, however there are limitations to who this information is shared with.

Parents and families are not informed unless you tell them or sign a release. Federal law does permit informing parents if there is a significant threat to your health or safety or that of someone else. Whether you are the complainant, a witness or the respondent, the university's relationship is to the student and not a parent.

On campus:

• Medical Clinic (320) 308-3191
• Counseling and Psychological Services (320) 308-3171

Off campus:

• Anna Marie’s Alliance 24-hour crisis hotline (320) 253-6900 or TTY (320) 258-3221
• Central Minnesota Sexual Assault Center (320) 251-4357 or 1-800-237-5090
• National Domestic Violence 24-hour Hotline (800-799-7233)

Confidential

Confidential resources can assist with understanding your reporting options, see "Deciding to report and confidential support" above.

Online

If you report online, your information will be sent to the Title IX Coordinator. Her office will contact you to schedule an initial inquiry meeting to review the allegations, discuss the Title IX complaint process and provide resources. If it is determined that the allegations rise to the level of an investigation, an investigator will be assigned to begin investigating.

If the assault, harassment or stalking was done by a St. Cloud State student or employee, St. Cloud State's Title IX Coordinator can provide assistance to help you complete your coursework safely. If the assault, harassment or stalking was not done by a St. Cloud State University student or employee St. Cloud State's Title IX Coordinator can still assist you.

Office of Institutional Equity and Access/Title IX Officer

If you report directly to the Office for Institutional Equity and Access, the Vice President for Equity and Inclusion & Title IX Coordinator will meet with you and determine whether a full investigation is required and be sure you are aware of other resources available to you. Once a complaint is received by any employee, the University has an obligation to conduct an inquiry into the allegations. If it is determined that the allegations rise to the level of a violation of the Student Code of Community Standards, an investigator will be assigned and the investigation will commence.

The actions of the Title IX Coordinator and other staff involved in Title IX work are governed by the Minnesota State Board of Trustees Policy and Procedure: 1B.1.1 and 1B.3.1.

Public Safety/Law Enforcement

If you report to St. Cloud State's Office of Public Safety they will assist you in contacting the St. Cloud Police Department to make a complaint to local law enforcement.

If you report to St. Cloud Police Department they will take your complaint and determine if an investigation by law enforcement is warranted. Both the University and local law enforcement can investigate the same complaint although they cannot always share information with one another.

Identity of Complainant

If you file a formal complaint the accused student has the right to know the identity of the complainant/victim. Complaints of alleged discrimination or sexual misconduct will be investigated through the MnSCU 1B.3 Policy which does not involve a hearing where the complainant and accused must face each other. Though there is no hearing, fair procedures will be followed before adverse actions are taken.

Additional Information

• Student Code of Community Standards
• Minnesota State 1B.1.1
• Minnesota State 1B.3.1

Process of reporting to law enforcement

After you have contacted law enforcement, an officer will arrive to discuss the various aspects of the criminal investigation with you. If you choose to proceed, the officer will need to take a formal statement to record the details of the crime. You can request that your advocate be with you while you are giving your statement.

The officers are not there to judge you. They are there to obtain information about the crime: the date and the time of the occurrence, location, description of the suspect, etc. You will also be asked about your activities before and after the incident. They will also ask about specific details of what happened to determine what crimes can possibly be charged.

The information you provide is the basis of a legal proceeding and must be accurate. You have the right to read over everything the law enforcement officer writes on forms and ask them to correct any misinformation. Once your report is transcribed, you can get a copy by calling the records division of the law enforcement agency. This only applies to the information which you have provided; you cannot see information or testimony someone else has given. Be certain to get the names, badge numbers, and telephone numbers of officers.

You must be truthful in each statement you make in any law enforcement or judicial proceeding. Inaccurate or incorrect information may cause law enforcement to follow false leads. If you are not certain of something or you don’t remember, it is okay to say so. If you do not know something exactly, describe it as accurately as possible. If you remember something later that you may not have told the law enforcement officers, call them with the information. Also, if you remember details a little differently later on; make sure to clarify this with law enforcement.  It is not unusual for memories to become clearer after a couple of nights sleep after a trauma.

After you report to law enforcement

Your statement to law enforcement is the first of several steps in an investigation. For example, the officer may interview the suspect and other possible witnesses and collect the evidence at the scene.  When law enforcement completes an investigation, the case is sent to the city or county attorney’s office, depending on the level of the charge. The attorney will decide if there is enough evidence to charge and prosecute the case.

If the attorney decides to charge the case, there are several court appearances the accused will have to attend before a trial, but in most cases the victim will not be required to attend. You can choose to go and watch the proceedings in open court. You can also ask your advocate to attend. If the case goes to a trial, a representative from the attorney’s office will contact you to prepare you for trial.

In court, it will not be you vs. the rapist. Your role is as a witness. The “State of Minnesota” prosecutes the suspect because the suspect is charged with committing a criminal act under the Minnesota state statutes.

Between the first appearance and the actual trial, many delays may occur. It may take many months before a case gets to a trial stage. This is not uncommon. Very few cases actually go to jury trial. In some cases defendants “plead” before a trial.

If a trial occurs, the case is decided by a judge or a jury based upon witnesses’ testimony and the physical evidence. To be convicted the defendant must be found guilty “beyond a reasonable doubt.” Because such a decision is being made, the defense attorney has the right to ask you questions. If the suspect is found guilty, a sentencing hearing will be scheduled. You may be contacted by a community corrections person for the purpose of a pre-sentencing investigation.  This is an open, public hearing you may want to attend. 

In an effort to feel more comfortable in the courtroom and to have a better understanding of the criminal proceedings, you may wish to contact the City or County Attorney’s Victim/Witness Coordinator or your advocate.

Usual order of events in a criminal court proceeding

• You file a criminal report with law enforcement.
• Law enforcement investigates and then presents the case to the attorney.
• The attorney decides whether there is enough admissible evidence to present the case to a jury.
• If charged and if the suspect pleads not guilty, several hearings will be set which the suspect must attend. You can be subpoenaed to appear at these hearings but typically you do not need to go.
• Trial (you are required to attend as a witness).
• Acquittal or sentencing.
• If sentenced, a sentencing date will be set.