Campus Police

Reporting and Investigating Violence on Campus

Revised: July 25, 2018

Training Objectives

At the end of this training, you should know:

• How to report crimes and emergencies
• Confidentiality Policy
• How to preserve evidence after a sexual assault
• The rights of victims
• Procedures for disciplinary hearings
• Where to go for additional help (Resources)
• How to file for a protective order
• Applicable LSUHSC-NO Policies

Reporting Crime or Emergencies

If you are involved in an emergency situation, are the victim of a crime, or witness any criminal activity while on campus, you are urged to notify the LSUHSC-NO Police Department as soon as possible by dialing (504) 568-8999.

Off-campus crimes may be reported to the New Orleans Police Department by dialing 911.

Dispatchers are available at these respective telephone numbers 24 hours a day to answer your call. In response to a call, University Police will take the required action, dispatching an officer or asking the victim to report to the University Police office to file an incident report.

uTip

uTip is a text messaging service designed to be used for true emergencies and to report crimes, suspicious activities or people.

Text 50911 and begin your message with LSUHSC followed by a space as seen below.

• NOTE: University Police will NOT be notified if your text does not begin with LSUHSC followed by a space.

You will receive a text to notify you that the text has been received by uTip. More information about uTip can be found here.

LSU Shield App

• iOS and Android compatible
• Available to all students, staff, faculty and visitors
• Summon emergency services by telephone with a single button
• Submit non-emergency reports including a picture and a video
• Two-way chat with LSUHSC Police
• Can submit anonymously
• Instantly notify pre-identified contacts of your safety and location
• Safety Beacon feature allows your pre-identified contacts to monitor your safety plus much more

Users must complete and save a profile which stores on the device. Profile information is not communicated to LSUHSC Police until the user initiates a request for service. The profile will allow for up to three Emergency Contacts to be selected from the device address book. You must allow location services when downloading the App. Location accuracy and proper call routing are greatly improved when the user is connected to Wi-Fi. More information on the LSU Shield App can be found here.

Non Emergency Reporting

To contact University Police with non-emergency information, please call 568-8270, or send an online message.

Confidentiality Policy

The University Police Department (UPD) encourages anyone who is the victim or witness to any crime to promptly report the incident to the police. Because police reports are public records under state law, the UPD cannot hold reports of crime in confidence. Confidential reports can be made to the Campus Assistance Program at (504) 568-8888 or via email at cap@lsuhsc.edu.

Responsible Employees

Responsible Employees include any employee who:

• Has the authority to take action to address harassment or other types of misconduct
• Has the duty to report harassment or other types of misconduct to appropriate officials
• Is someone a student could reasonably believe has this authority or responsibility

When a responsible employee receives a report of violence the employee must:

• Act immediately upon receipt of of the report
• Collect the basic facts (the who, what, when, where)
• Report all relevant facts to the LSUHSC-NO Title IX Coordinator, Dr. Joseph Moerschbaecher,within 24 hours of receiving the complaint or information.
• If the event is criminal or you think it may be criminal, contact the LSUHSC Police Department

Confidential Advisors

A person trained in accordance with law and designated by the campus who the student or employee can choose to have support and advise them in accordance with law during the complaint process. The only employees who can guarantee a student’s confidentiality regarding sexual assaults or misconduct are the confidential advisors. The Campus Assistance Program (CAP) counselor’s have been designated as the confidential advisors for LSUHSC-NO.

Preserving Evidence after a Sexual Assault

In the immediate aftermath of a sexual assault, the most important thing is for the victim to get to a safe place. Whether it be the victim’s home, a friend’s home or with a family member, immediate safety is what matters most. When a feeling of safety has been achieved, it is vital for the victim to receive medical attention, and strongly recommended for the victim to receive a forensic examination.

Preserving DNA evidence can be key to identifying the perpetrator in a sexual assault case, especially those in which the offender is a stranger. DNA evidence is an integral part of a law enforcement investigation that can build a strong case to show that a sexual assault occurred and to show that the defendant is the source of biological material left on the victim’s body.

Victims should make every effort to save anything that might contain the perpetrator’s DNA, therefore a victim should not:

• Bathe or shower
• Use the restroom
• Change clothes
• Comb hair
• Clean up the crime scene
• Move anything the offender may have touched

Even if the victim has not yet decided to report the crime, receiving a forensic medical exam and keeping the evidence safe from damage will improve the chances that the police can access and test the stored evidence at a later date.

What Does a Forensic Medical Exam Entail?

Although you can go to the healthcare facility of your choice for medical treatment, in the New Orleans area, a forensic medical exam for evidence collection can only be performed at a the University Medical Center New Orleans (UMCNO), by a sexual assault nurse examiner (SANE), sexual assault forensic examiner (SAFE) or another medical professional.

This exam is complex and on average, takes 3-4 hours. While this may seem lengthy, medical and forensic exams are comprehensive because the victim deserves and needs special attention to ensure that they are medically safe and protected. In addition, it is important to collect evidence so that if the victim chooses to report the crime to the police, they can access the stored evidence.

1. To start, the medical professional will write down the victim’s detailed history. This sets a clear picture of existing health status, including medications being taken and preexisting conditions unrelated to the assault.
2. Next there is a head-to-toe, detailed examination and assessment of the entire body (including an internal examination). This may include collection of blood, urine, hair and other body secretion samples, photo documentation of injuries (such as bruises, cuts and scraped skin), collection of clothing (especially undergarments).
3. Finally, the medical professional will speak about treatment for sexually transmitted infections (STIs) that may have been exposed during the assault. Depending on the hospital and state, the victim may receive prophylaxis as well as referrals for follow-up counseling, community resources and medical care.

NOTE: The victim has the right to accept or decline any or all parts of the exam. However, it is important to remember that critical evidence may be missed if not collected or analyzed.

After the forensic medical exam is performed and the evidence is collected and stored in the kit (sometimes referred to as a “rape kit”), the victim will be able to take a shower, brush their teeth, etc. — all while knowing that the evidence has been preserved to aid in a criminal prosecution if so desired.

Victims' Rights

Victims of sexual assault have the right to the following:

• Reasonable changes to the academic and living situations
• Referrals to counseling, assistance in notifying law enforcement
• Same opportunity as accused to have advisors present at disciplinary hearing
• Unconditional notification of outcomes of hearing, sanctions and terms of sanctions in place
• Opportunities and assistance to speak (or choose not to speak) to anyone regarding the outcome
• Name and identifying information kept confidential
• More specific information can be found here.

Disciplinary Hearings

• Such hearings shall:
• provide a prompt, fair, and impartial investigation and resolution; and
• be conducted by officials who receive 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 promotes accountability;
• The accuser and the accused are entitled to the same opportunities to have advisors present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and
• Both the accuser and the accused shall be simultaneously informed, in writing, of—
• The outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking;
• The institution’s procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding;
• Of any change to the results that occurs prior to the time that such results become final; and when such results become final.

Where to go for Additional Help

LSUHSC-NO Resources

• LSUHSC-NO Resources for Employees
• LSUHSC-NO Resources for Students

Community Resources

Additional resources can be found on the Campus Health web page.

Accommodations

Accommodations can be made for victims of violence and for students and employees who report.

• Accommodations must be requested and reasonably available.
• Employees can request accommodations through their supervisor or Human Resources Management.
• Students can request accommodations through the Student Affairs office of their school.
• The individual is not required to report to local police.
• Accommodations can include but are not limited to:
• Academic arrangements –
• Changing class sections
• Changing rotations
• Living arrangements –
• Changing residence rooms or halls
• Being released from residence agreements
• Working arrangements
• Changing work location
• Transferring to another department

Protective Orders

INTRODUCTION TO FILING

• A person seeking protection may ask the court for protection by filing a petition for a restraining order.
• The person in need of protection is the petitioner, the person against whom the petition is filed (the abusive person) is the defendant.
• Costs
• There are no filing fees and court costs for this process.
• Representation
• It is not necessary to have an attorney to file the petition or to represent the petitioner at court. Petitioners may get forms and assistance from the parish Clerk of Court's office, or from victim advocates at the local battered women's program or district attorney's victim assistance program.

DETERMINE ELIGIBILITY AND VENUE

• Eligibility for the two most commonly used statutes differs. Read each carefully to decide which one to use.
• Domestic Abuse Assistance Act
• La. R.S. 46:2131, et seq.
• Can be filed by or on behalf of a person who has experienced domestic abuse.
• The relationship between the abuser and the person asking for protection must be one of the following:
• family member (spouses, former spouses, parent/child, stepparent/stepchild, grandparent/grandchild)
• household member (persons of opposite sex presently or formerly living together as spouses)
• parent, adult household member, or district attorney on behalf of minor child(ren) or an adult who is incompetent to act in his/her own behalf
• former or current dating partners
• This statute may provide more opportunities for protection than the "generic" restraining order (for example, in addition to prohibiting any contact by the abuser, this order may also include ordering temporary child custody, financial support, and use of property to the victim in order to ensure safety).
  • Injunction Against Abuse ("Generic" Restraining Order)
  • La. Code of Civil Procedure Article 3601, et seq.
  • Can be filed by anyone seeking protection
  • Relationship between parties is not defined in this statute, therefore people who are not eligible for protection under the Domestic Abuse Assistance Act may use this avenue to get court ordered protection instead.
  • The person filing for protection must post a bond.
• Venue
• There are several possibilities of venue under each of the statutes mentioned above.
• Under the Domestic Abuse Assistance Act, you can apply to the court in the parish where the abuse happened, in the parish where the petitioner and defendant lived together, in the parish where the defendant is living now, or in the parish where the petitioner is living now. If those parishes are not the same, you must select one in which to file the petition. Once the order has been granted, it will be good throughout the state.
• To file a "generic" restraining order you may apply in the city or parish where the defendant lives, or in the city or parish where the abuse you are trying to prevent MAY occur. Once the order has been granted, it will be good throughout the state.

FILL OUT FORMS

• Fill out the necessary forms.
• There is a section of the petition where you will swear to the truthfulness of the information you have provided.
• This section requires your signature to be notarized, so you must sign it in front of a notary public. The Clerk of Court's office can usually provide the services of a Notary.

PETITIONS

• If you want to file a petition under the Domestic Abuse Assistance Act (La. R.S. 46:2131, et seq.), you will use Petition LPOR B.
• If you want to file a petition under the Children's Code (La. Ch. C. Art. 1564, et seq.), you will use Petition LPOR C.
• BUT! If you are filing a petition against your spouse under this statute, and your spouse has already filed for a legal action which has not yet been finalized (such as a divorce or a protective order against you, or other legal actions), you will use Petition LPOR BR, or Petition LPOR CR instead of LPOR B or LPOR C. This circumstance is called filing in reconvention.
• NOTE: If you filed the legal action, such as a divorce, you can use Petition LPOR B or LPOR C - only use Petition LPOR BR or LPOR CR if the person you are filing against was the one who filed the legal action.
• If you want to file a petition for a "Generic" Restraining Order (La. Code of Civil Proc. Article 3601, et seq.) you will use Petition LPOR O.

FILE PETITION

• The petition and accompanying forms are filed in the Clerk of Court's office. The Clerk will present the forms to the judge for review. If the judge agrees that immediate court protection is necessary, s/he will grant a Temporary Restraining Order (TRO) with a date to come back to court for a hearing. The TRO will contain some or all of the requests made in the petition, and will be in effect until the date of the court hearing, up to 20 days if filed under the Domestic Abuse Assistance Act (LPOR B, BR, C, or CR) or 10 days if filed under La. Code of Civil Proc. 3601, et seq. (LPOR O).
• The clerk should provide the petitioner with a copy of the petition, a certified copy of the TRO, and the date and time of the court hearing. The clerk will also give a copy of the petition and TRO to the sheriff's office to serve to the defendant. The defendant will be notified to be present at court on the date of the hearing.
• NOTE: The petitioner should keep a copy of the TRO at all times. The petitioner may also want to make copies of the TRO to be kept in the car, at work, with a friend or other safe place, at children's daycare or school, or other places it may be needed.
• The petitioner should call law enforcement if the defendant violates the terms of the order.

How and Where to File a Protective Order?

The Louisiana Protective Order Registry website to begin the filing process.

University Policies & Publications

LSUHSC-NO Policies

• Chancellor's Memorandum #49 - Sexual Harassment/Gender Discrimination Policy
• Chancellor's Memorandum #53 - HIPAA Privacy Polices. Section E. Whistleblower/Non-Retaliation policy
• Chancellor's Memorandum #56 - Student Responsibilities and Rights
• Chancellor's Memorandum #44 - Campus Security Policy
• Permanent Memorandum #73- Title IX and Sexual Misconduct Policy
• The University's Code of Conduct

LSUHSC-NO Publications

• Annual Security and Fire Safety Report
• LSU Health Sciences Center New Orleans- Faculty Handbook
• Academic Catalog/Bulletin
• The LSU School of Medicine New Orleans- House Officer Manual
  

Getting Help

From the LSUHSC-NO website, click on the police icon located at the bottom of the homepage under "Events and Campus Resources" to find more information, phone numbers, and other important information regarding University Police.

Or, LSUHSC-NO's Title IX Coordinator:

• Joseph Moerschbaecher, PhD
• Vice Chancellor for Academic Affairs
• Phone:(504) 568‐4804