For the first time since 2010, a formal sexual misconduct case has been opened at Baker University. A criminal investigation is underway as well.

Baldwin City Police Chief Greg Neis said a female filed a report with the department, and police are compiling information to send to the district attorney’s office. The investigation is almost finished.

Neis said that the department is equipped to handle these cases, although it is not often that one falls on his desk.

“It’s rare here to get these,” Neis said. “This isn’t a stranger accusation. They were acquainted with each other, so it’s basically a he said, she said. It’s a matter now of deciding what the situation is, but thankfully we don’t have to be the ones to come to that decision.”

Under Title IX, Baker must follow a separate university policy that outlines its procedures for resolving complaints about sexual harassment and sexual violence. A student also has the option of reporting the incident to law enforcement officials.

On campus, the current case involving two students was initially reported to Dean of Students Cassy Bailey, who said she immediately went through the university’s published policy.

Bailey said the university does not have the same standards as law enforcement in terms of criminal judgement, but the university does have the same responsibility. Although it has been four years since the last formally reported incident, she fears it happens more often on the campus than is reported.

“My feeling is that we’ve had misconducts on campus, but I would hope that anyone who chooses to come out would feel safe and secure,” Bailey said. “We want all students to know that when they come forward, we will handle the situation well.”

Bailey said that most importantly, the system must be fair, true and honest.

“I’m the dean, the investigator and the advocate,” Bailey said. “I’m the dean of both students; anything I do for one student, I do for the other.”

Baker’s Student Handbook clearly outlines the procedures to be taken when a student wants to formally report a sexual assault. The informal process options range from simply reviewing the sexual assault policy to allowing the victim to express his or her feelings.

The formal process starts with an investigation in which Bailey interviews students and gathers evidence – using security cameras, ID card access information and witnesses – which she then passes to the University Conduct Board. The current case has been heard by the UCB, but the Family Education Rights and Privacy Act (FERPA) requires that the university keep information confidential.

The U.S. Department of Education requires every university to have a Title IX coordinator. According to page five of the university’s Student Handbook, duties of the Title IX coordinator fall under the chief operating officer. Because current Chief Operating Officer Susan Lindahl will be leaving her position on Oct. 31, there was some confusion regarding who is and will be assuming the coordinator’s responsibilities.

An executive administrator initially directed The Baker Orange to the Dean of the College of Arts and Sciences Brian Posler. Posler said he did not hold those responsibilities, and, once Lindahl officially leaves the university, the position is to be filled through delegation of responsibilities by President Lynne Murray.

Both the status of the ongoing police investigation and university decisions are confidential, but Bailey said the university is trying to handle the situation in the most fair way possible while keeping university safety in mind.