Preservation of Evidence

Regardless of whether an incident of gender-based misconduct is reported to law enforcement or to the College, Sarah Lawrence College strongly encourages individuals who have experienced gender-based misconduct to preserve evidence to the greatest extent possible, as this will best preserve all legal options for the future. Additionally, such evidence may be helpful in pursuing a resolution process with the College. While the College does not conduct forensic tests for parties involved in a resolution process, results of such tests that have been conducted by law enforcement agencies and/or medical assistance providers may be submitted as evidence that may be considered in the process, provided those results are available at the time of the investigation and proceeding.

Below are suggestions for preserving evidence related to an incident of gender-based misconduct. It is important to keep in mind that each suggestion may not apply in every incident.

General physical-evidence preservation suggestions:

In order to best preserve their legal options in the future, individuals should consider not altering, disposing of, or destroying any physical evidence of gender-based misconduct.

If there is suspicion that a drink may have been drugged, an individual should inform a medical assistance provider and/or law enforcement as soon as possible so that they can attempt to collect possible evidence (e.g., from the drink, through urine, or by blood sample).

Individuals can preserve evidence of electronic communications by saving them and/or by taking screenshots of text messages, instant messages, social-networking pages, or other electronic communications and by keeping pictures, logs, or copies of documents that relate to the incident and/or perpetrator.

Even if complainants choose not to make a report with the College, they may consider speaking with law enforcement to preserve evidence. Please note that Campus Safety, as College employees, would have to report the concern to the Title IX Office.

Physical evidence preservation suggestions specific to sexual assault:

Because some evidence, particularly evidence that may be located on the body, dissipates quickly (within 48–96 hours), individuals who have been sexually assaulted and wish to preserve evidence should immediately go to a hospital or medical facility to seek a medical examination and/or evidence collection. Individuals should consider seeking a Sexual Assault Forensic Exam (“SAFE Exam”) at a local hospital. SAFE Exams include assessment and treatment of injury, addressing concerns of pregnancy and sexually transmitted diseases, and collection of evidence. In New York, individuals may undergo a SAFE Exam without making a report to law enforcement. Even if individuals do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted infections.

An individual who has been sexually assaulted and wishes to preserve evidence should, if possible, not shower, bathe, douche, smoke, brush teeth, eat, drink, use the bathroom, or change clothes or bedding before going to the hospital or seeking medical attention.

An individual who has been sexually assaulted and decides to change clothes or bedding and wishes to preserve evidence should not wash the clothes worn or bedding used during the assault and should bring them to a hospital, medical facility, or the police in a nonplastic (e.g., paper) bag.