Mandatory Reporters for Title IX and other Discrimination Complaints
All employees must report incidents of sexual misconduct and gender discrimination to the Title IX/Social Equity Coordinator or Deputy Coordinator immediately upon learning of the incident. Other incidents of civil rights discrimination (such as adverse employment action based on a protected category) should be reported in a timely manner to the Title IX/Social Equity Coordinator.
What are my duties as an employee?
Based on the circumstance and your relationship with the University you may have different reporting duties that may fall into one or more of the following categories:
Responsible employees are those who have the authority to address and remedy sexual misconduct and gender-based discrimination or those who a student or another employee would reasonably believe to have such authority or obligation. All supervisors are responsible employees but not all responsible employees are supervisors. Responsible employees must report known details of the incident as well as the names of the alleged victim and respondent.
Examples of responsible employees are Directors, Department Heads, Deans, Vice Presidents, Managers, Supervisors, Police Officers, Residence Life Coordinators, Area Coordinators, Resident Directors, Coaches, Advisors, Office of Legal Affairs, Human Resources, and Office of Student Conduct.
Confidential employees are those individuals who have a confidentiality privilege to protect the personal identification of an alleged victim. These confidential employees (i.e. health care professional, licensed counselors, etc.) can fulfill their reporting requirements by making general reports for statistical purposes and pattern tracking but do not divulge personally identifiable information without client consent.
Employees who do not have a confidentiality privilege should not promise confidentiality to the alleged victim. An employee can tell the victim that he/she will only tell the individuals that must know and will do his/her best to protect the victim’s identify but cannot promise confidentiality. If the victim wants confidentiality, then he/she must be referred to a confidential employee (i.e. health care provider or licensed counselor).
Reporting employees can satisfy their duty to report by making the Coordinator or Deputy Coordinator aware of incidents of sex/gender misconduct and discrimination but may withhold personally identifiable information (at least initially). This fulfills reporting requirements for the Clery Act and Title IX but doesn’t require the reporting employee to divulge the name or information of the alleged victim. A reporting employee can always pass along all known information if the victim wishes for this to occur. If the Coordinator or Deputy Coordinator deems that there is a significant threat to the campus community, the reporting employee may be required to divulge additional information regarding the alleged victim or the incident.
Examples of a responsible employee report:
Example #1: A Residence Life Coordinator in a residence hall receives information that a female resident was sexually assaulted. The Residence Life Coordinator should advise the victim that if she wants confidential reporting she needs to report the information to a confidential reporter (i.e. health services, counselor, etc.). Otherwise, the Residence Life Coordinator must report the incident as well as both the victim and respondents name.
Example #2: A student worker reports to his supervisor (a Facilities Lead) that he received sexually harassing comments from another staff member. The Facilities Lead must report the incident as well as both the victim and respondents name.
Example #3: A student reports to a department head that an instructor has made sexually harassing comments. The department head must report the incident as well as both the victim and respondents name.
Example #4: An employee reports to the Ethics hotline that a third party contract employee made sexually suggestive gestures while assisting him. At this point, it becomes a valid report and must be investigated.
Example of a confidential employee report:
Example #1: A student makes a report of sexual misconduct or discrimination/harassment to a health care provider or counselor. The confidential reporter should fulfill his/her reporting requirement by making a report for statistical purposes and pattern tracking but does not divulge personally identifiable information.
Examples of a reporting employee report:
Example #1: A University bus driver receives information from a student that she was a victim of a sexual assault. The bus driver should encourage the student to reach out to a Title IX coordinator and make a formal complaint. However, the bus driver should report the incident to the Coordinator or Deputy Coordinator without divulging identifying information. If the student has given the bus driver her consent to report her name, the bus driver should do so.
Example #2: A female employee confides in another non-management employee that her boss has been making sexually harassing comments towards her and is making her feel uncomfortable. The employee who hears about the complaint should encourage the victim to report. However, if the victim does not want to be identified the employee hearing of the complaint should report the incident to the Coordinator or Deputy Coordinator and should withhold identifying information.
Example #3: A student comments to an administrative assistant that his instructor has made inappropriate sexual comments in the classroom. The administrative assistant should report the incident without divulging identifying information. If the student has given the administrative assistant his consent to report his name, the administrative assistant should do so.
Example #4: A student tells a Resident Assistance in a Residence Hall that she was a victim of sexual misconduct. The Resident Assistance should report the incident to the Coordinator or Deputy Coordinator. If the student has given the RA her consent to report her name, the RA should do so.
Where can I learn more?
If you have additional questions or concerns, please consult the grievance protocol, the Title IX/Social Equity Coordinator or Deputy Coordinator, or Human Resources.