Mandatory Reporting Policy

Purpose

This document outlines the University’s policy regarding mandated reporting of suspected discrimination, including harassment, based on membership in a protected class. This policy is in place to make the University community aware of one’smandatory duty to report possible discrimination and the process for doing so.

Scope

This policy applies to the entire Marian University community including faculty, staff, students, volunteers and contractorson all campuses.

Definitions

For purposes of this policy, the following definitions apply:

“Discriminatory Harassment” is harassment based upon an individual’s actual or perceived membership in a protected class. Harassing conduct may take various forms, including, name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be physically threatening, harmful, or humiliating.

“Protected class” means age, race, color, creed, religion, ancestry, national or ethnic origin, sex/gender, sexual orientation, disability, genetic information, military status, veteran status, familial status or any other protected category under applicable local, state or federal law, ordinance or regulation.

“Sexual Harassment” is unwelcomeconduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature. Thus, sexual harassment prohibited by Title IX can include conduct such as touching ofa sexual nature; making sexual comments, jokes, or gestures; writing graffiti or displaying or distributing sexually explicit drawings, pictures, or written materials; calling someonesexually charged names; spreading sexual rumors; rating someoneon sexual activity or performance; or circulating, showing, or creating e-mails or Web sites of a sexual nature.

“Sexual Violence” is a form of sexual harassment. Sexual violence for purposes of this policy refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the person’s use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexualbattery, and sexual coercion.

Policy 

A. Applicable Laws

There are three federal laws that establish responsibilities for employees of universities to report certain types of crimes and incidents, especially sexual misconduct—the Clery Act, Title VII, and Title IX. Each of these areas of federal law has a different purpose, but generally, the laws are intended to protect members of the University community, visitors and guests from criminal and discriminatory behavior. The responsibilities established by these laws give rise to the term “mandatory reporter.”

B. Reporting Obligation          

To make it easier to know what you need to do, the University has adopted a policy that defines ALL EMPLOYEES as mandatory reporters EXCEPT doctors, nurse practitioners, psychologists, counselors, or ordained members of the clergy acting in that capacityin their role at the university. As a mandatory reporter, if you become aware of possible discrimination, including harassment, you MUST inform the University by contacting the Title IX Coordinator or the deputy coordinator listed below. Reporting is required regardless of whether the discrimination involves students, faculty, staff, or visitors to the University.

C. How to Report

You may report in person, by email, by phone, or by using theHarassment and Discrimination Incident Report Form found on the Title IX page.

When you report, youmaybe able toinitiallywithhold personally identifiable information (the name of the victim, the name of the accused individual, and other identifying details about witnesses, location, etc.), in cases where the alleged victim is hesitant to have a formal report made. Subsequently, campus officials may need additional information from you. Your job is to cooperate fully with campus officials, providing any information/details requested.

In speaking with a victim or witness, you SHOULD NOT promise confidentiality. Faculty and staff members do not have a special privilege or ability to maintain the confidentiality of reports shared with them. If someone begins to discuss an incident of discrimination, you might want to say something like the following:

I appreciate your willingness to share this information with me. Please know that I am here to help in any way that I can. If you would like to file a formal complaint with the University, I will help you connect with [the appropriate Designated Reporting Office], so that it can begin investigating this matter. It is important that you understand that I cannot promise to keep what you share confidential. If you are still comfortable speaking with me, I am here to listen. If not, please let me help you connect with one of the university’s confidential resources: Counseling and Consultation Services, Health Services, University Chaplain. Above all, know that the University takes this matter seriously and wants to help.