Employee Responsibilities for Title IX

Mandatory Reporters: Why? 

There are several laws that establish responsibilities for employees of educational institutions to report certain types of crimes and incidents, especially in relation to sexual misconduct. These laws include, but are not limited to, Clery Act, Title VII and Title IX. Additionally, Utah Code 62A-4a-403 requires that all persons must report abuse of a minor (any person under 18), including sexual abuse or neglect. Each of these areas of law has a different purpose, but generally, the laws are intended to protect members of the campus community, visitors, and guests from criminal and discriminatory behavior.

 

Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities which receive federal financial assistance. Title IX focuses on the adverse consequences faced by victims of gender discrimination, sexual harassment, sexual violence, and other forms of sexual misconduct which creates an obligation for the College to investigate and to provide a “prompt and effective remedy.” Title IX obligates the College to provide a safe environment that does not interfere with the victim’s right to pursue an education or employment opportunities, benefits, or privileges.

 

The responsibilities established by these laws give rise to the term “mandatory reporter.”

 

What/Who is a Mandatory Reporter? 

A mandatory reporter is any employee of the College, including student employees. When a mandatory reporter becomes aware of gender discrimination or an act of sexual misconduct (including sexual harassment), or any behavior which could be characterized as sexual misconduct, whether perpetrated by or against a faculty, staff, student, or visitor of the College, the employee is required to report the incident to College officials.

 

Are There Any Exemptions to Who is Considered a Mandatory Reporter? 

Yes, there are a small number of Confidential Employees who have the privilege of maintaining confidentiality. These include licensed mental health professionals, health service providers, and clergy who provide mental-health counseling to members of the school community (and include those who act in that role under the supervision of a licensed counselor). Such counselors are not required to report any information about an incident to the Title IX Coordinator unless a victim asks them to report or, in the case of a licensed professional or health care provider, a minor is involved. These confidential employees must be employed by the College for one of the above specific purposes and must be acting in that capacity when the confidential disclosure is made. For example, a laymen clergy serving their community outside their College duties would not be considered a mandatory reporter. However, if that same individual was an instructor at the College, and the report was made under the employee’s conditions of employment, the mandatory reporter requirement applies.

 

What Should Mandatory Reporters Do In Response To An Incident? 

1. Assess the safety of the situation and potential need for emergency response. In emergency situations where a person’s health or safety is in immediate danger, please call 911.

2. Unless you are in the professional capacity of counselor, clergy, or lawyer (or associated staff), you are required to report all information you obtain about an incident. You cannot guarantee confidentiality to someone. Mandatory reporters are required to report any gender discrimination or sexual misconduct to the Title IX Coordinator. Confidential counseling/support options are also available through the Counseling and Wellness Center. Please be aware that if an individual notifies you of an event and then decides to go through the Counseling Center, you must still report the incident to the Title IX Coordinator. The College may be able to keep information confidential but that is a decision that must be made by the Title IX Coordinator in consultation with legal counsel and not by College faculty or staff.

3. If an individual approaches you to talk about an incident without warning and no imminent danger is apparent:

• Interrupt immediately (but politely) and inform the individual that the conversation cannot be considered confidential.
• Assure him/her that you want to be supportive, but if he or she does not want the incident to be reported then they should make an appointment at the Counselling and Wellness Center or with another confidential provider.
• Obtain only essential information. Don’t interrogate him or her.
• Remember, this individual may need to report this information several times. Be sensitive to their emotional state.
• Remember to advise the individual to call 911 or seek help from law enforcement if you sense that he or she is in danger or, if needed, advise them to seek medical and/or mental health assistance.

4. Be an empathetic listener.

• Use active listening skills.
• Listen without judgement.
• Be open in your posture.
• Let the individual lead the conversation.

5. Contact the Title IX Coordinator or a Title IX Deputy. Be prepared to provide the Title IX Coordinator/Deputy with as much information as possible pertaining to your conversation with the individual.

 

When Do I Need To Report? 

If a mandatory reporter learns about sex/gender discrimination or sexual misconduct, that employee is expected to contact the campus Title IX Coordinator or a Title IX Deputy as soon as possible. The list of Title IX Coordinator/Deputies is available at https://www.snow.edu/general/TitleIX/about.html. The Title IX Coordinator will take responsibility for notification to other appropriate College officials.

 

What Kinds of Sexual Misconduct Do I Need To Report? 

Report any incident that might fall within Snow’s definition of sexual misconduct found in the Student Code of Conduct to the Title IX Office. Sexual misconduct includes a range of behaviors including sexual assault, sexual harassment, intimate partner or dating violence, stalking, and any other conduct of a sexual nature that is nonconsensual, or has the purpose or effect of threatening, intimidating, or coercing a person. If you are unsure as to whether or not an incident should be reported, please contact the Title IX Office at 435-283-7120.

In addition, under the Clery Act College employees are mandatory reporters for a broad array of other serious crimes. Contact the Snow College Public Safety Office if you are notified or witness any of the following crimes:

• Murder & Non-Negligent Manslaughter
• Negligent Manslaughter
• Robbery
• Aggravated Assault
• Burglary
• Motor Vehicle Theft
• Arson
• Arrests for Liquor, Drug or Weapons Law Violations
• Disciplinary Referrals for Liquor, Drug of Weapons Law Violations
• Hate Crimes motivated by the victim’s gender, gender identity, sexual orientation, race, religion, disability, ethnicity, or national origin.

 

What Is A Timely Warning? 

In some cases, Snow College Public Safety may be required to release a timely warning to the Community about a threat to the Community. In such cases, an initial investigation or determination of the nature of the threat may be conducted, after which a warning will be issued. Impacted Persons and/or Reporting Parties will not be identified in any warning that is released.

 

What If the Information I Receive is Second-hand, Rumor, or Vague Information? Should I Still Report? 

Yes. Even partial information may be helpful as we work to ensure that people have access to helpful resources and that our campus Community is safe.

  

What Must I Include In The Report? 

College employees should provide full details on the incident, if known, including all names and personally identifying information to the Title IX Coordinator or a Title IX Deputy. Even if someone does not want to participate in an investigation of the incident, mandatory Reporters are still required to report the incident. If a victim wishes for no action to be taken, the Title IX Coordinator will evaluate that request.

 

What if the Incident Took Place Off-Campus or Occurred When School Was Not in Session? 

Even incidents occurring off campus or when school is not in session need to be reported and fall under the jurisdiction of the Title IX office if the person(s) involved are part of the College community. The College has the right to address the resulting or continuing effects of off-campus harassment, misconduct, or discrimination that interferes with a student’s educational rights or an employee’s employment rights.

 

What Happens Once the Report Has Been Filed? 

The Title IX Coordinator or a Title IX Deputy will assess the information you have provided and take appropriate action in accordance with Snow College policy and federal and state law. Typically, the Impacted Person is interviewed and offered resources such as accommodations, support, and options for taking action, following which an investigation occurs. Both the victim (Impacted Person) and the Accused (Respondent) are given due process.

Even if someone does not want to participate in an investigation of the incident, mandatory reporters are still required to report the incident.

 

Will the Title IX Coordinator Update Me On What Happens? 

No. You may be involved in some of the next steps, such as helping to arrange an accommodation or speaking with a fact finder, but you will not be kept up to date on the investigative process. It is understandable that you may wish to know more, but it is critical to protect the privacy of the parties involved and the confidentiality of Snow College’s sexual misconduct response system as much as possible.

 

What Are My Additional Responsibilities If There Are Minors Involved? 

Under Utah Law, you must report any suspected abuse of a minor (a person under 18) as soon as possible to law enforcement or the Division of Child and Family Services. See Utah Code 62A-4a-403. The Title IX Coordinator or a Title IX Deputy can assist you with this.

Page content compiled using information from the Association of Title IX Administrators (ATIXA), the University of Missouri, Yale University, and Safe Colleges. Thanks to these entities for their efforts in raising awareness of sexual misconduct prevention.