Summary Regarding “Duty to Report” Under Title IX The OCR (Office for Civil Rights in the Department of Education) issued guidance to schools in its “Questions and Answers on Title IX and Sexual Violence” document that was published April 29th, 2014 (http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf). OCR states that the Title IX Coordinator must be informed of all complaints raising Title IX issues, even if the complaint or report was initially filed with another individual or department, subject to the exemption for “confidential employees”. Only on-campus licensed professional counselors and health service providers and campus chaplains are considered “confidential employees,” and only when they are acting in the capacity of their confidential role; these employees only have to share statistical information about an incident or report, for federal reporting requirements. All other staff and faculty members are considered “responsible employees” under Title IX, and therefore have a duty to report actual or suspected notice of discrimination and/or harassment, and to share all details of the report(s) they have received. It is worth noting that there are many different terms that are used (often incorrectly), when referring to an individual’s obligation to report information. Individuals in a healthcare or primary/secondary education setting may be accustomed to the term “mandatory reporter.” This is a completely different concept from a “responsible employee” under Title IX. “Mandatory reporters” are individuals who have a legal obligation to report suspected child abuse and neglect to child protective services or law enforcement. “Responsible employees” are only obligated to report actual or suspected notice of discrimination and/or harassment to the institution’s Title IX Coordinator. How do I meet this reporting obligation? The policy states that all employees with actual or suspected notice of discrimination and/or harassment are to contact the Title IX Coordinator within 24 hours of becoming aware of a report or incident. Please use the following contact information to do so: Michelle Polowchak, Director of Human Resources & Title IX Coordinator 315-279-5283 [email protected] or [email protected] What if the person reporting something to me has asked me to keep it confidential? Before an individual makes a report or complaint to a College employee, the employee should disclose that they have an obligation to report certain information to the Title IX Coordinator, that the individual has the right to have the institution (Title IX Coordinator) consider his/her request to keep their information confidential, and that they have the option of reporting

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This document is intended to provide employees with a supplement to the information contained within the Civil Rights Equity Resolution Policy and Procedure, with regard to their duty to report violations of the policy. For policy and procedure guidance, employees should always refer to the policy, which supersedes this supplemental document. (MP,10.28.2014)

information confidentially to certain employees such as health & counseling services and/or the chaplain. If unsure whether a report or incident is a Title IX/Equity matter, maintain adherence to the 24hour rule, and share the situation with the Title IX Coordinator with names omitted. The Title IX Coordinator will determine whether the matter needs to be investigated and if the names and details need to be disclosed. How will members of the College community be informed of my role as a “responsible employee”? All new students and employees will be provided with training on eliminating discrimination, harassment, and campus sexual violence. This training will include information about responsible employees, and how to report incidents. In addition, suggested language has been provided to Academic Affairs to make available to faculty members via the Instruction Committee, to notify students of their role as a “responsible employee”. This verbiage may be included on course syllabi. How do I know if I have “notice” of actual or suspected discrimination or harassment? “Notice” can occur in several ways. Some examples of notice include: a student may have filed a complaint with or otherwise informed the school’s Title IX coordinator; a student, parent, friend, or other individual may have reported an incident to a teacher, principal, campus law enforcement, staff in the office of student affairs, or other responsible employee; or a teacher or dean may have witnessed the sexual violence. The school may also receive notice about sexual violence in an indirect manner, from sources such as a member of the local community, social networking sites, or the media. A school’s failure to take prompt and effective corrective action in such cases would violate Title IX even if the student did not use the school’s complaint procedures or otherwise inform the school of the sexual violence. What if I am a faculty member, but I also hold a license as a health or counseling professional? If you are acting in your capacity as a faculty member, you are a “responsible employee” and must report.

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This document is intended to provide employees with a supplement to the information contained within the Civil Rights Equity Resolution Policy and Procedure, with regard to their duty to report violations of the policy. For policy and procedure guidance, employees should always refer to the policy, which supersedes this supplemental document. (MP,10.28.2014)