University personnel on campus have different reporting responsibilities and different abilities to maintain confidentiality, depending on their roles. Following are some guidelines:
include any employee who has the authority to take action to redress the discrimination or sexual misconduct alleged. Responsible employees are required under this policy to report discrimination and sexual misconduct to the appropriate University official. At Regis University, the following are responsible employees:
- Faculty members
- Affiliate Faculty members
- Campus Safety staff
- Residence Life Coordinators ("RLC's")
- Resident Assistants (“RA’s”)
- Athletic Coaches and staff (including graduate assistants)
- Academic Advisors
- Career Services staff
- Admissions staff
- Student Activities staff
- Assistant Vice Presidents, Associate Vice Presidents and Vice Presidents
- Assistant Deans, Associate Deans and Deans
- Assistant Directors, Associate Directors and Directors
- Human Resources staff
- Health Services Providers and staff
- Title IX Coordinator and Deputy Title IX Coordinators
All responsible employees must report incidents to the Title IX Coordinator when they learn directly or indirectly about discrimination and/or sexual misconduct. Responsible employees are required to report the alleged conduct and cannot withhold personally identifiable information (such as the name of the victim, the name of the accused, or other identifying details about witnesses, location, etc.) If a victim requests confidentiality or does not wish for an investigation to take place, the reporting party should make such a request to the Title IX Coordinator. If a member of the University community speaks to a responsible employee about discrimination or sexual misconduct, the responsible employee should inform the victim of the responsible employee’s duty to report. While an employee or University official can’t guarantee total confidentiality, a responsible employee should let the victim know that the University will make all efforts to respect the victim’s privacy.
If a report of discrimination or sexual misconduct is made to a responsible employee, notice to them is official notice to the University. Formal reporting means that information will only be shared with people who need to know and only as necessary with investigators, witnesses, the accused individual and University officials with a responsibility to respond. The University encourages anyone who believes that they have been the victim of discrimination or sexual misconduct to report their concerns to an appropriate University employee.
Privileged or Confidential Resources
. Unless there is a statutory duty to do so, employees who are not required to report incidents of sexual misconduct include:
- Campus mental health counselors and staff
- Jesuits (when acting in their role as a priest)
- University Ministry staff (excluding peer ministers)
- Violence Prevention Program Coordinator (confidential for victims only)
The above employees have a legal privilege – or the University has deemed them a confidential resource – to withhold identifiable information to the extent consistent with the law, only where they are acting in the scope of their license or certification for these functions and/or working in their professional capacity. Although individuals with a privilege acting in the scope of their license or certification are not required to report instances of sexual misconduct, they are encouraged to provide victims information about campus resources for counseling, medical treatment and support. They may assist victims with filing a complaint under this policy if the victim so chooses. As Campus Security Authorities under the Clery Act, these employees will submit timely anonymous statistical information for the Annual Security Report. This anonymous statistical information includes the nature, date, time, and general location of the incident and not personally identifiable information.
Individuals who do not wish to have the University respond to their claims of sex and gender-based misconduct should limit their disclosures to employees in the above-listed privileged or confidential category, who are not required to report. In addition, there are a number of University services that provide confidential counseling. Campus counselors are available to help certain students free of charge, and can be seen on an emergency basis. Benefit eligible employees may utilize the Employee Assistance Program (EAP).
Other Employees and Community Members
Employees and other community members not identified above as a responsible employee or a privileged or confidential resources are encouraged, but not required, to report instances of sex and gender-based misconduct. However, employees are required to report any form of discrimination that is not sexual misconduct (for example, a report of race discrimination) to their supervisor or Human Resources.
Victims are encouraged to report all incidents of sexual misconduct to law enforcement. Victims must be aware that an investigation conducted by the University is distinct and separate from any investigation conducted by law enforcement. An investigation conducted by the University flows from the University’s obligation under Title IX and related laws to ensure that it is providing a safe environment for all community members. Therefore, if a victim wishes to pursue criminal charges they need to file a complaint with local law enforcement. A student or employee may seek assistance with filing a police report from the Title IX Coordinator, a Deputy Title IX Coordinator, the Violence Prevention Program Coordinator or Campus Safety.
Due to the Family Education Rights and Family Act (FERPA), the University will generally not notify parents or legal guardians of a student’s report of sexual misconduct unless the student: 1) provides the University with written permission; or 2) sharing the information is necessary to protect the health or safety of the student or another individual. All University employees are mandatory child abuse and neglect reporters and may be required to report to the police if a victim is under the age of 18, or under the age of 15 for sex-based crimes.
Members of the Regis University community who experience discrimination or sexual misconduct while performing University-related duties in a clinical or other external setting are encouraged to report any incidents to the appropriate Regis University official and to an appropriate official at the external site. In such cases, Regis will contact the external institution and cooperate with an investigation conducted by the external organization. Regis University may also conduct an investigation if possible and when appropriate.