How to Report Discrimination or Sexual Misconduct
The University’s primary concern is the safety of its community members. If you or someone you know has been the recipient of behavior or action that falls under this policy, you are encouraged to first attend to your own safety and health.
If a University responsible employee is aware of possible discrimination or sexual misconduct, without regard to where it occurs, he or she must report it to the EO & Title IX Coordinator.
All members of the University community are encouraged to report incidents of discrimination, including sex or gender-based misconduct.
University Reporting Options for Complainants
Discrimination: Students who experience discrimination based on race, religion, gender (excluding sexual misconduct) or other categories protected by law have the right to report or not to report it to the University. If a student chooses to make a report to the University, that individual can do so by: 1) anonymously using the Incident Reporting Form under Reporting Options on the EO & Title IX webpage; 2) contacting a confidential resource identified in this policy; or 3) contacting the EO & Title IX Coordinator.
Employees who experience workplace discrimination based on race, religion, gender (excluding sexual misconduct) or other categories protected by law are required to report it by either 1) informing their supervisor; 2) contacting Human Resources; or 3) contacting the EO & Title IX Coordinator.
Sexual Misconduct: Members of the University community who experience sexual misconduct have the right to report or not to report it to the University. If a recipient of sexual misconduct chooses to make a report to the University, that individual can do so by: 1) anonymously using the Incident Reporting Form under Reporting Options on the EO & Title IX webpage; 2) contacting a confidential resource identified in this policy; or 3) contacting the EO & Title IX Coordinator. While a complainant can choose to not report sexual misconduct, please be aware that the university cannot take action to address the situation if they are not made aware of the circumstances.
Law Enforcement Reporting Options for Complainants
Complainants and witnesses have the option to report or decline to report all incidents of sexual misconduct and hate crimes to law enforcement. An investigation conducted by the University is distinct from any investigation conducted by law enforcement. An investigation conducted by the University flows from the University’s obligation under Title VI, VII, IX and related laws to ensure that it is providing a safe environment for all community members. Therefore, if an individual wishes to pursue options in the criminal justice system, a report should be made to law enforcement in the location where the crime occurred. A student or employee may be assisted with making a police report by the EO & Title IX Coordinator, a Deputy Title IX Coordinator, the Violence Prevention Program Coordinator or Campus Safety. See Appendix E for law enforcement resources.
Amnesty for Complainants and Witnesses
Regis University encourages the reporting of discrimination and sexual misconduct by complainants and witnesses. Sometimes, complainants or witnesses are hesitant to report to university officials or participate in resolution processes because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that reporting parties choose to report to university officials, and that witnesses come forward to share what they know. To encourage good faith reporting, Regis University pursues a policy of offering reporting parties and witnesses amnesty from minor policy violations related to the incident.
Employee Reporting Obligations
Employee Reporting Obligations
University personnel on campus who become aware of discrimination or sexual misconduct have different reporting responsibilities and different abilities to maintain confidentiality, depending on their roles. The following are some guidelines.
Responsible employees (as identified below) include any employee who has the authority to take action to redress the discrimination or sexual misconduct alleged. All responsible employees must report incidents of discrimination or sexual misconduct to the EO & Title IX Coordinator as soon as possible when they learn directly or indirectly about the alleged incident. Responsible employees are required to report the alleged conduct and cannot withhold personally identifiable information (such as the name of the complainant, the name of the respondent, or other identifying details about witnesses, location, etc.) If the complainant requests confidentiality or does not wish for an investigation to take place, the complainant or the reporting party should make such a request to the EO & 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 individual of the responsible employee’s duty to report. While an employee or University official can’t guarantee confidentiality, a responsible employee should let anyone reporting to them know that the University seeks to respect that individual’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 and triggers the University’s obligation to inquire or investigate the report. Therefore the reported information may be shared with people who need to know, such as investigators, witnesses, the respondent and University officials with a responsibility to respond or aid in the University’s response.
At Regis University, the following are responsible employees:
2. Faculty members
3. Affiliate Faculty members
4. Campus Safety staff
5. Residence Life Director, Assistant Directors and Coordinators
6. Resident Assistants and Senior Residence Life staff (“RAs”) and Desk Assistants (“DAs”)
7. Athletic Coaches and staff (including graduate assistants)
8. Academic Advisors
9. Center for Career and Professional Development staff
10. Admissions staff
11. Enrollment Services staff
12. Student Activities and Student Life staff
13. Assistant Vice Presidents, Associate Vice Presidents, Vice Presidents and Provost
14. Assistant Deans, Associate Deans and Deans
15. Assistant Directors, Associate Directors and Directors
16. Human Resources staff
17. EO & Title IX Coordinator and Deputy Title IX Coordinators
18. Title IX Advisors
Privileged or Confidential Resources
Unless there is a statutory duty to do so, such as instances of child abuse and neglect or threats of homicide or suicide, employees who are not required to report incidents of sexual misconduct to the university include:
1. Campus mental health counselors and staff (when providing counseling services)
2. Jesuits and those studying to become a Jesuit (when acting in the capacity as a Jesuit)
3. University Ministry staff (excluding peer ministers)
4. Violence Prevention Program Coordinator (complainants in sexual misconduct cases)
5. Mental Performance Coach (for university varsity athletes only)
6. Health Services Providers and staff
Individuals who do not wish to have the University respond to their claims of sex or gender-based discrimination, including sexual misconduct, should limit their disclosures to employees in the above-listed privileged or confidential category, who are not required to report to the EO & Title IX Coordinator.
The University has deemed the above employees a confidential resource – whom may 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 these individuals are not required to report instances of sexual misconduct, they are encouraged to provide complainants with information about campus resources for counseling, medical treatment and support. The above employees may assist Regis community members with filing a complaint under this policy if the individual so chooses.
As Campus Security Authorities under the Clery Act, the above confidential resources submit timely anonymous statistical information to the Department of Campus Safety 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.
Other Employees and Community Members
Employees and other community members not identified above as a responsible employee or a privileged or confidential resource, are encouraged but not required, to report instances of discrimination and sexual misconduct involving students. However, all employees are required to report any form of discrimination or sexual misconduct involving a Regis University employee, to their supervisor, Human Resources or the EO & Title IX Coordinator within 120 days of the incident. This reporting obligation extends to any employee that identifies as a complainant experiencing any form of discrimination that is not sexual misconduct (for example, a report of race or other forms of gender discrimination).
Other Reporting Guidelines
In compliance with the Family Education Rights and Privacy 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.
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 generally contacts the external institution to cooperate in conducting an investigation. Regis University may also conduct an investigation if possible and when appropriate.
Requests for Confidentiality
A complainant has the right to request confidentiality when reporting discrimination or sexual misconduct to the University. The complainant also has the right to request that the University not investigate an incident that has been reported. Confidential resources are available to provide options and assist individuals with making an informed decision about reporting.
If discrimination or sexual misconduct occurs, Regis University encourages those affected to take action. If the complainant of such conduct chooses not to report, or requests confidentiality and/or anonymity, that individual must be aware that this choice could limit the University’s ability to respond and the outcome.
In limited cases, if a recipient of discrimination and/or sexual misconduct chooses to report confidentially or asks that no further action is taken, an investigation may still be initiated if there is cause for concern for the complainant’s safety or the safety of others or if the alleged conduct is occurring in an employment setting. The EO & Title IX Coordinator and/or a representative from the EO & Title IX Office, often in consultation with a representative from the Office of the Vice President for Student Affairs and other University officials with a need to know, evaluates requests for confidentiality and determines whether the University will proceed with an investigation. Factors to be considered to decide whether to proceed with an investigation typically include, but are not limited to:
1) whether there is an increased risk of the respondent committing additional acts of sexual misconduct or other violence;
2) whether information received indicates a pattern of behavior, such as two or more reports of discrimination or sexual misconduct under similar circumstances;
3) whether a weapon, physical violence or a drug was allegedly used to commit, or intend to commit, sexual misconduct or other violence; and
4) an employee is the complainant.
Disclosures of discrimination, sexual misconduct, or bias incidents made during Social Justice Week events, a Take Back the Night rally, or similar events are not required to be reported. In addition, prior life disclosures made in the course of a student’s academic work that does not involve accusations against a Regis community member and that took place prior to the student’s enrollment at Regis, are not required to be reported.
Anonymous Reports of Discrimination and/or Sexual Misconduct
Anonymous reports of incidents involving students and employees may be made through the University’s online reporting form located on the EO & Title IX webpage under Reporting Options. Anonymous reports may also be made through the Office of Counseling and Personal Development at 303-458-3507 when incidents involve students, or to Human Resources via email, email@example.com, when incidents involve employees. Anonymous reports are not intended for the use of responsible employees to fulfill their obligation to report, unless the responsible employee is the complainant.