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.
All Regis University employees, including faculty and staff, regardless of title or full-time or pat-time status, are responsible employees.
The following student employees are also responsible employees:
1. Student Housing and Residential Engagement Resident Assistants and Lead Resident Assistants ("RAs")
2. Student Housing and Residential Engagement Desk Assistants ("DAs")
3. Athletics Graduate Assistants
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. Assistant Director of Victim Advocacy & Violence Prevention (complainants in sexual misconduct cases)
5. Mental Performance Coach (for university varsity athletes only)
6. Health Services Providers and staff
*University Ministry staff whom are not clergy, minister, priest, or rabbi do not have a legal privilege recognized by the State of Colorado.
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 to the University, 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. A confidential resource accused of discrimination or sexual misconduct will be treated as a respondent under this policy. Interim measures, including a designation as a confidential resource, will be assessed in such circumstances.
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
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/or 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. Some 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 EO & Title IX Coordinator 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 may also implement interim measures and conduct an investigation if possible and when appropriate.