Mandatory Reporters

Under the revised federal Title IX Regulations, many people are no longer mandatory reporters. The current policy lists mandatory reporters as:

• Individuals employed by the University who hold a title of or equivalent to President, Chancellor, vice president, vice chancellor, vice provost, dean, department head and director, as well as employees in supervisory or management roles, and staff who have authority to institute corrective measures on behalf of the University.

Student employees such as Resident Assistants and Teaching Assistants are not mandatory reporters under this policy. Most faculty members are also excluded from this policy.

As a Title IX mandatory reporter, you must report any instance of discrimination or unfair treatment on the basis of sex or sexual harassment. Reportable offenses under Title IX are:

• Discrimination on the basis of sex
• Sexual Harassment
• Stalking
• Relationship Violence
• Sexual Violence
• Sexual Exploitation
• Unwelcome Sexual Conduct (of a verbal, written, or physical nature)

If you are a mandatory reporter and someone informs you of an offense that falls under Title IX, report it immediately by taking these steps:

1. Ensure your safety and the safety of the reporter/victim. In an emergency or situation of imminent danger, call 911 immediately.
2. Inform the impacted party you are required to report the incident, even if they choose not to press charges or file a report with law enforcement. Although every effort will be taken to ensure privacy, a mandatory reporter cannot guarantee complete confidentiality.
3. Listen to the impacted party. Collect information needed for reporting.
4. Inform the impacted party of his/her option to also self-report the incident to campus police and local police for investigation or to decline to report the incident to law enforcement. Filing a report with the police does not require the impacted party to press charges.
5. Refer the impacted party to relevant resources for additional support if needed.
6. Report the incident.
   

Upon receiving a report of a Title IX, general Harassment, or discrimination incident, OCR will send the reporter an acknowledgment. In most cases, this acknowledgment will be the only communication the reporter receives related to the incident. It is important to realize that reporting an incident does not, by itself, open an OCR Investigation. Reporters should not take any adverse action against an alleged perpetrator.

After OCR receives a report, OCR will contact the victim directly. OCR will not identify the Mandatory Reporter to the victim. The primary goal of this outreach is to provide the victim with options, resources, and support.

In most cases, OCR is able to honor the wishes of the victim in deciding whether to move forward with an investigation; however, a third-party report can sometimes prompt a University-initiated investigation. This outcome is most likely when a report alleges specific details about a sexual assault, stalking, or relationship violence and identifies both the victim and the alleged perpetrator. In these cases, the Vice President for Ethics and Compliance will make the decision to move forward, and the victim will not be required to participate in the investigation.

If in doubt as to whether an incident needs to be reported, report it. There is no such thing as over-reporting!

Do not promise confidentiality.

Do not attempt resolution on your own.

In some cases, you may be required to report an incident multiple times if it falls under Title IX, Child Abuse/Neglect, and/or the Clery Act. Reporting under the Clery Act is required for statistical purposes, while Title IX and Child Abuse laws allow action to be taken to protect the victim and prevent future offenses.

All mandatory reporters are required to report instances of suspected child abuse in accordance with Indiana law. Please contact the Indiana Department of Child Services Abuse and Neglect Hotline at 800-800-5556. More information can be found here.