What is a “Responsible Employee”? A Responsible Employee is a university employee who has the duty to report incidents of sexual misconduct to the Title IX Coordinator or an employee whom an individual could reasonably believe has this duty. All employees of the university, unless deemed confidential, are considered responsible employees and are required to report actual or suspected sexual misconduct to the Title IX coordinator.
If an employee is unsure whether they are a responsible employee, they are required to contact the Title IX coordinator.
A report to the Title IX coordinator may not automatically initiate a formal investigation. Rather, the purpose of this reporting obligation is to ensure that students and employees are aware of their rights and options to address what they may have experienced, including the ability to obtain advocacy and support services and file a formal complaint.
Before a person reveals information that they may wish to keep confidential, a responsible employee should make every effort to ensure that the person understands their reporting obligation as a mandatory reporter and where to go if they want their information to be kept confidential.
What to Report
When reporting an incident to the Title IX coordinator, a responsible employee must report all of the information that is shared with them, such as the name of the victim-survivor, accused individual, location, and information related to the incident. If this information is not provided by the individual, please do not ask. Only report the information that is shared with you, however little that may be.
Frequent Questions
The Title IX Office will typically attempt to contact a Complainant three times, and if the Complainant does not respond, the Title IX Office will respect the Complainant’s right not to respond to contact.
The Title IX Office typically does not follow up with the responsible employee who has made the initial report to respect the privacy of the parties and due to FERPA protections. If a responsible employee completes the Advocate Online Reporter Form, they will receive a confirmation email for their records confirming that the report has been made. Once you have made a report, there is nothing further you need to do.
If you have made a report to the Title IX Office and have concerns about follow-up, please feel free to call the Title IX Office directly at 304-696-3075.
– assistance with academic supports, such as sending absence notifications for Title IX related absences
– assistance with scholarship appeals, individual course withdrawals, or total term withdrawals
– connection to medical care on or off campus
– connection to counseling resources on or off campus
– assistance with housing relocation or change
– connection to off-campus supports, such as Branches or CONTACT
– assistance with filing a formal complaint through the University or reporting to law enforcement
– assistance with safety planning
– assistance with a No Contact Order
1. INTERRUPT before details of the incident are revealed.
2. LISTEN without judgment.
3. SUPPORT the person by responding to their disclosure appropriately.
Examples of response:
a. “I’m sorry you’re going through a difficult time.”
b. “What would be helpful to you right now?”
c. “This is not your fault. You have options.”
d. “You are not alone, and there are resources available to you.”
4. AFFIRM the student’s decision to share information with you.
5. INFORM the student of your role and obligations to report.
– Make sure to take care of yourself, and get support if you need it.
3. REFER
a. If you are REQUIRED TO REPORT, encourage them to seek counseling, medical assistance, or to file a police report AFTER explaining your role and obligations.
b. If you are NOT REQUIRED TO REPORT, encourage them to file a report with the school or police, and to seek counseling or medical assistance.
4. REPORT
a. If you are REQUIRED TO REPORT, notify the Title IX Office with details of the alleged incident.
b. If you are NOT REQUIRED TO REPORT, review options for reporting and discuss the difference between confidential and non-confidential disclosures.
“Thank you for coming to me with this, but I need to stop you for a moment. It sounds like you might have experienced something I may be required to report. I care about you and want you to get the resources you need, but there are certain things that some employees, like myself, have to report, which would include giving your name and some of the details you share with me.
I want you to make an informed choice about what you disclose to me today. If you’re going to tell me something I might have to report, you may instead want to talk to someone who can help protect your confidentiality. I am more than happy to connect you with a confidential resource if you’re not ready to report this officially.
If you’d like to go ahead and share information with me, you could be contacted by the school to determine if an investigation needs to occur. I am happy to report this for you, or I can also assist you with reporting this to the institution or to the police.”
- Do NOT promise confidentiality.
As a responsible employee, you cannot keep confidentiality and you must report incidents of suspected sexual misconduct to the Title IX Office.
- Do NOT promise an outcome.
Do NOT promise counseling or guidance beyond your training or expertise. Instead, refer the person to a trained resource (Title IX Office, Violence and Prevention Office, Counseling Center, Ombudsperson, and Employee Assistance Program.)
- Do NOT discourage the person from further reporting.
If you have doubts about the incident, keep them to yourself. Do NOT minimize (or magnify) the incident or the impact on the person.
- Do NOT blame the person for the incident.
Be aware that blame may be stated or implied through comments, body language, or questions.
- Do NOT question the person about the incident.
It is not the responsible employee’s role to investigate the incident, and asking too many questions can make a person feel uncomfortable or even attacked. Questions should be limited to 1) the person’s name, the accused perpetrator’s name, date, time, and location of the incident, and 2) assessing for any immediate health and safety needs.
- Do NOT say that you know what the Complainant is going through.
- Do NOT Panic.
Take a deep breath and focus on the Complainant.
Campus Security Authority Reporting
In addition to being responsible employee, certain Marshall employees are also considered Campus Security Authorities (“CSAs”). This is a designation under a different federal law known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”). CSAs are required to report crimes that are classified as Clery-crimes and hate crimes.
At Marshall, CSAs include but are not limited to campus police, campus security, and individuals with significant responsibility for student and campus (including Student Housing)
Clery crimes include dating violence, dating violence, murder, negligent manslaughter, robbery, aggravated assault, burglary, motor vehicle theft, sex offenses (including sexual assault/rape, fondling, incest, statutory rape) motor vehicle theft, arson, stalking, liquor, drug, and weapons law violations.
Hate crimes are crimes committed because of the individual’s race, religion, gender, gender identity, sexual orientation, ethnicity, national origin and/or disability. When reporting a hate crime, the individual should note whether there is evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.
If you are a CSA and need to report a crime that is in progress or just occurred, call 911. If a crime is being reported after the fact, call the MUPD or make a police report in person.
How can I help an individual who tells me they’ve experienced a Title IX incident?
Individuals who have experienced Title IX incidents often respond in a variety of ways, including anger, sadness, confusion, or withdrawal.
Listen: Give the Complainant your complete attention. Try not to interrupt or discuss your personal history.
Support: Complainants are often met with skepticism or disbelief. Offering nonjudgmental support and acknowledging the feelings of the Complainant can help create a safe space for them to process the next steps.
Refer: You do not have to have all of the answers, and it is not your responsibility to fix the problem or determine what occurred. An important part of being helpful to a Complainant is providing them with information about options and resources. Please refer Complainants to the confidential resources and other options above.
IF YOU HAVE AN EMERGENCY: Contact MUPD at 304-696-4357 or 9-1-1.
Phone: 304-696-4357 (For emergencies & non-emergencies)
Website
Phone: 304-675-1104
Phone: 304-523-3447
24-hour crisis hotline: 304-399-1111
Website
24-hour crisis hotline: 304-529-2382
Email: info@branchesdvs.org
Website
Website
Phone: 304-696-2772
Contact – Dr. Penny Koontz
Website
(this resource may have costs associated with it)
Phone: 304-696-3751
Contact – Dr. Peggy Harmon
Website
(this resource may have costs associated with it)
Phone: 304-696-5701
Email: vprprogram@marshall.edu
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