Faculty/Staff are Mandated to Report Sexual Assault, Dating Violence and/or Stalking
Most University Employees have a duty to report Sex Discrimination, Sexual Harassment, Sexual Misconduct, Dating and Domestic Violence and Stalking incidents when they are on notice of them.
As noted in Executive Order 1095, most University employees must report all known details about any Sex Discrimination, Sexual Harassment, Sexual Misconduct, Dating and Domestic Violence and Stalking incidents of which they become aware. The University will need to determine what happened-and will need to know the names of the person(s) involved, any witnesses, and any other relevant facts, including the date, time and specific location of the incident. If the student/staff member is concerned about maintaining confidentiality, please provide confidential resources for the victim/survivor to utilize.
Staff and faculty who are made aware of a sexual assault, dating/domestic violence or stalking incident are REQUIRED to report the incident via the Title IX website.
Faculty/Staff Limits of Confidentiality
There are a few requirements of faculty and staff regarding reporting crimes to law enforcement or other authorities. Title IX of the Educational Amendments of 1972 bans sex discrimination, including sexual harassment and sexual violence, for any school receiving federal funds. This means that faculty and staff may be required to provide notification of a disclosure of sexual harassment or sexual assault to the Title IX Coordinator on campus. For more information about mandated reporting please visit the Title IX page.
It is important to let a victim/survivor know the limits of confidentiality when they begin to disclose an incident but this must be done in a sensitive, caring manner.
An example of what you might say is:
“Thank you for coming to talk with me. Before you tell me anything more, I need to let you know that I am not a confidential resource. This means I am required to inform the Title IX Coordinator and possibly the Fresno State PD that a student/employee has disclosed an incident to me. I will not tell anyone that I am not required to and you are not required to speak with anyone else, unless you want to.”
“Thank you for trusting me enough to share this information. I’m sorry to interrupt you but I want you to be aware of my legal obligations to report an incident of sexual violence if disclosed. I am a mandated reporter, not a confidential resource, and I’d like for you to have all options available before you choose to disclose any incident to me. I’m happy to connect you with confidential resources and options if you would like. If the disclosure continues, I must report all details to the Title IX Coordinator but will keep your information private and only share this information with those that need to know. You do not have to speak with anyone if you do not want to.”