University Policy: 05-005 Responsible Employees and Reporting Incidents of Sexual Misconduct or Discrimination
Policy Category:
Human Resources
Responsible Office:
Equal Opportunity and Access
Responsible Executive:
Title IX Coordinator
Download the Policy:
Effective Date:
09/18/2018
1. Policy Statement

1.1. Most Oregon State University (“university”) employees have an obligation to report incidents of sexual misconduct or discrimination. This policy describes the duties and the actions required of “responsible employees” in reporting such incidents, as well as the confidentiality the university will provide to those reporting such incidents.

2. Reason for Policy

2.1. Oregon State University is committed to creating and maintaining a community where all individuals who participate in university programs and activities can work and learn together in an atmosphere free of harassment, exploitation, or intimidation. Every member of the campus community should be aware that the university prohibits sexual violence, sexual harassment, and retaliation.  This policy also serves to enhance the university’s compliance with the Clery Act.

3. Scope & Audience

3.1. This policy is applicable to all university employees. This policy is not generally applicable to undergraduate student employees, except those who have been notified they have a responsibility to report sexual misconduct.

4. Definitions

4.1. Employee: All persons employed by the university, including, but not limited to, unclassified-faculty (both academic and professional), unclassified academic wage appointments, classified staff, temporary employees, and graduate student employees in their employee capacity. Undergraduate student employees are not generally considered employees for purposes of this policy unless they have been specifically notified that they are responsible employees.

4.2. Confidential offices: Offices designated as “confidential” will not report any information to the Office of Equal Opportunity and Access or the Title IX Coordinator without the permission of the reporting party. These offices are not offices of notice to the university.

4.3. Responsible employee: University employees who have the duty to report incidents of sexual misconduct or discrimination.  Most OSU employees are responsible employees unless otherwise specified in this policy.

4.4. Reporting party: A person alleging a violation of University Policy 05-001 Sexual Misconduct and Discrimination or who is the individual allegedly negatively impacted by sexual misconduct or discrimination.  

4.5. Sexual misconduct or discrimination: Discrimination based on sex, gender, gender identity, or sexual orientation, sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, non-consensual sexual activity, sexual exploitation, intimate partner violence, and stalking.

5. Responsibilities & Procedures     

5.1. Role of Responsible Employees in Reporting Incidents of Sexual Misconduct or Discrimination

5.1.1. Responsible employees must immediately report any allegation of sexual misconduct or discrimination to the Office of Equal Opportunity and Access (“EOA”) when they become aware of or have reason to believe that a violation of University Policy 05-001 Sexual Misconduct and Discrimination has occurred. 

5.1.2. A responsible employee is required to immediately report any form of sexual misconduct or discrimination as defined above that:

a. Is being or has been experienced or perpetrated by a

i. University student during their time as a student,

ii. University employee, and the incident is reasonably related to their employment,

iii. University volunteer, and the incident is reasonably related to their volunteer status; or,

b. Has occurred on university property; or,

c. Occurred during a university activity or event.

5.1.3. A responsible employee must immediately report all relevant details about the alleged sexual misconduct or discrimination shared by the individual, including:

a. The names of the victim(s), alleged perpetrator(s), and any witnesses if known;

b. The date, time, and specific location of the alleged incident; and,

c. Any other relevant information.

5.1.4. Responsible employees should not attempt to investigate the alleged incident. Instead, responsible employees are to simply refer all information to EOA.

5.2. Privacy and Confidentiality of Reporting Parties

5.2.1. Responsible employees are to respect the privacy of the reporting party but should inform the reporting party that the responsible employee has an obligation to report the alleged sexual misconduct or discrimination.

5.2.2. Before a reporting party reveals any information to a responsible employee, the responsible employee should make efforts to inform the reporting party of the responsible employee’s reporting obligations.

a. If the reporting party wishes to maintain confidentiality, the responsible employee should direct the reporting party to a confidential office or employee.

b. If the reporting party wishes to report the incident to a responsible employee but also maintain confidentiality, the responsible employee should tell the reporting party that the university will consider the request but also make clear that the university may have a limited ability to provide confidentiality. In reporting the details of the incident, the responsible employee should inform EOA of the reporting party’s request for confidentiality.

c. In all cases, the responsible employee must inform the reporting party that they have the option to report the misconduct to EOA and/or to law enforcement directly. 

5.3. Confidential Offices and Exemptions from Reporting

5.3.1. Exemptions from this reporting requirement exist only for certain employees who serve in a professional role in which the communication is privileged as recognized by the university, and when the information is discovered while acting in that professional role.

5.3.2. If an employee is unsure if they are performing a confidential professional role, they should contact EOA for guidance.

5.3.3. Confidential offices are Counseling & Psychological Services, Student Health Services, Survivor Advocacy and Resource Center, and the University Ombuds Office.

6. Forms & Tools 

6.1. Equal Opportunity and Access Report Sexual Misconduct: https://cm.maxient.com/reportingform.php?OregonStateUniv&layout_id=2

7. Frequently Asked Questions

7.1. See FAQs here: https://eoa.oregonstate.edu/responsible-employee-policy

8. Related Information

8.1. University Policy 05-001 Sexual Misconduct and Discrimination: http://policy.oregonstate.edu/UPSM/05-001_sexual_misconduct_discrimination

8.2. Office of Equal Opportunity and Access, Resources and Information for Employees: http://eoa.oregonstate.edu/resources-and-information-employees

8.3. Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act: 20 U.S.C. § 1092(f).

9. History

9.1. Last review date: September, 2018

9.2. Next scheduled review date: September, 2021

10. Website

10.1. University Policy 05-005 Responsible Employees and Reporting Incidents of Sexual Misconduct or Discrimination: http://policy.oregonstate.edu/UPSM/05-005_responsible_employees

11. Contacts

Equal  Opportunity and Access

541-737-3556

http://eoa.oregonstate.edu/

Report Sexual Misconduct and Discrimination to:

Kim Kirkland

Title IX Coordinator and Executive Director

Equal Opportunity and Access

330 Snell Hall

Corvallis, OR 97331

Email reports to: equal.opportunity@oregonstate.edu

 

ADDITIONAL RESOURCES

Corvallis Campus and Area Law Enforcement

Oregon State Police or OSU Department of Public Safety

Contact: 541-737-7000

Website: http://fa.oregonstate.edu/publicsafety/

Location: Cascades Hall, 2nd Floor Oregon State Police

Corvallis Police Department

Contact: 911 or 541-766-6924

Website: http://www.corvallisoregon.gov/index.aspx?page=58

Location: 180 NW 5th St, Corvallis

Bend Campus and Area Law Enforcement

OSU-Cascades Department of Public Safety

Contact: 541-737-7000

Website: http://fa.oregonstate.edu/publicsafety

Location: Cascades Hall, 2nd Floor Oregon State Police

Bend Police Department

Contact: 911 or 541-693-6911

Website: http://www.bendoregon.gov/government/departments/police

 Location: 555 NE 15th St., Bend

Marine Science Center and Newport Area Law Enforcement

Newport Police Department

Contact: 911 or 541-265-4231

Website: http://newportoregon.gov/dept/npd/

Location: 169 SW Coast Hwy, Newport