Responsible Employees and Reporting Incidents of Sexual Misconduct or Discrimination

University Policy: 05-005 Responsible Employees and Reporting Incidents of Sexual Misconduct or Discrimination
Adopted:
Last Revised:
Responsible Executive: Title IX Coordinator
Responsible Office: Equal Opportunity and Access
Download the Policy: (PDF)
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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.

1.2. The term “responsible employee” used in this document is a university designation in alignment with state law and university values. For information on employees who are designated as Officials with Authority, as defined by Title IX of the Education Amendments of 1972, or Campus Security Authorities, as defined by the Clery Act, please contact the Office of Equal Opportunity and Access.

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. Complainant: A person alleging a violation of University Policy 05-001 Sexual Misconduct and Discrimination or who is the individual alleged to have been negatively impacted by sexual misconduct or discrimination.

4.2. Employee: All persons employed by the university, including, but not limited to, academic faculty, professional faculty, classified staff, law enforcement professionals, temporary employees, student employees, and graduate assistants.

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. Undergraduate student employees are not generally considered responsible employees under this policy unless they have been specifically notified that they are responsible employees. Graduate student employees are considered responsible employees while functioning in their employee capacity.

4.4. Employee exempt from reporting: Certain OSU employees are exempt from the responsible employee reporting requirements and will not report any information to the Office of Equal Opportunity and Access or the Title IX Coordinator without the permission of the complainant. These employees are not employees of notice for the university.

4.5. Sexual misconduct or discrimination: Discrimination based on sex, gender, gender identity or expression, 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 Complainants

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

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

a. If the complainant wishes to maintain confidentiality, the responsible employee should direct the complainant to an exempt employee.

b. If the complainant wishes to report the incident to a responsible employee but also maintain confidentiality, the responsible employee should tell the complainant 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 complainant’s request for confidentiality.

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

5.3. Employees Exempt 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. Employees exempt from the responsible employee reporting requirement include mental health professionals with Counseling & Psychological Services, health care professionals at Student Health Services, advocates with The Center for Advocacy, Prevention & Education, crisis responders with OSU Assist, and employees of the University Ombuds Office. Employees whose job duties include providing operational, administrative, or other support functions to employees with the primary responsibility to deliver confidential services are also exempt from reporting to the extent they learn of allegations of sexual misconduct and discrimination because of their assistance in the delivery of confidential services.

5.3.3. If an employee is unsure if they are performing in an exempt professional role, they should contact EOA for guidance.

6. Forms & Tools

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

7. Frequently Asked Questions

7.1. See FAQs here: https://eoa.oregonstate.edu/employee-reporting-responsibilities

8. Related Information

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

8.2. Office of Equal Opportunity and Access, Sexual Misconduct Resources: eoa.oregonstate.edu/sexual-misconduct-resources-and-information

9. History

9.1. Adopted: University Policy 05-005 Responsible Employees and Reporting Incidents of Sexual Misconduct and Discrimination was adopted on September 18, 2018.

9.2. Revised: University Policy 05-005 Responsible Employees and Reporting Incidents of Sexual Misconduct and Discrimination received housekeeping amendments in August 2020, April 2023 and May 2023.

9.3. Next scheduled review date: May 2026.

10. Website

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

11. Contact

Equal Opportunity and Access
541-737-3556
eoa.oregonstate.edu
Report Sexual Misconduct and Discrimination:

Online reporting form (under EOA Quick Links): eoa.oregonstate.edu
Via email: [email protected]
By calling: 541-737-3556
In Person: Monday – Friday, 8:30 AM – 4:30 PM
330 Snell Hall
Corvallis, OR 97331

More information at: eoa.oregonstate.edu/sexual-misconduct

The Executive Director of the Office of Equal Opportunity and Access is OSU’s Title IX Coordinator