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, discrimination, discriminatory harassment, or retaliation to the Office of Equal Opportunity and Access (“EOA”). This policy describes the duties and the actions required of “responsible employees” in reporting such incidents.

1.2. The term “responsible employee” used in this document is a university designation in alignment with state and federal law and university values. For information on employees who are designated as Campus Security Authorities, as defined by the Clery Act, or Mandatory Reporters of abuse or neglect, as defined by state of Oregon law, please contact EOA.

1.3. To prevent sex discrimination and ensure a student’s equal access to their education, employment, and/or other OSU programs and activities, all employees must promptly provide students who are pregnant or experiencing pregnancy-related conditions with EOA’s contact information and inform them that EOA can provide them with support and modifications.

2. Reason for Policy

2.1. Oregon State University is committed to creating and maintaining an equitable and inclusive working and learning environment free of sexual misconduct, discrimination, discriminatory harassment, and retaliation. To ensure that the university is aware of and can appropriately respond to any such conduct, most employees must promptly report concerns to EOA. This policy is established in compliance with state and federal nondiscrimination/equal opportunity laws and implementing regulations, including Title IX of the Education Amendments of 1972. 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.

3.2. Student employees are only required to report sexual misconduct, discrimination, discriminatory harassment, or retaliation to EOA when they become aware of it while acting within their student employment role. All other non-exempt employees must report any sexual misconduct, discrimination, discriminatory harassment, or retaliation that may violate university policy to EOA, regardless of when or how they learned of the information.

4. Definitions

4.1. Complainant: A person alleging a violation of OSU’s sexual misconduct, discrimination, discriminatory harassment, or retaliation policies or who is the individual alleged to have been negatively impacted by such conduct.

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 all known details of actual or suspected sexual misconduct, discrimination, discriminatory harassment, or retaliation to EOA. Most OSU employees are responsible employees unless specified as exempt in this policy.

4.4. Employee exempt from internal reporting: Certain OSU employees are exempt from the responsible employee reporting requirements and will not report any information to EOA without the permission of the complainant. Employees exempt from internal reporting may still have requirements to report certain information to external entities (such as being a mandatory reporter of child abuse).

4.5. Sexual Misconduct and Discrimination: See University Policy 05-001 Sexual Misconduct and Sex Discrimination.

4.6. Discrimination and Discriminatory Harassment: See University Policy 04-100 Discrimination and Discriminatory Harassment.

4.7. Retaliation: See University Policy 04-110 Retaliation.

4.8. Pregnancy or related condition: Includes pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

5. Responsibilities & Procedures

5.1. Role of Responsible Employees in Reporting Incidents of Sexual Misconduct, Discrimination, Discriminatory Harassment, and Retaliation

5.1.1. Responsible employees must immediately report all known details of actual or suspected sexual misconduct, discrimination, discriminatory harassment, or retaliation to EOA when they become aware of or have reason to believe that a violation of university policy may have occurred.

5.1.2. A responsible employee is required to immediately report any form of sexual misconduct, discrimination, discriminatory harassment, or retaliation as defined by university policy 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,

iv. Any other university-affiliated individual (including, but not limited to, a visiting scholar/fellow, post-doc, honorary/emeritus faculty member, or contractor), and the incident is reasonably related to their university-affiliated status.

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 known details about the alleged incident 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.

5.1.5. Failure of a responsible employee to report actual or suspected sexual misconduct, discrimination, discriminatory harassment, or retaliation to EOA can be cause for disciplinary action up to and including termination.

5.1.6. Responsible employees are not required to self-report incidents that have happened to them personally, though they are encouraged to do so.

5.2. Privacy and Confidentiality of Complainants

5.2.1. Responsible employees are to respect the privacy of the complainant by not asking detailed or invasive questions or by sharing the complainant’s disclosure with others who do not have a business need to know.

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. 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 Internal Reporting

5.3.1. Exemptions from this internal reporting requirement exist only for certain employees who serve in a professional role in which the communication is privileged by law or recognized as exempt by the university for the purpose of this policy, and when the information is discovered while acting in that professional role. Employees exempt from internal reporting may have requirements to report certain information to external entities (such as being mandatory reporters of child abuse). Prior to disclosing information to any office, individuals can ask about that office’s confidentiality requirements and limitations.

5.3.2. Employees exempt from the responsible employee reporting requirement include:

a. Employees of the Center for Advocacy, Prevention & Education (CAPE), the Office of Advocacy, OSU Assist, and the University Ombuds Office;

b. Licensed mental health professionals and licensed health care professionals with OSU’s Counseling & Psychological Services, Student Health Services, Student Health and Wellness at OSU-Cascades, and Athletics.

c. Employees conducting Institutional Review Board-approved human-subjects research designed to gather information about sexual misconduct, discrimination, discriminatory harassment, or retaliation. These employees are only exempt with respect to information received while conducting their research study;

d. Employees whose job duties include providing operational, administrative, or other support functions to employees with the primary responsibility to deliver confidential or exempt services are also exempt from reporting to the extent they learn of the allegations because of their assistance in the delivery of confidential or exempt services.

5.3.3. Employees exempt from internal reporting are required to explain to any person who informs them of conduct that reasonably may constitute sexual misconduct, discrimination, discriminatory harassment, or retaliation:

a. That the employee is exempt from the requirement to report to EOA. However, that employee can still assist the person in reporting to EOA, anonymously or not, should that person wish to do so;

b. How the individual can contact EOA to make a complaint, including that they can file an anonymous complaint; and

c. That EOA may be able to offer and coordinate supportive measures, as well as initiate an informal resolution process or an investigation.

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

5.4. Employee Responsibility to Provide EOA Contact Information to a Student Who is Pregnant or Experiencing Pregnancy-Related Conditions

5.4.1. When a student, or a person who has a legal right to act on behalf of the student, informs any employee of the student’s pregnancy or pregnancy-related condition, the employee must promptly provide that person with EOA’s contact information and inform that person that EOA can provide support and modifications to prevent sex discrimination and ensure the student’s equal access to their education, employment, and/or other OSU programs and activities.

5.4.2. Employees should not report the student’s pregnancy or pregnancy-related condition to EOA unless the student asks the employee to do so.

5.4.3. No employees are exempt from the requirement to notify the student that EOA can be a resource and support to them if they are pregnant or experiencing pregnancy-related conditions.

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. Employee Reporting Responsibilities FAQs: eoa.oregonstate.edu/responsible-employee-policy

8. Related Information

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

8.2. University Policy: 04-100 Discrimination and Discriminatory Harassment: policy.oregonstate.edu/policy/discrimination-and-discriminatory-harassment

8.3. University Policy: 04-110 Retaliation: policy.oregonstate.edu/policy/retaliation

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

8.5. Office of Equal Opportunity and Access, Sexual Misconduct and Title IX: eoa.oregonstate.edu/sexual-misconduct

8.6. Office of Equal Opportunity and Access, Pregnancy, Lactation, and Pregnancy-Related Conditions Resources: eoa.oregonstate.edu/pregnancy

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. Revised: August 1, 2024.

9.4. Next scheduled review date: August 2025.

10. Website

10.1. policy.oregonstate.edu/UPSM/05-005_responsible_employees

11. Contact Information

Equal Opportunity and Access
541-737-3556
eoa.oregonstate.edu

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

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
2150 SW Jefferson Way, 330 Snell Hall
Corvallis, OR 97331