Faculty/Staff Guidance

Mandated Reporters

According to Title IX, a “mandated reporter” is an employee:

• Who has the authority to take action to redress sexual harassment/violence, or
• Who has been given the duty of reporting incidents of sexual harassment/violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee, or
• That a student/employee could reasonably believe has either the authority or the duty listed above.

It is considered official notice to the institution if a mandated reporter “knew, or in the exercise of reasonable care should have known” about the harassment. This includes incidents that are reported directly, are witnessed, or are reported by a third party (parent, visitor, other student), posted on fliers around campus, published in a local newspaper, etc. – all of these should be reported to the Title IX Coordinator(s).

For Title IX compliance, all National University employees, with the exception of the ombudsman, are considered “mandated reporter,” including all security guards, student services staff, human resources staff, academic advisors, faculty, instructors, teaching/lab assistants, graduate students that are supervising other students, student leaders of club/organizations, and individuals designated as Campus Security Authorities (CSAs).

The role of a mandated reporter is to report allegations of sexual harassment/violence that take place on or off campus to the Title IX Coordinator(s) to maximize the institution’s ability to investigate and potentially address and eliminate sexual harassment/violence. The mandated reporter should NOT attempt to investigate and/or determine if the harassment/violence actually did occur, or if a hostile environment is being created. Your role is only to fill out a report.

The information that should be reported includes all the relevant information that the individual has shared and that may be useful in the investigation. This includes names of the alleged perpetrator, the student/employee who experienced the alleged harassment/violence, any other party involved, and the date, time, and location of the alleged incident.

Mandated reporters should always explain their role to a student or employee and that they are not a confidential resource. It is best to try and explain this BEFORE someone reveals something that they want to keep confidential. However, if a person begins talking about a sensitive incident(s) without warning:

• Interrupt them carefully/gently but immediately
• Explain your role as a mandated reporter
• Share that if the conversation moves forward you will keep the information private, but you are not able to keep it confidential
• Explain your obligation to report the incident to the Title IX Coordinator(s).
• Assure them that you are there to support them, but if they wish for the information to remain confidential, then they should make an appointment with a confidential resource such as the Ombudsman, Clergy or a Mental Health Professional.

** In emergency situations, where a person’s health or safety is in immediate danger, call 911.

Consensual Relationships Policy

There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as faculty and student, supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation of applicable sections of this policy. The University does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the University. For the personal protection of members of this community, relationships in which power differentials are inherent (faculty-student, staff-student, administrator-student, supervisor-employee) are generally discouraged.

Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of their supervisor and will likely result in the necessity to remove the employee from the supervisory or evaluative responsibilities, or shift a party out of being supervised or evaluated by someone with whom they have established a consensual relationship. This includes teaching assistants and/or any students over whom faculty or staff have direct responsibility. While no relationships are prohibited by this policy, failure to timely self-report such relationships to a supervisor as required may result in disciplinary action for an employee. Violation(s) of this policy between employees is an HR/Employee Relations Matter and will not be addressed under the ERP unless the elements of Quid Pro Quo harassment are met. Violation of this policy will be addressed through Human Resources processes.

Model syllabus language

“Students needing accommodations related to pregnancy or post-pregnancy-related parenting should consult the University policy or contact the Title IX Coordinator(s). “