- What does the term “sexual misconduct” include?
- What is the difference between Title IX and Clery?
- What obligations do I have as a Responsible Employee under Title IX?
- What if I am both a Responsible Employee for Title IX and a CSA for Clery?
- What if I am considered a Confidential Employee under Title IX, but I do not meet the exemption criteria under Clery?
- How do I find the contact information for the Deputy Title IX Coordinator for my campus and the University Title IX Coordinator?
- How should I respond if someone shares information with me about an incident of sexual misconduct?
- What should I say to someone who tells me about an incident of sexual misconduct?
- Do I need to let the person know I will be reporting information to the Deputy Title IX Coordinator?
- What if the person reporting asks me to keep what they told me confidential?
- What should I tell the person will happen next?
- Are there any resources I should share with them?
- Should I investigate for more details?
- What do I do if the person seems suicidal or a danger to himself/herself or possibly to others?
- Who else do I need to tell other than the Deputy Title IX Coordinator for my campus?
IU’s Sexual Misconduct Policy governs all sexual misconduct, which includes sexual harassment, sexual assault, other forms of sexual violence, dating violence, domestic violence, sexual exploitation and stalking. For purposes of this policy, sex or gender based discrimination is considered sexual misconduct.
What is Title IX: Title IX of the Education Amendments of 1972 (“Title IX”) prohibits discrimination on the basis of sex under any educational program or activity receiving federal financial assistance, and accordingly IU must respond promptly and effectively to sexual harassment, including sexual violence, that creates a hostile environment. The Department of Education’s Office for Civil Rights (OCR), which puts forth guidance for institutions in meeting Title IX obligations, states that any “Responsible Employee” that knows or should know about possible sexual harassment or sexual violence must report it to the University Title IX Coordinator or other school designee (Deputy Title IX Coordinators), so that necessary and appropriate actions can be taken to respond appropriately. Responsible Employees include any employee who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate University designee; or whom a student could reasonably believe has this authority or duty. At IU, Responsible Employees include, but are not limited to:
- All instructors, including full-time professors, adjuncts, lecturers, Associate Instructors (AIs), Teaching Assistants (TAs), and any others who offer classroom instruction (whether in-person or online) or office hours to students;
- All advisors;
- All coaches and other athletic staff that interact directly with students;
- All student affairs administrators;
- All residential hall staff;
- Employees who work in offices that interface with students; and
- All supervisors and university officials.
Confidential Employees (those specifically identified on each campus as mental health counselors, those working in campus health care centers, and victim advocates) do not have an obligation to report information know to them, and students may speak to them with anonymity if desired. Confidential Employees may not share personally identifying information with university officials without an individual’s consent.
- A campus police department or a campus security department of an institution.
- Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department...such as an individual who is responsible for monitoring entrance into institutional property.
- Any individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.
- An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, campus judicial proceedings and all athletic directors, coaches, trainers.
5) What if I am considered a Confidential Employee under Title IX, but I do not meet the exemption criteria under Clery?
Some Confidential Employees under Title IX (see no. 2 above) are not exempt from reporting Clery information to IUPD. Specifically, any Confidential Employee who is not a licensed mental health counselor or pastoral counselor serving in those roles, must still provide non-identifying aggregate information regarding any Clery crime known to them directly to IUPD.
6) How do I find the contact information for the Deputy Title IX Coordinator for my campus and the University Title IX Coordinator?
Contact information for each of these individuals is identified under the “Employee Resources” tab, “Title IX Coordinators” page, on the Indiana University Stop Sexual Violence website, http://stopsexualviolence.iu.edu/employee/title-ix.html.
7) How should I respond if someone shares information with me about an incident of sexual misconduct?
When someone shares this information, they are sharing something very personal so it is important to respond in a supportive and helpful way. Here are some important tips:
- Be supportive in your words and actions
- Listen without judgment
- Avoid questions – especially those that may imply blame or second guess their behavior
- Avoid using words that question their actions or prescribe a certain a response like “Why did (or didn’t you)?” or “You should…” You ought to….”
- Ask how you can help
- Remind them that the incident is not their fault
Listen and focus on what that person may need in the moment. There is no need to investigate or ask for more specific information. To be supportive and reassuring, consider the following:
- “I am sorry this happened to you.”
- “How can I help?”
- “Do you have a safe place to be?”
- “Have you had a chance to see a doctor?”
- “I am glad you shared this with me.”
- “Thank you for telling me.”
- “What happened is not your fault.”
9) Do I need to let the person know I will be reporting information to the Deputy Title IX Coordinator?
If they express a desire for confidentiality or that they don’t want the University to investigate the matter, you must still report the information as required, and inform the individual that while specific University administrators need to receive the information from you, you will convey their concerns and the university will certainly consider their requests and desires. You cannot guarantee absolute confidentiality (see no. 8 above), but you can offer that you and the University will uphold the person’s privacy and confidentiality as much as possible, and only share with those who have a need to know in order to respond. You can explain that the Deputy Title IX Coordinator will weigh requests for confidentiality against the University’s obligation to provide a safe, non-discriminatory environment for all students. In reporting the details of the incident to the Deputy Title IX Coordinator for your campus, make sure you share the person’s concerns about confidentiality along with the information you learned about the incident.
If the person has not shared any details about an incident of sexual misconduct, but asks if they can tell you something in confidence, be sure to let the person know your obligation to report as explained in Question 7 and above. Suggest that they instead consider talking to one of the Confidential Employees on your campus (found under the “Employee Resources” tab on the Indiana University Stop Sexual Violence website, http://stopsexualviolence.iu.edu/index.html.
No. The investigation and response to reports of sexual misconduct require significant and specific training. Your job is not to investigate, determine if a crime has been committed or a University policy violated, or be a counselor. Those responsibilities are assigned to specific offices on campus and in the community:
- The police will investigate complaints of a crime
- Campus Title IX officers will investigate violations of university policy and help arrange accommodations and other measures of assistance
- Medical professionals will address the physical needs
- Advocates can assist with resources and reporting options
- Mental health professionals are available to support the process of recovery
If you believe someone is in immediate danger, call 911. Consider taking the person to the counseling office/resource on your campus or in your community. Available counseling resources on your campus and in your community can be found under the “Get Help” tab on the Indiana University Stop Sexual Violence website, http://stopsexualviolence.iu.edu/index.html.
No one. Once you have reported the incident to the Deputy Title IX Coordinator for your campus, you should not share the information with anyone else. In all cases it is your obligation to keep the information confidential, except for your reporting obligations required under Title IX and the Clery Act (as described above). If your supervisor, or someone else within your reporting line, has an expectation that you would share such a report with them, you can let them know that you’ve made a report (without sharing specifics) and give then the name of the Deputy Title IX Coordinator or University Title IX Coordinator, so they may follow up directly with any concerns or questions.
You are encouraged to explore this site for more information on Indiana University’s commitment to fighting sexual violence and available resources on campus and in the community.