VI. Reporting Options and Confidentiality
VI. REPORTING OPTIONS AND CONFIDENTIALITY
All University employees (faculty and staff) are expected to promptly report actual or suspected discrimination, harassment or sexual misconduct to the appropriate designated University officials set forth in this policy. Moreover, students and other campus community affiliates and visitors are encouraged to report such incidents. There is no stated timeframe (i.e., statute of limitations) for reporting, but prompt reporting will better enable the University to provide an appropriate response.
- Failure of responsible employee to report incident: Failure of a “responsible employee” (unless they fall under “Confidential Reporting”) as described in this section, to report an incident or incidents of discrimination, harassment or sexual misconduct of which they become aware, is a violation of University policy and can be subject to disciplinary action in accordance with the applicable Employee Handbook or Faculty Handbook for failure to comply with this policy.
- Privacy: In all cases, the University will handle reports in a sensitive manner and will endeavor to protect the privacy of individuals to the extent it can do so consistent with its obligations to respond to complaints. Information will be shared with others only to the extent necessary to respond to the situation and in accordance with state and federal law. As such, strict confidentiality may not be guaranteed. While discretion remains important, parties are not restricted from discussing and sharing information related to their complaints with others that may support or assist them in presenting their case, subject to limitations imposed by this policy, University policies governing freedom of speech and expression, and/or Academic Freedom to the extent necessary to safeguard the integrity of the investigation and grievance resolution processes set forth in this policy.
- Actual knowledge: The term “actual knowledge” as used in this policy means notice of sexual misconduct or allegations of sexual misconduct provided to the Title IX/EEO Coordinator (or designee), Deputy Title IX/EEO Coordinator, or a University employee. If the University receives actual knowledge of sexual misconduct in an education program or activity of the University against a person in the United States, the University will respond promptly in a manner that is not deliberately indifferent. (Note: “Deliberately indifferent” means that the University’s response to sexual misconduct is clearly unreasonable in light of the known circumstances.)
- Good Faith Reports: The University encourages the good faith reporting of misconduct under this policy. However, the University will not allow this policy or the grievance resolution procedures to be abused for improper means. The University will not tolerate intentional false reporting of incidents or to knowingly providing false information with reckless disregard for the truth during an investigation or grievance resolution process under this policy. Such conduct is a violation of this policy which will be addressed in accordance with the applicable student, employee, or faculty handbook and subject to disciplinary action, up to and including termination from employment or dismissal from school. Moreover, depending on the circumstances, such conduct may also violate state criminal statutes and civil defamation laws.
- Reporting Options: In order to make informed choices, those individuals who have experienced violations of this policy should be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality-meaning they are not required to report actual or suspected discrimination, harassment or sexual misconduct to appropriate University officials (i.e., Title IX/EEO Coordinators)-thereby offering options and advise without any obligation to inform an outside agency or individual unless the complainant (i.e., an individual who is alleged to be the victim/survivor of conduct that could constitute discrimination, harassment or sexual misconduct as defined in this policy) has requested the information to be shared. Supportive measures, services and resources exist for a complainant to report policy violations and crimes and these supportive measures will take action when an incident is reported to the University. The University is required to initiate a preliminary review (described below under Section X of this policy) and offer supportive measures for a complainant once it receives a report regarding an incident that may have violated this policy.
Note: Parents and guardians who have a legal right to act on behalf of a complainant (i.e., the complainant is a minor) may do so, including by filing formal complaints.
The following describes the available reporting options at the University:
- Confidential Reporting: If an individual wishes the details of an incident to be kept confidential, the individual can speak with the following confidential resources:
- Confidential Advocates at Franciscan University of Steubenville.
- Ordained priests, ordained deacons, ordained ministers, and religious sisters and brothers who are operating in that role (or in their role at Franciscan University as a chaplain, pastoral minister or pastoral associate) and are recognized by a religious order or denomination as someone who provides confidential pastoral counseling or spiritual direction.
- Certified spiritual directors located at Franciscan University who are operating in that role and are recognized by the University as someone who provides confidential spiritual direction.
- Licensed professional counselors at the Franciscan University Counseling Center and counseling interns working under the supervision of a licensed professional counselor.
- Health service providers at the Franciscan University Health Center.
- Off-campus licensed professional counselors.
- Off-campus sexual assault and domestic violence counselors, sexual assault centers, victim advocacy offices, women’s centers, and health centers.
These confidential resources will honor confidentiality unless: (a) there is an extreme case of clear and imminent danger to the individual or to others; (b) suspected abuse of a minor; or (c) there is another basis for disclosure permitted or required by law. In such cases, the confidential resource must contact the necessary authorities. However, an individual’s disclosure during the Sacrament of Reconciliation (confession) will not be revealed by the priest for any reason, which is a protected obligation upheld by law.
Additionally, these confidential resources (except for pastoral counselors and professional counselors as defined under the Clery Act) will submit annual, anonymous, aggregate statistical information only for federal statistical reporting purposes consistent with the Clery Act without disclosing any personal information or breaching any confidentiality, unless they believe it would be harmful to a specific individual. The only information to be submitted includes the date, the general location of the incident (using the Clery Act defined location categories such as “on or off-campus” or “adjacent public property” but no specific addresses are given or reported) and the Clery Act crime category. This information will be used for publication in the University’s Annual Security and
Fire Safety Report. This report helps to provide the community with a clear picture of the extent and nature of campus crimes, to ensure greater community safety.
- Reporting to the University’sTitleIX/EEOCoordinatorandDeputyTitleIX/EEOCoordinators: Alleged violations of this policy are encouraged to be reported directly to the Title IX/EEO Coordinator or to one of the Deputy Title IX/EEO Coordinators listed under Section III above. Individuals may use the online Formal Complaint Form, or schedule an appointment with the Title IX/EEO Coordinator or to one of the Deputy Title IX/EEO Coordinators to report an incident. In the event a complainant requests that his or her name or other identifiable information not be shared with the respondent, or requests that the University take no formal action in response to a report, the Title IX/EEO Coordinator (or designee) shall evaluate such request and notify such individual of the University’s response to such request. If the University honors the request for confidentiality, the University’s ability to meaningfully investigate the incident and pursue disciplinary action against a respondent may be limited. The University will consider the complainant’s request to the extent possible based on a careful evaluation of a range of factors, which include but are not limited to, any legal reporting requirements, the risk of harm to any individual and the University’s duty to maintain a safe and non-discriminatory environment for all. In cases where the complainant requests confidentiality and the circumstances allow the University to honor that request, the University will offer supportive measures (as described below in Section X of this policy) to the complainant and the campus community, but will not otherwise pursue formal action.
Complainants are advised, however, even if a Complainant has made such a request or requests that the University take no formal action in response to a report, the University may be obligated to move forward with a University-Initiated Investigation and potential disciplinary action if there is an individual or public safety concern and sufficient independent information exists to establish that this policy has been violated. Examples of situations in which the University may initiate or continue proceedings under the policy include when a report involves serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the University Community. If the Title IX/EEO Coordinator (or designee) determines that the University cannot maintain complainant confidentiality, the Title IX/EEO Coordinator (or designee) will attempt to inform the complainant and will limit the information shared to those with a need to know in order to handle the University’s response.
- Reporting to Law Enforcement Authorities: Because sexual misconduct may constitute both a violation of this policy and criminal laws, the University encourages individuals to report alleged criminal sexual misconduct to law enforcement agencies. Any individual who believes that he or she is in immediate danger should dial 740-283-6911 for campus security or 911 for local law enforcement. On-campus incidents may be reported to any of the local law enforcement agencies listed under Section XI of this policy. For off-campus incidents, reports may be filed with the local law enforcement agency where the incident occurred. Although individuals are encouraged to notify law enforcement agencies, they are not required to do so. Whether or not an individual who has been subjected to sexual misconduct chooses to pursue criminal charges externally, they have the right to pursue an internal complaint under this policy, regardless of the status of any external proceedings. As such, a complainant may seek recourse under this policy and/or pursue criminal action. In certain circumstances, the University may have an obligation to pursue an investigation, make a complaint, and/or take remedial action directly, even if a complainant chooses not to pursue the matter internally at the University and/or requests that their name not be disclosed to the alleged perpetrator. Law enforcement’s determination of whether or not to prosecute a respondent, nor the outcome of any criminal prosecution, is determinative of whether a violation of University policy has occurred.
The University will assist a complainant, at the complainant’s request, in contacting local law enforcement and will cooperate with law enforcement agencies if a complainant decides to pursue the criminal process. In addition, the University will assist an alleged victim of sexual misconduct, who is interested, in obtaining a protection/restraining order from a court of law. If a complainant obtains such a court order, Campus Security will enforce the court order on campus. The investigation and proceedings under this policy may be carried out prior to, simultaneously with, or following any external civil or criminal proceedings occurring off-
campus. At the request of law enforcement, the University may agree to defer its fact gathering for a brief period during the initial evidence-gathering stage of a criminal investigation. The University will nevertheless communicate with the complainant regarding support, options for resolution and the implementation of supportive measures to address concerns regarding their safety and well-being. The University may also take immediate and prompt steps that it deems necessary to protect the University community. The University will promptly resume its investigation as soon as it is informed that law enforcement has completed its initial investigation.
- Reporting to University Employees: All Franciscan University employees (which include all faculty, staff, administrators and certain designated University student-employees (i.e., those students employed in Admissions/Enrollment Services; as a receptionist in the Office of Student Life; Resident Directors; and Resident Assistants) are considered “responsible employees” and are obligated to promptly report actual or suspected discrimination, harassment or sexual misconduct to one of the appropriate University officials designated in Section III of this policy. Anonymous reporting does not satisfy this mandatory reporting obligation. Prompt reporting is necessary to assure that the matter is handled promptly and appropriately by trained personnel and that appropriate corrective and remedial actions may be taken as warranted, including interim measures. Prompt reporting of such incidents enhances the ability of the University to promptly remedy violations of this policy and to prevent their recurrence. The information reported should include all relevant details about the alleged incident that a student or another person has shared with the responsible employee, including the names of the alleged perpetrator (if known), the student or other member of the campus community who experienced the alleged misconduct, others involved in the incident as well as the date, time and location of the incident.
Before a person reveals this type of information to a responsible employee, the responsible employee should make every effort to ensure that the person understands the employee’s reporting obligation and the person’s option to request that the University maintain his or her confidentiality (which request would be considered by the Title IX/EEO Coordinator or designee), and the person’s ability to share the information confidentially with the confidential resources listed above.
- Reporting Sexual Misconduct Involving a Child/Minor: Sexual misconduct involving a child/minor (anyone under 18 years of age) must be reported. Ohio state law requires that all University employees who have reason to believe that a child/minor is a victim of child abuse or neglect (including sexual misconduct) have an affirmative duty to make an oral report to Child Protective Services (CPS) 1-855-OH-CHILD (1- 855-642-4453) or to local law enforcement (See Section XI for a list of local law enforcement agencies). Failure to report may result in criminal charges. As such, the University will report known sexual misconduct involving a child/minor to the appropriate agency.
- Anonymous Reporting: If someone other than a University responsible employee wants to make a report of discrimination, harassment or sexual misconduct on his or her behalf or on behalf of another person, but wishes to remain anonymous, you may do so by completing a secure Anonymous Online Form. This information will then be sent to the Title IX/EEO Coordinator (or designee) for review and appropriate response and action. It is important to understand that if you choose to file an anonymous report, the University’s ability to investigate, respond or take further action may be limited by the level of information available about the incident or individuals involved. Nonetheless, if the identity of the complainant is revealed in the anonymous report, the Title IX/EEO Coordinator (or designee) will reach out to the complainant to discuss his/her rights and options under the policy and offer supportive measures.