I. Policy Statement
The purpose of this Sex Discrimination Reporting Policy (Policy) is to articulate the policy of The University of Tulsa (TU or University) regarding employee reporting requirements related to actual or suspected sex discrimination or harassment in accordance with the University’s obligations under Title IX of the Education Amendments of 1972 (Title IX) and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) as amended by the Violence Against Women Reauthorization Act of 2013 (VAWA).
This Policy applies to all University Employees unless specifically excepted herein.
University Employees means any person employed by the University in any capacity, including all full-time, part-time, and temporary faculty members, administrative / professional and hourly employees, and contract workers.
IV. Policy and Procedures
A. Reporting Requirement
All University employees (faculty, staff, and administrators) are expected to report actual or suspected sex discrimination or harassment to the Title IX Coordinator immediately, though there are some limited exceptions. In order to make informed choices, it is important to 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 sex discrimination or harassment to the Title IX Coordinator – thereby offering options and advice without any obligation to inform an outside agency or campus official unless a reporting party has requested information to be shared. Other resources exist for reporting parties to report crimes and policy violations and these resources will take action when an incident is reported to them. The following describes the reporting options at TU:
1. Confidential Reporting
If a reporting party would like the details of an incident to be kept confidential, the reporting party may speak with:
- On-campus licensed professional counselors and staff
- On-campus health service providers and staff
- On-campus Survivor Advocates
- On-campus members of the clergy/chaplains working within the scope of their licensure or ordination
- Off-campus (non-employees):
- Licensed professional counselors
- Health service providers
- Local rape crisis and domestic violence victim advocates
- Domestic Violence Intervention Services
- Local or state assistance agencies
All of the above-listed individuals will maintain confidentiality except in extreme cases of threat or danger or abuse of a minor. Campus counselors are available to help students free of charge and can be seen on an emergency basis during normal business hours. TU employees listed above will submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client, patient or parishioner.
2. Formal Reporting Options
All TU employees have a duty to report, unless they fall under the “Confidential Reporting” section above. Reporting parties may want to consider carefully whether they share personally identifiable details with non-confidential employees, as those details must be shared with the Title IX Coordinator. Employees must promptly notify the Title IX Coordinator upon receipt of a report of sex discrimination or harassment and share all details of the reports they receive. Employees should contact the Title IX Coordinator to receive guidance on individual employee reporting requirements.
If a reporting party does not wish for their name to be shared (i.e., requests confidentiality), does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the reporting party may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal law. Note that the University’s ability to remedy and respond to a reported incident may be limited if the reporting party does not want the institution to proceed with an investigation and / or formal resolution.
Additionally, anonymous reports can be made by survivors and / or third parties using the online reporting form posted at utulsa.edu/canecares. Note that anonymous reports may prompt the need for the institution to investigate to determine if remedies can be provided.
In cases indicating pattern, predation, threat, weapons and / or violence, the University will likely be unable to honor a request for confidentiality. In cases where the reporting party requests confidentiality and the circumstances allow the University to honor that request, the institution will offer interim supports and remedies to the reporting party and the community, but will not otherwise pursue formal action. A reporting party has the right, and can expect, to have allegations taken seriously by the University when formally reported, and to have those incidents investigated and properly resolved through these procedures.
Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told, including by not limited to the Title IX Coordinator, the Office of Student Affairs, and Campus Security. Information will be shared as necessary with investigators, witnesses and the responding party. The circle of people with this knowledge will be kept as tight as possible to preserve a reporting party’s rights and privacy. It is the policy of the University not to notify local law enforcement of reports of actual or suspected sex discrimination or harassment, unless the reporting party wishes the University to report such an incident or there is an emergency threat to health or safety. If requested, campus officials can facilitate reporting to local law enforcement, but may also respect a victim’s request not to do so.
Failure of a non-confidential employee, as described in this section, to report an incident or incidents of sex discrimination or harassment of which they become aware is a violation of this policy and can be subject to disciplinary action for failure to comply.
B. Federal Timely Warning Obligations
Parties reporting sexual misconduct should be aware that under the Clery Act, University administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. The University will ensure that a survivor’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.
C. Related Policies
This Policy is approved by the undersigned and effective as of the date written below.
Approved: Matt Warren, Vice President for Risk Management and Chief Compliance Officer Date Effective: 04/01/2021
Effective Date: 04/01/2021
Supersedes: previous version on 09/01/2018
Issuing Authority: Risk Management
Responsible Officer:Title IX Coordinator