Responsible Employees – Reporting Requirement
A “Responsible Employee”, under Title IX, is an employee:
- who has the authority to take action to redress sexual or gender-based harassment or violence;
- has the duty to report to appropriate school officials sexual or gender-based harassment or violence;
- an individual who could reasonably be thought to have the authority or responsibility to take action.
The university is on official notice if a responsible employee "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, other student), posted on fliers around campus, published in a local newspaper, etc. All of these should be reported to the Title IX Coordinator.
The role of a responsible employee is to report allegations of sexual misconduct, including sex discrimination, sexual harassment, dating violence, domestic violence, stalking, voyeurism, and any conduct of a sexual nature that is nonconsensual, that takes place on or off campus to the Title IX Coordinator.
The University requires that all Responsible Employees immediately report all known details of the allegation (date, time, and location), the names of the parties involved, and a brief description of the incident to the Title IX Coordinator or designee. This connects an individual to information and resources and enables the University to take appropriate action to eliminate, prevent and address any hostile environment that may exist. Responsible employee should NOT attempt to determine if the sexual harassment/misconduct actually occurred, or if a hostile environment is being created.
The following officials have been designated as Responsible Employees for complaint reporting purposes:
- The Title IX Coordinator and any Deputy Coordinator
- Public Safety Officers and employees
- President, Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, and Directors
- Administrative and Academic Department Heads
- Housing and Residence Life Staff, including Resident Advisers
- Student Affairs staff
- Human Resources staff
- Deans, Associate Deans, and Assistant Deans
- Athletic Coaches, Assistant Coaches, Trainers, Directors, Assistant Directors, Advisers, Associate Directors, and Managers
- Academic Advisers
- Faculty, Contingent Faculty, Part-time Instructors, Adjunct Instructors, Teaching Assistants, Research Assistants, Graduate Assistants, and Graduate Service Assistants.
- Other administrators with supervisory responsibilities
- Individuals designated as Campus Security Authorities
Responsible employees should explain to the individual that they are not a confidential resource before an individual reveals something that they may want to keep confidential. If an individual begins talking about the incident(s) with no warning, ask them to pause, and inform them that you cannot keep the conversation confidential. Let them know you care about them, assure them that you want to provide support, and if they want the incident to remain confidential, direct them to a confidential resource. Individuals at NMU’s Counseling and Consultation Services and Health Center are not required to report any information disclosed to them. If the individual’s health or safety is in danger, please call 911 immediately.
Authority: Title IX of the U.S. Education Amendments of 1972 (20 U.S. C. 1681-1688)
Source: OCR Questions & Answers on Title IX and Sexual Violence