How Does Mandatory Reporting Affect Title IX Cases?

College and university employees can be required to report certain violations of federal law, making them mandatory reporters. Under the Clery Act, Title VII of the Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972, staff and faculty members may be required to report sexual misconduct. When a mandatory reports complies with his or her duties as a mandatory reporter, a Title IX case can be launched even if the victim or survivor of the sexual assault or other form of sexual misconduct has not made an official report. According to Duffy Law, mandatory reporting ultimately can affect a victim’s expectations of confidentiality, resulting in a Title IX investigation process.

Who is a Mandatory Reporter?

In order to understand how mandatory reporting affects Title IX cases, it is important to learn more about mandatory reporting by responsible employees. Employees who are mandatory reporters of sexual misconduct, including sexual harassment or sexual assault, will be determined by the university in most cases. Mandatory reporters are identified as responsible employees by policies of the educational institution.

A responsible employee is typically defined as an employee of the college or university who is bound by a dusty to report any incidents or suspected incidents of sexual misconduct to the school’s Title IX coordinator or to another party who is designated by the school to receive such information. In 2001 guidance, the U.S. Department of Education Office for Civil Rights (OCR) used the term “responsible employee” in relation to incidents and sexual misconduct and Title IX violations. That document explained that a responsible employee is “any employee who has the authority to take action to redress the harassment, who has the duty to report to appropriate school officials sexual harassment or any other misconduct by students or employees, or an individual who a student could reasonably believe has this authority or responsibility.”

In the last two decades, colleges and universities have crafted and revised policies to define who is a responsible employee, and thus who is a mandatory reporter of sex discrimination, sexual misconduct, and sexual violence. Some institutions identify all employees, including all faculty members aside from expressly identified confidential sources, as mandatory reporters. Other institutions identify only certain staff and faculty members as mandatory reporters, so it is critical to understand a particular university’s policies.

Title IX Mandatory Reporting and Required Title IX Investigations

A mandatory reporter is required to report suspicions or information about sexual misconduct to the Title IX coordinator or the Title IX office, which can, in turn, result in a Title IX investigation. This sequence of events can occur even if the victim or survivor of the sexual misconduct or assault does not want to file a complaint, or does not want to initiate an investigation. By discussing any information about the incident with a mandatory reporter, including a faculty member who is required to report information about sexual misconduct, a student or another party at an institution can trigger a Title IX investigation.

Mandatory reporters can refer a student or another party to confidential sources—who are not mandatory reports and can maintain the confidentiality of the student and the allegations—at the university instead of hearing from a student or another party about an incident of sexual misconduct and reporting it.

If you have any questions or concerns about mandatory reporting, you should speak with an experienced national Title IX attorney.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes