FAQs about Employee Reporting Obligations

With the exception of Confidential Employees, all staff, faculty, and certain student employees (as outlined below) are Responsible Employees. A Responsible Employee is any University employee who is required to immediately report allegations or disclosures of prohibited conduct under the Sexual Misconduct Policy to the Title IX Coordinator.

The following groups of student employees are also Responsible Employees:

• All graduate student employees
• Undergraduate student employees who are Resident Advisors and Student Patrol Officers

Any individual who is not a Confidential Employee is welcome to make a report to the Title IX Office.

Confidential employees are U of I employees who are not required to notify the Title IX Coordinator when a person informs them of conduct that reasonably may constitute Prohibited Conduct under the Sexual Misconduct Policy. The following are confidential employees:

• Employees whose communications are privileged or confidential under Federal or State law. Examples of those who have confidentiality bestowed by law may include medical professionals, attorneys, and mental health professionals/counselors. For confidentiality to apply, the employee must be in a confidential relationship with the person reporting, such that at the time of receiving the notice or disclosure they are within the scope of their duties to which privilege or confidentiality applies.
• Confidential Advisors located in the Women’s Resources Center A Confidential Advisor’s confidential status is only with respect to information received about sexual misconduct in connection with providing services related to the disclosure.
• The Associate Dean of Students – Student Ombudsperson when performing the duties of the professional Ombuds role.
• Any University employee who performs administrative and/or related support for employees whose communications are privileged or confidential under Federal or State law or for designated confidential employees such as Confidential Advisors.

For a list of campus Confidential Resources please visit Resources for Students or Resources for Employees.

Confidential employees maintain the confidentiality of information that is shared with them in their confidential role, unless explicitly authorized to disclose the information. However, a confidential employee may be required to report if there is an imminent threat of harm to self or others, or if they are legally obligated to report. For example, a confidential employee may be required to report suspected abuse or neglect of a minor under the age of 18. Questions about how to interpret the validity of any permission given or the applicability or scope of any law or court order requiring disclosure should be directed to the Office of University Counsel.

Before an individual reveals information that they want to remain confidential, a Responsible Employee should make every effort to ensure that the person understands:

1. the responsible employee’s obligation to report the details of the alleged incident that the reporting individual shares, including the names of the alleged offender and person who experienced the alleged sexual misconduct and the relevant facts regarding the alleged incident;
2. the person’s option to request that the University maintain confidentiality; and
3. the person’s option to provide information on a confidential basis by speaking with a confidential resource for students or confidential resources for employees.

A responsible employee must report to the Title IX Coordinator (or other appropriate designee), as soon as possible after receiving the report, all relevant details about the allegations that the person has shared. This includes the names and contact information of the alleged perpetrator (if known), the person who experienced the alleged sexual misconduct, other individuals involved or witnesses, as well as relevant facts, including the date, time, and location.

While you do have an obligation to report what is shared with you with the Title IX Coordinator, please note that you should not investigate or try and ask more questions in order to obtain additional details about the incident. Investigation and response to reports of sexual discrimination or harassment requires specific training.

Responsible Employees should use the Online Form to submit a report to notify the Title IX Coordinator.

We recognize there may be circumstances where a Responsible Employee may be unsure whether information learned requires a report. If you have questions, please call the Title IX Office (217-333-3333) or the Office for Access & Equity – EEO Compliance (217-333-0885, option #2).

If you are unsure whether the alleged sexual misconduct has occurred, you should report. Responsible Employees are required to report all instances of suspected sexual misconduct.

The Title IX Office staff, or a designee in the Office for Access & Equity – EEO Compliance (“EEO”), will reach out to the complainant (the person who was reported to be harmed) to provide information about resources and Rights and Options and to invite the complainant to meet with a staff member.

Other important considerations include the following:

• Responding to the email and meeting with a staff member is optional for the complainant.
• The complainant can have a support person with them in the meeting.
• The Title IX Office or EEO may contact the person who made the report with any follow-up questions or to clarify any information.
• The staff member will review the situation and assess for any immediate safety concerns, discuss, facilitate and implement appropriate supportive measures, if applicable, and explain formal and informal options to address the concern.
• Making a report does not automatically initiate an investigation; complainants can request an investigation (submit a complaint) or make a request for no university action. If the complainant wants to submit a complaint, the staff will help the complainant with next steps.
• The staff will assist the complainant in contacting law enforcement at any time, regardless of whether they wish to pursue a complaint under the applicable University procedures.
• Supportive measures are available to the complainant with or without filing a complaint.
• The University reserves the right to investigate or otherwise address any report, regardless of when it is made, based on concern for the safety or well-being of the University community.

Upon being notified of an alleged violation of the Sexual Misconduct Policy by or on behalf of a student, the Confidential Employee should provide the survivor, when identified, their Rights & Options.

If an employee is performing duties that are not confidential or privileged when a report is received, such as teaching or serving as an emergency dean on duty, the employee must report to the Title IX Coordinator.

This disclosure is reportable to the Title IX Coordinator.

The following groups of student employees are Responsible Employees: All graduate student employees and undergraduate student employees who are Resident Advisors and/or Student Patrol Officers. These student employees, unless designated a Confidential Employee, must report to the Title IX Office if they learn about prohibited conduct under the Sexual Misconduct Policy during the course of their employment. “During the course of their employment” means becoming aware of an incident during and through the course of their work, such as someone disclosing to the student employee because of their role as a Resident Advisor, Graduate Teaching Assistant, or Tutor, for example.

Any individual who is not acting in their role as a Confidential Employee is welcome to make a report to the Title IX Office or a Responsible Employee.

Responsible Employees are not required to report disclosures made in connection with:

• Public awareness events when individuals do not intend to make a report to the university such as “Take Back the Night,” candlelight vigils, protests, town hall meetings, survivor speak-outs, etc.; or
• During an individual’s participation as a subject in an Institutional Review Board (IRB)-approved human subjects research protocol.
  • This exemption only applies when the employee is acting in his/her capacity as a researcher. It does not apply to instances of disclosure that occur when academic employees are speaking with individuals during office hours or in other academic roles (e.g., teachers, advisors, administrators).
  • The exemption does not apply to individuals under the age of 18 (who have permission to participate in the research) or when individuals over 18 disclose violence involving a minor as researchers are mandatory reporters of suspected child abuse and/or neglect.
  • Disclosures of researcher misconduct are not exempt from reporting.

The university may provide information about available university resources, support, rights, and options at public awareness events. Institutional Review Boards may require that researchers give a resource sheet that, in addition to common inclusion of university, local, state, and national resources, also provides participants with referral information about the university Title IX Office and confidential resources.

Questions about reporting obligations can be directed to the Title IX Coordinator.

Syllabus Language Samples

Short

Sexual Misconduct Policy and Reporting

The University of Illinois is committed to combating sexual misconduct. Faculty and staff members are required to report any instances of sexual misconduct to the University’s Title IX Office. In turn, an individual with the Title IX Office will provide information about rights and options, including supportive measures, resources, the campus disciplinary process, and law enforcement options.

A list of the designated University employees who, as counselors, confidential advisors, and medical professionals, do not have this reporting responsibility and can maintain confidentiality, can be found here: wecare.illinois.edu/resources/students/.

Other information about resources and reporting is available here: wecare.illinois.edu.

Medium

Sexual Misconduct Policy and Reporting

The University of Illinois is committed to combating sexual misconduct. As such, you should know that faculty and staff members are required to report any instances of sexual misconduct—which also includes dating violence, domestic violence, and stalking—to the University’s Title IX Office. What this means is that as your instructor, I am required to report any incidents of sexual misconduct that are directly reported to me, or of which I am somehow made aware. When a report is received, an individual with the Title IX Office reaches out to provide information about rights and options, including supportive measures, resources, the campus disciplinary process, and law enforcement options.

There is an exception to this reporting requirement about which you should be aware. A list of the designated University employees who, as counselors, confidential advisors, and medical professionals, do not have this reporting responsibility and can maintain confidentiality, can be found here: wecare.illinois.edu/resources/students.

Other information about resources and reporting is available here: wecare.illinois.edu.

Long

Sexual Misconduct Policy and Reporting

The University of Illinois is committed to combating sexual misconduct. As such, you should know that faculty and staff members are required to report any instances of sexual misconduct—which can include discrimination, harassment, sexual assault, sexual exploitation, dating violence, domestic violence, and stalking—to the University’s Title IX Office. What this means is that as your [insert role: professor/instructor/advisor/etc], I am required to report any incidents of sexual misconduct that are directly reported to me, or of which I am somehow made aware. When a report is received, an individual with the Title IX Office reaches out to provide information about rights and options, including supportive measures, resources, the campus disciplinary process, and law enforcement options.

There is an exception to this reporting requirement about which you should be aware. A list of the designated University employees who, as counselors, confidential advisors, and medical professionals, do not have this reporting responsibility and can maintain confidentiality, can be found here: wecare.illinois.edu/resources/students.

Other information about resources and reporting is available here: wecare.illinois.edu.