FAQs about Employee Reporting Obligations

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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 Sex-Based 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, Teaching Assistants, and Student Patrol Officers

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 Sex-Based Misconduct Policy. There are three types of 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 sex-based misconduct in connection with providing services related to the disclosure.
  • An employee conducting an Institutional Review Board-approved human-subjects research study, designed to gather information about sex discrimination.
    • The employee’s confidential status is only with respect to information received while conducting the study.
    • Please note that that if a disclosure is made in an IRB study that is not designed to gather information about sex discrimination, it must be reported to the Title IX Coordinator.

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

Before an individual reveals information that he or she wants 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 sex-based 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 sex-based 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 sex-based discrimination or harassment requires specific training.

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

Following a report or complaint of sex-based misconduct, the University will reach out, provide and review Rights and Options as appropriate, and:

  1. Inform the alleged victim of the option to request confidentiality and available confidential advocacy, counseling, or other support services, including confidential resources; reporting options and the applicable processes; and the importance of preserving evidence and seeking medical attention.
  2. Facilitate supportive measures, when applicable.
  3. Take immediate and appropriate steps to investigate or otherwise determine what occurred. If the University determines that the behavior created a hostile environment, the University will take appropriate steps to address the situation. The Title IX Coordinator will also take into consideration requests for confidentiality and/or no action in the context of providing a safe and nondiscriminatory environment for the campus.

A confidential employee must explain to any person who informs the confidential employee of conduct that reasonably may constitute Prohibited Conduct under the Sex-Based Misconduct Policy:

  1. The employee’s status as confidential for purposes of the Sex-Based Misconduct Policy, including the circumstances in which the employee is not required to notify the Title IX Coordinator about conduct that reasonably may constitute sex-based misconduct;
  2. How to contact the Title IX Coordinator and how to make a report or complaint; and
  3. That the Title IX Coordinator may be able to offer and coordinate supportive measures, as well as help initiate an informal resolution process or an investigation under the grievance procedures.

If an employee is performing duties that are not confidential or privileged, such as teaching, or is not providing confidential advising, the employee must report to the Title IX Coordinator.

Disclosures at U of I public awareness events require reporting to the Title IX Office, but they are not disclosures obligating a university response unless there is an imminent and serious threat. Employees attending the event must report any disclosures to the Title IX Coordinator for safety analysis. The university will use this information to inform its efforts to prevent sex-based harassment.

This disclosure is reportable to the Title IX Coordinator.

Student employees, unless designated a confidential employee, must report to the Title IX Office if they learn about prohibited conduct under the Sex-Based 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, Teaching Assistant, or Tutor, for example.

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

Syllabus Language Samples

Short

Sex-Based Misconduct Policy and Reporting

The University of Illinois is committed to combating sex-based misconduct. Faculty and staff members are required to report any instances of sex-based 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 accommodations, support services, 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/#confidential.

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

Medium

Sex-Based Misconduct Policy and Reporting

The University of Illinois is committed to combating sex-based misconduct. As such, you should know that faculty and staff members are required to report any instances of sex-based 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 sex-based 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 accommodations, support services, 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/#confidential.

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

Long

Sex-Based Misconduct Policy and Reporting

The University of Illinois is committed to combating sex-based misconduct. As such, you should know that faculty and staff members are required to report any instances of sex-based 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 sex-based 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 accommodations, support services, 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/#confidential.

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

Under the Nondiscrimination Policy, university employees with supervisory or management responsibilities are obligated to report any and all observations and complaints of discrimination and harassment promptly to the Office for Access and Equity. Other employees are strongly encouraged to do so as well. The policy covers discrimination and harassment based on race, ethnicity, religion, disability, and a range of other protected classifications. For more information, see Office for Access & Equity: Discrimination and Harassment.

Learn more about Title IX Reporting and Information Sharing Obligations for Employees (pdf).