What is a “Responsible Employee”? A Responsible Employee is a university employee who has the duty to report incidents of sexual misconduct to the Title IX Coordinator or an employee whom an individual could reasonably believe has this duty. All employees of the university, unless deemed confidential, are considered responsible employees and are required to report actual or suspected sexual misconduct to the Title IX coordinator.
If an employee is unsure whether they are a responsible employee, they are required to contact the Title IX coordinator.
A report to the Title IX coordinator may not automatically initiate a formal investigation. Rather, the purpose of this reporting obligation is to ensure that students and employees are aware of their rights and options to address what they may have experienced, including the ability to obtain advocacy and support services and file a formal complaint.
Before a person reveals information that they may wish to keep confidential, a responsible employee should make every effort to ensure that the person understands their reporting obligation as a mandatory reporter and where to go if they want their information to be kept confidential.
What to Report
When reporting an incident to the Title IX coordinator, a responsible employee must report all of the information that is shared with them, such as the name of the victim-survivor, accused individual, location, and information related to the incident. If this information is not provided by the individual, please do not ask. Only report the information that is shared with you, however little that may be.
Best Practices for Implementing Your Role as a Mandated Reporter of Sexual Assault, Intimate Partner Violence and Stalking
For Faculty, Staff & Administrators
Here is information and resources for faculty, staff and administrators who receive reports of sexual assault or rape from students, colleagues or acquaintances. If someone voluntarily discloses that they have experienced sexual assault or rape, know that this person likely trusts you and it is important for you to provide support and reassurance as they make decisions about what to do. Survivors of sexual assault can be significantly affected throughout their recovery by the actions and attitudes of the people in their support system. You can provide support in your willingness to listen with a nonjudgmental attitude.
If you find you are unable to respond to a survivor of sexual assault in a supportive manner, please provide the survivor with the options for who to contact for support:
- Marshall University Counseling Center:
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- 24/7 Emergency Service
- 304-696-3111 / 304-696-2550
- www.marshall.edu/counseling
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Marshall University Employee Assistance Program:
- 24/7 Emergency Service
- 888-293-6948
- www.marshall.edu/human-resources/employee-assistance-program-eap/
You can also contact the Employee Assistance Program yourself to receive support in your role in responding to someone who’s experienced sexual violence.
Keep the following in mind when speaking with, listening to, or otherwise offering support to a survivor of sexual assault, intimate partner violence, or stalking:
I. Inform students of your role as a mandated reporter
If a student tells any Marshall staff or faculty member about having survived sexualized violence, including rape, sexual assault, dating violence, domestic violence, or stalking, and specifies that this violence occurred while they were a Marshall student, federal and state education laws require that staff and faculty notify the Marshall Title IX Coordinator, Jessica H. Donahue Rhodes, Esq. The Title IX Coordinator will then contact the student to let them know about accommodations and support services at Marshall, as well as possibilities for holding accountable the person who harmed them.
Do your best to ensure that the student knows that you are a mandated reporter before they disclose an incident that you must report.
When necessary, interrupt students to inform them of your role. You might say, “I’m sorry to interrupt you, but I want you to be informed about your choices regarding what you tell and to whom this information is reported. There are a number of issues where I am required to report what you tell me to the Marshall Title IX Coordinator. I’m happy to talk with you and put you in touch with Jessica H. Donahue Rhodes, Esq., but if you’d like to first explore options for support, accommodations and accountability with someone who can keep your information confidential, here’s a list of numbers you can call.”
CSAs are required to make reports of known incidents of sexual assaults to MUPD.
Marshall University Police Department • 304-696-HELP (4357)
Watch for warning signs and be honest with the survivor. Be aware that if a student’s life is in danger or if a student poses serious risk of harm to himself or herself or to others, you will not be able to maintain confidentiality. If you have determined that they have a clear intent and a plan to harm themselves or others, you must call 911 and report immediately.
II. When a Student Chooses to Talk with You about Sexual Assault, Intimate Partner Violence or Stalking
A. Remember your role
You are not a counselor, you are not an investigator, and you are not called upon to name, analyze, or define students’ experiences.
You are a bridge to connect the student with the Title IX Coordinator who will provide the survivor with options for support, accommodations and accountability. We also encourage you to provide the student with immediate information about these three 24-hour resources for support:
- Marshall University Counseling Center:
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- 24/7 Emergency Service
- 304-696-3111 / 304-696-2550
- www.marshall.edu/counseling
B. Keep the survivor’s needs and feelings at the center of the process
Offer nonjudgmental support. Remember that healing is a highly individual process and whichever decisions the survivor makes are the right ones for them at that time. Part of a survivor’s recovery is about regaining control that was lost in the event of violence. Be supportive of whichever decisions the survivor makes. Ask what you can do to assist the survivor and be clear with both yourself and the survivor about what you do and do not feel comfortable with.
Do listen respectfully and believe the student. Very few people lie about sexual assault or rape. In fact, there is severe under-reporting of these crimes. Consider how difficult it is to recount, and by extension often re-live, trauma by talking about an experience of sexual violence. Your ability to listen and respond in nonjudgmental ways can help to change the culture of silence that exists around sexualized violence.
Do remind the survivor that it is not their fault. The responsibility lies with the perpetrator in making a decision to violate the bodily integrity of another person. No matter what the person was wearing or how much they had to drink, they are not responsible for having been sexually assaulted. Asking questions, such as “Why didn’t you scream/leave?” or “Why did you go to that person’s house/invite them over?” is “victim blaming”, which can be extremely harmful to survivors of sexualized violence.
Do let the survivor know that you care, using a calm and compassionate tone.
Do say something like, “I’m so sorry that you have to go through this.”
Don’t overly express your own feelings about what happened to them.
Don’t say, “It’s outrageous that you’ve had to experience this!”
Remember: if we react with shock and outrage we may silence survivors. Survivors will often shift away from identifying and discussing their own needs to responding to our reaction. If met with an overly emotional response, survivors may feel like they have to take care of us.
Do acknowledge your non-verbal expressions, when appropriate: If a strong emotion flickers across your face as you listen, for example if you know that anger passed over your face, do acknowledge it.
Do say (in a calm voice) something like, “If you saw anger on my face I just want you to know that I wasn’t angry at you; I felt anger at the fact that someone would choose to harm you.”
Don’t define their experience for them.
Don’t say, “Well, it sounds to me like you were raped!”
Do use the words the survivor uses to describe their experience. If they say rape, don’t interrogate them about what they mean. If they say “taken advantage of” or “violated” use those words, or other general terms such as “harm.”
Do validate that what happened to them was not ok.
Do say something like, “I am so sorry that person harmed you.”
Remember: none of us have the magic words that will support survivors in all contexts. Even from the best of intentions we might say something hurtful. If you see that what you said caused the survivor to become upset, acknowledge this. You might say something like, “I think what I said that just made this harder for you.”
C. Establish clear boundaries and be a bridge to forms of support
Offer forms of support that are appropriate for your role: Let the survivor know what you can realistically offer to support them. For instance, if you are a faculty member you can, if you choose, offer extensions on deadlines for course work. Or you can refer them to the Title IX Coordinator to explore options of late withdrawal from their classes. If you are a supervisor of a student employee, let them know if there are options for taking time off and/or rearranging their work schedule.
For support that is needed beyond your role, serve as a bridge to campus and community support and resources
Don’t say: “I’ll be there for you in whatever way you need.”
Do say: “We have campus and community resources to help support you such as the Counseling Center and CONTACT/Branches.”
Don’t say: “I’ll show up at the court case.”
Do say: “If you would like to have someone with you at the court case, the Title IX Coordinator will be able to tell you the options for advocates who can go with you.”
Don’t say: “I’ll make sure justice will be served.”
Do say: “The Title IX Coordinator will help to make sure you are connected with the people who can assist you throughout the process.
D. If a Student discloses committing an act of violence
Call the Title IX Coordinator at 304-696-2924 to let them know that you have reason to believe a student has committed sexual assault, intimate partner violence, or stalking. Do not let the student know you are reporting to the Title IX Coordinator, as this could interfere with the investigation and/or could result in retaliation.
III. After fulfilling your obligation to report to the Title IX Coordinator, keep the student’s information private
If the topic of a student survivor’s performance as an employee or success in class comes up in department meetings, provide the minimum information you can in order to support the student. Don’t say: Since she was raped she’s been struggling in my class. Do say: She is in the midst of a significant crisis.
Respect boundaries; establish confidentiality to the extent possible. Let the survivor decide when to tell other people in their life. Ask before touching or hugging the survivor. Assure the survivor that you will not talk about their experience to anyone besides those to whom you are required to make reports.
A note on confidentiality:
- All Marshall faculty and staff are required to make reports to the Title IX Coordinator and provide the name of the student who experienced the incident of sexualized violence.
If you need to discuss your own thoughts or feelings after helping a survivor, you are welcome to call the Marshall University Employee Assistance Program: 24/7 Emergency Service; 888-293-6948; www.marshall.edu/human-resources/employee-assistance-program-eap/
If you talk with anyone else, please remember that we live in a very small community and simply mentioning the location of the assault, the date it occurred, or other basic information about the survivor (academic major, athletic affiliations, etc.) can be enough identifying information to destroy anonymity.
Resources for Survivors
Options for students to talk with someone confidentially include the following people and organizations:
IF YOU HAVE AN EMERGENCY: Contact MUPD at 304-696-4357 or 9-1-1.
Frequent Questions
The Title IX Office will typically attempt to contact a Complainant three times, and if the Complainant does not respond, the Title IX Office will respect the Complainant’s right not to respond to contact.
The Title IX Office typically does not follow up with the responsible employee who has made the initial report to respect the privacy of the parties and due to FERPA protections. If a responsible employee completes the Advocate Online Reporter Form, they will receive a confirmation email for their records confirming that the report has been made. Once you have made a report, there is nothing further you need to do.
If you have made a report to the Title IX Office and have concerns about follow-up, please feel free to call the Title IX Office directly at 304-696-3075.
– assistance with academic supports, such as sending absence notifications for Title IX related absences
– assistance with scholarship appeals, individual course withdrawals, or total term withdrawals
– connection to medical care on or off campus
– connection to counseling resources on or off campus
– assistance with housing relocation or change
– connection to off-campus supports, such as Branches or CONTACT
– assistance with filing a formal complaint through the University or reporting to law enforcement
– assistance with safety planning
– assistance with a No Contact Order
1. INTERRUPT before details of the incident are revealed.
2. LISTEN without judgment.
3. SUPPORT the person by responding to their disclosure appropriately.
Examples of response:
a. “I’m sorry you’re going through a difficult time.”
b. “What would be helpful to you right now?”
c. “This is not your fault. You have options.”
d. “You are not alone, and there are resources available to you.”
4. AFFIRM the student’s decision to share information with you.
5. INFORM the student of your role and obligations to report.
– Make sure to take care of yourself, and get support if you need it.
3. REFER
a. If you are REQUIRED TO REPORT, encourage them to seek counseling, medical assistance, or to file a police report AFTER explaining your role and obligations.
b. If you are NOT REQUIRED TO REPORT, encourage them to file a report with the school or police, and to seek counseling or medical assistance.
4. REPORT
a. If you are REQUIRED TO REPORT, notify the Title IX Office with details of the alleged incident.
b. If you are NOT REQUIRED TO REPORT, review options for reporting and discuss the difference between confidential and non-confidential disclosures.
“Thank you for coming to me with this, but I need to stop you for a moment. It sounds like you might have experienced something I may be required to report. I care about you and want you to get the resources you need, but there are certain things that some employees, like myself, have to report, which would include giving your name and some of the details you share with me.
I want you to make an informed choice about what you disclose to me today. If you’re going to tell me something I might have to report, you may instead want to talk to someone who can help protect your confidentiality. I am more than happy to connect you with a confidential resource if you’re not ready to report this officially.
If you’d like to go ahead and share information with me, you could be contacted by the school to determine if an investigation needs to occur. I am happy to report this for you, or I can also assist you with reporting this to the institution or to the police.”
- Do NOT promise confidentiality.
As a responsible employee, you cannot keep confidentiality and you must report incidents of suspected sexual misconduct to the Title IX Office.
- Do NOT promise an outcome.
Do NOT promise counseling or guidance beyond your training or expertise. Instead, refer the person to a trained resource (Title IX Office, Violence and Prevention Office, Counseling Center, Ombudsperson, and Employee Assistance Program.)
- Do NOT discourage the person from further reporting.
If you have doubts about the incident, keep them to yourself. Do NOT minimize (or magnify) the incident or the impact on the person.
- Do NOT blame the person for the incident.
Be aware that blame may be stated or implied through comments, body language, or questions.
- Do NOT question the person about the incident.
It is not the responsible employee’s role to investigate the incident, and asking too many questions can make a person feel uncomfortable or even attacked. Questions should be limited to 1) the person’s name, the accused perpetrator’s name, date, time, and location of the incident, and 2) assessing for any immediate health and safety needs.
- Do NOT say that you know what the Complainant is going through.
- Do NOT Panic.
Take a deep breath and focus on the Complainant.
Campus Security Authority Reporting
In addition to being responsible employee, certain Marshall employees are also considered Campus Security Authorities (“CSAs”). This is a designation under a different federal law known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”). CSAs are required to report crimes that are classified as Clery-crimes and hate crimes.
At Marshall, CSAs include but are not limited to campus police, campus security, and individuals with significant responsibility for student and campus (including Student Housing)
Clery crimes include dating violence, dating violence, murder, negligent manslaughter, robbery, aggravated assault, burglary, motor vehicle theft, sex offenses (including sexual assault/rape, fondling, incest, statutory rape) motor vehicle theft, arson, stalking, liquor, drug, and weapons law violations.
Hate crimes are crimes committed because of the individual’s race, religion, gender, gender identity, sexual orientation, ethnicity, national origin and/or disability. When reporting a hate crime, the individual should note whether there is evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.
If you are a CSA and need to report a crime that is in progress or just occurred, call 911. If a crime is being reported after the fact, call the MUPD or make a police report in person.
