OCR provides that a responsible employee is any employee:
(a) who has the authority to take action to redress sexual harassment/misconduct;
(b) who has been given the duty of reporting incidents of sexual harassment/misconduct or any other misconduct by students to the Title IX coordinator or other appropriate designee; or
(c) who a student reasonably believes has this authority, duty or obligation.
WKU has decided to adopt a policy that defines all employees as mandatory reporters.
Title IX (and WKU’s policy) does not allow a WKU employee to receive / maintain a report “in confidence” – the only exception to this rule is where the employee’s position is such that the disclosure of the information is prohibited by law. An example would be a pastoral / religious counselor, mental health professional, etc.
The policy can be viewed at: http://www.wku.edu/policies/docs/182.pdf
Section III,A,1 states:
In order to enable WKU to respond effectively and/or proactively stop instances of sexual misconduct/assault involving students at the University, all WKU employees (e.g., part-time, full-time, temporary, intermittent, etc.) must report information they have about alleged or possible sexual misconduct/assault involving student-to-student concerns to the Office of Student Condcut, and concerns involving, but not limited to, employee-to-student, employee-to-employee, and student-to-employee to the Equal Employment Opportunity office (EEO), within 24 hours of receiving such information.
Section III,A,2 states:
Employees who are statutorily prohibited from reporting such information, such as pastoral and mental health counselors and licensed health-care professionals, are exempt from these reporting requirements.
Title IX and Clery Act mandatory reporters include any employees who have the authority to take action to redress the harassment, who have the duty to report to appropriate school officials sexual harassment or any other misconduct by students or employees, or an individual whom a student could reasonably believe has this authority or responsibility which include, but are not limited to:
•Vice Presidents, Deans, Department Chairs, Directors, and Coaches;
•Assistant or Associate Vice Presidents, Deans, and Provosts;
•Any employee in a supervisory or management role;
•Any faculty member responsible for supervising any activities or programs that include direct contact with students outside of classroom (including faculty advisors to recognized student organizations);
WKU faculty are committed to supporting our students and upholding gender equity laws as outlined by Title IX. Therefore, if a student chooses to confide in a member of WKU's faculty regarding an issue of sexual misconduct, that faculty member is obligated to inform the WKU Title IX Coordinator. The Title IX coordinator will assist the student in connecting with all possible resources both on and off campus.
•Western Kentucky University Police Department (WKUPD) Officers and any contracted security personnel.
If you learn about sexual harassment, discrimination or sexual assault, you are expected to promptly contact the campus Title IX Coordinator, Andrea Anderson or her designee* who will take responsibility for prompt action.
*Michael P. Crowe, Jr.-Director of Student Conduct will investigate all cases involving student to student.