Legal Obligation to Report

There are a few requirements of faculty and staff regarding reporting crimes to law enforcement or other authorities.  Title IX of the Educational Amendments of 1972 bans sex discrimination, including sexual harassment and sexual assault, for any school receiving federal funds. The University indicates that compliance is everyone’s responsibility.   This means that faculty and staff may be required to provide notification of a disclosure of sexual harassment or sexual assault to a Title IX Coordinator on campus. For more information about mandated reporting please visit Title IX Compliance.

Regardless of your reporting requirements, only a victim can decide if they want to participate in the criminal justice process or the judicial process on campus. There are many reasons why a victim may choose not to report the incident to authorities.  These reasons may include, but are not limited to:
• feelings of shame, guilt, and/or self-blame
• fear that no one will believe him/her
• fear of retaliation from the perpetrator
• reluctance to repeat personal and traumatic details of the incident to authorities
• history of mistrust of the police and other authorities
• reluctance to go through a criminal or judicial process
• fear of parents finding out and removing them from school
• not wanting the perpetrator to “get in trouble”

The victim’s decision not to report the incident must be respected. Remember that when a person is sexually assaulted, her/his sense of control has been taken away. To regain that control, it is important that s/he make decisions that affect her/his life.

In addition to requirements under Title IX, some University faculty and staff may also be required to provide information to a “Campus Security Authority”  under the federal Student Right-to-Know and Campus Security Act of 1990, Public Law 101-542, as amended to the Clery Act of 1998.  If you have questions regarding the Clery Act or your role as a mandated reporter, please click here