Mandatory Reporter Policy

I. Scope

This policy applies to the entire IWU community, including all employees, volunteers, students, and contractors.

II. Policy Statement

To make it easier to know what you need to do, the University defines ALL EMPLOYEES as mandatory reporters EXCEPT Health Center nurses and physicians, the Victim Advocate Liaison, Center for Student Success counselors, Graduate Clinic counselors and trainees, Spiritcare Chaplains, and the Campus Pastor. As a mandatory reporter, if you become aware of possible discrimination, including harassment, sexual misconduct, or a crime, you MUST inform the University by contacting one of the Designated Reporting Offices below or utilizing either the University Incident Reporting System or the Ethics Hotline. Reporting is required regardless of whether the discrimination involves students, faculty, staff, or visitors to the University.

When you report, you may be able to initially withhold personally identifiable information (the name of the victim, the name of the accused individual, and other identifying details about witnesses, location, etc.), in cases where the alleged victim is hesitant to have a formal report made. Subsequently, campus officials may need additional information from you. Your job is to cooperate fully with campus officials, providing any information/details requested.

III. Reason for the Policy

This policy outlines the mandated reporting of suspected discrimination, including harassment, based on protected class status, sexual misconduct, and crimes. It briefly explains the meaning and purpose of mandatory reporters, the legal context, and articulates a straightforward set of guidelines for all members of the campus community to follow.

IV. Procedures

DESIGNATED REPORTING OFFICES
For Incidents Involving:	Contact:
IWU Marion (Residential) Students	Daniel Parham Deputy Title IX Coordinator, IWU Marion Students 765-677-2061 daniel.parham@indwes.edu
National & Global (Non-Residential) Students	Leslie Zolman Deputy Title IX Coordinator, IWU National & Global Students 765-677-2872 leslie.zolman@indwes.edu
EMPLOYEES (including student employees)	Mark Pederson Deputy Title IX Coordinator, Employees 765-677-3412 mark.pederson@indwes.edu
• ANY STUDENT • EMPLOYEES • VISITORS • CONTRACTORS/VENDORS	Shelley Isler Title IX Coordinator 765-677-2175 shelley.isler@indwes.edu
CRIMES (involving all IWU community members)	Campus Police (or if Non-Residential, nearest law enforcement jurisdiction) 765-677-4911
OTHER REPORTING OPTIONS
University Incident Reporting System		https://www.indwes.edu/incidentreport
Ethics Hotline		Online: Ethicspoint.com Toll Free Phone: 844-286-6028

Speaking with Victims/Witnesses

In speaking with a victim or witness, you SHOULD NOT promise confidentiality. Faculty and staff members do not have a special privilege or ability to maintain the confidentiality of reports shared with them. If someone begins to discuss an incident of discrimination, harassment, and/or sexual misconduct, you might want to say something like the following:

I appreciate your willingness to share this information with me. Please know that I am here to help in any way that I can. If you would like to file a formal complaint with the University, I will help you connect with [the appropriate Designated Reporting Office], so that it can begin investigating this matter.

It is important that you understand that I cannot promise to keep what you share confidential. If you are still comfortable speaking with me, I am here to listen. If not, please let me help you connect with one of the following University’s confidential resources:

• Victim Advocate Liaison 765-677-3350
• Health Center x 2206
• Center for Student Success x 2257
• Campus Pastor x 5311
• Graduate Counseling Clinic Marion Campus x 2571; Indianapolis North 317-713-6154
• Spiritcare Chaplaincy x 1830

Above all, please know that the University takes this matter seriously and wants to help.

V. Definitions

“Discriminatory Harassment” is harassment based upon an individual’s actual or perceived membership in a protected class. Harassing conduct may take various forms, including, name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be physically threatening, harmful, or humiliating.

“Protected class” means age, race, color, national origin, sex, disability, genetic information, and veteran status.

“Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:

(1) An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct (Quid Pro Quo);

(2) Unwelcome conduct determined by a Reasonable Person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or,

(3) Sexual Assault, Dating Violence, Domestic Violence or Stalking as defined in this Policy.

Title IX Sexual Harassment and Non-Discrimination Policy

VI. Sanctions

Failure to comply with the provisions of this policy and any related campus procedures may result in cancellation of an event and/or discipline in accordance with applicable University handbook policies, up to and including termination of employment, termination of contract, dismissal from the University, issuance of No-Trespass Notices, and/or disqualification for participation in future volunteer activities. Knowingly making a false report or complaint under this policy, or knowingly providing false or intentionally misleading information during an investigation, may also result in disciplinary action up to and including termination of employment and/or dismissal from the University. Failing to report child abuse and neglect, as well as knowingly making a false report are considered crimes in most states.

VII. Related Information

There are three federal laws that establish responsibilities for employees to report certain types of crimes and incidents, especially sexual misconduct—the Clery Act, Title VII of the Civil Rights Act, and Title IX. Each of these areas of federal law has a different purpose, but generally, the laws are intended to protect members of the University community, visitors and guests from criminal and discriminatory behavior. The responsibilities established by these laws give rise to the term “mandatory reporter.”

Additionally, state laws in Indiana, Ohio, and Kentucky have mandatory reporting requirements for suspected child abuse and sexual abuse. See the Protection of Minors Policy for more details.

Title IX of the U.S. Education Amendments of 1972 (20 U.S.C. §§ 1681–1688); Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics (20 U.S.C. § 1092(f)); Title VII of the Civil Rights Act of 1964.