All responsible employees are expected and required to report any concerns immediately to a Title IX Coordinator. When an allegation of misconduct is brought to an appropriate administrator’s attention, and an individual is found to have violated this policy, serious sanctions may be instituted to reasonably ensure that such actions are never repeated, to remedy its effects, and to enforce discipline, as appropriate.

Lander University understands that confidentiality is important. However, confidentiality cannot be guaranteed. The administrators, faculty or staff responsible for implementing this policy will respect the privacy of individuals reporting or accused of discrimination or misconduct and will maintain confidentiality to the extent reasonably possible.

Examples of situations where confidentiality cannot be maintained include, but are not limited to, necessary disclosures during an investigation, circumstances where Lander University is required by law to disclose information (such as in response to legal process), or when an individual is in harm's way.

Depending on individual’s role at the university, there are differing reporting responsibilities and abilities to maintain confidentiality based upon laws and policy. Reporting responsibilities vary among two distinct groups.

 

1. Individuals with COMPLETE confidentiality

Certain positions that possess legal privilege granted by the state and are not required to tell anyone else your private, personally identifiable information unless there is cause for fear for your safety, or the safety of others.

These individuals include the following professional positions and can be accessed through the Lander University Wellness Center:

  • On-campus licensed mental health counselors
  • On campus health service providers or Registered Nurses
  • Off-campus rape crisis resources

This privilege exists only within the context of counseling and health services sessions.

These resources will provide anyone impacted by a sexual assault and/or harassment with a safe and confidential environment to discuss concerns and to become aware of possible procedures or outcomes for recourse. Individuals to seek assistance from these confidential resources shall be advised that their discussions in these settings are not considered reports of sexual assault or harassment.

Campus counselors are available to help you free of charge, and can be seen on an emergency basis. In addition, you may speak on and off-campus with members of the clergy and chaplains, who will also keep reports made to them confidential. A reporting or responding party may seek assistance from these university officials. A reporting party may seek such assistance without starting a formal process that is beyond their control, or that violates her/his privacy.

 

2. Individuals with FULL legal reporting requirements

The university deems ALL OTHER EMPLOYEES (this includes RA’s and all other employees) as “responsible employees.” Responsible employees have an obligation to FULLY and IMMEDIATELY report any allegations, observations, or violations in entirety including names. Notice to a responsible employee is official notice to the institution.

You have the right and can expect to have incidents of sexual misconduct to be taken seriously by the institution when formally reported, and to have those incidents investigated and properly resolved through administrative procedures. Formal reporting means that only people who need to know will be told and information will be shared only as necessary with investigators, witnesses, and the accused individual.

Failure to take the above action to properly report, prevent the occurrence, or stop known discrimination or harassment may be grounds for disciplinary action up to and including termination or expulsion.

 

Supervisors, Managers, and Administrators’ Responsibilities

Every supervisor and manager has the responsibility to take reasonable steps intended to prevent acts of discrimination or sexual harassment, which include, but are not limited to:

  1. Monitoring the work and school environment for signs that discrimination or harassment may be occurring;
  2. Refraining from participation in, or encouragement of actions that could be perceived as discrimination or harassment (verbal or otherwise);
  3. Stopping any observed acts that may be considered discrimination or harassment, and taking appropriate steps to intervene, whether or not the involved individuals are within his/her line of supervision; and
  4. Taking immediate action to minimize or eliminate the work and/or school contact between the two individuals where there has been a complaint of sexual harassment, pending investigation.

If any employee receives a complaint of alleged discrimination or sexual harassment, or observes or becomes aware of conduct that may constitute discrimination or sexual harassment, the employee is required to immediately and fully report the situation to a Title IX Coordinator.

Failure to take the above action to properly report, prevent the occurrence, or stop known discrimination or harassment may be grounds for disciplinary action up to and including termination or expulsion.