To foster an environment free of prohibited conduct, all University members are encouraged to take reasonable prudent actions to prevent, stop, and report all acts of prohibited conduct. In addition, University members have the following reporting and other obligations related to possible prohibited conduct.
Reporting of Prohibited Conduct Directed at Students
University employees must promptly contact the campus Title IX Coordinator when in the course of performing their employment duties they learn about any form of prohibited conduct directed at students that may have:
- occurred on University property;
- occurred during a University employment or education program or activity;
- been directed at a current student at the time they were a student; or
- been committed by a current University member at the time they were a University member.
Reporting of Prohibited Conduct Directed at Employees or Third Parties
University employees must promptly contact the campus Title IX Coordinator when in the course of performing their employment duties they learn about any sexual assault, stalking, or relationship violence directed at University employees or third parties that may have:
- occurred on University property;
- occurred during a University employment or education program or activity;
- been directed at a current University employee at the time they were a University employee;
- been directed at a third party at the time they were engaged in any University activity or program or were otherwise interacting with the University, including, but not limited to, as volunteers, contractors, vendors, visitors, or guests;
- been committed by a current University member at the time they were a University member.
Supervisors and human resources representatives must report sexual harassment directed at University employees or third parties to the campus Title IX Coordinator.
Other University employees are encouraged to report sexual harassment directed at University employees or third parties to the campus Title IX Coordinator, or their supervisor or human resources representative. However, this reporting is not required under this policy.
Information that Must Be Reported to the Campus Title IX Office
University employees who learn about prohibited conduct are not required to solicit additional information about the prohibited conduct or the individuals involved. However, to the extent known to them, University employees who learn about prohibited conduct as set forth above must report the following information to the campus Title IX Coordinator:
- the names of the complainant(s), respondent(s), and possible witnesses;
- the date, time, and location of the alleged prohibited conduct; and
- other relevant details about the possible prohibited conduct.
Employees Who Are Exempt From These Reporting Requirements
The following University employees are exempt from the requirement to report prohibited conduct to the campus Title IX office:
- counselors, psychologists, and others with a professional license requiring confidentiality, and their supervisees, when they learn about prohibited conduct in the course of their professional responsibilities;
- health center employees when they learn about prohibited conduct in the course of treating patients or facilitating the provision of medical services, and other employees who are prohibited by HIPAA from fulfilling this reporting requirement;
- employees of the Student Conflict Resolution Center, Office for Conflict Resolution, and University ombuds offices when they are providing conflict resolution or ombuds services;
- advisors (as defined in this policy) when they learn about prohibited conduct: (1) that is directly related to the case in which they are serving as an advisor; (2) from the party who they are serving as an advisor to; and (3) in the course of their advising;
- members of University of Minnesota police departments when they are restricted by law from disclosing this information;
- researchers when they learn about prohibited conduct from a research participant in the course of a research project;
- student employees when they learn about prohibited conduct that does not involve a University member whom the student employee formally or informally supervises, advises, and/or instructs as part of their job duties; and
- victim-survivor advocacy office employees and volunteers when they learn about prohibited conduct in the course of their advocacy office work.
Additional Obligations For Supervisors and Human Resources Representatives
Supervisors and human resources representatives may learn about possible prohibited conduct in a variety of ways, including when:
- they observe or overhear prohibited conduct;
- they receive a report of prohibited conduct, even when an individual does not identify the concerns as “prohibited conduct;” and
- they receive any other information that prohibited conduct may have occurred, regardless of where the information comes from and even if the supervisor or human resources representative is unsure that any prohibited conduct actually occurred.
Supervisors and human resources representatives who learn about possible prohibited conduct have additional obligations. First, supervisors and human resources representatives who learn about possible prohibited conduct, including sexual harassment directed at employees, must promptly contact the campus Title IX office to report information about the possible prohibited conduct and to report any responsive action that has been taken.
Second, supervisors and human resources representatives who learn about possible prohibited conduct must take prompt and effective responsive action. In some cases, a supervisor’s or human resources representative’s obligation to take prompt and responsive action will be satisfied by notifying the campus Title IX office. In other cases, it will be appropriate for supervisors and human resources representatives to take additional responsive action after consulting with the campus Title IX office. The particular responsive actions that a supervisor or human resources representative should take will depend on the circumstances. Below is a list of examples of responsive actions that might be appropriate for a supervisor or human resources representative to take in certain cases:
- providing supportive measures to a complainant or respondent;
- making non-retaliatory employment changes that remove any continued impact on a complainant;
- conducting preliminary inquiries to determine whether others have reported possible prohibited conduct by a particular respondent;
- discussing the prohibited conduct concerns with the respondent and setting expectations for future conduct;
- providing coaching and training on acceptable workplace conduct; and
- monitoring to prevent the occurrence of future prohibited conduct.
In all cases, supervisors and human resources representatives must document the responsive actions taken and provide this information to the campus Title IX office.
For additional information about University employees’ obligation to report prohibited conduct, please see FAQ: Employees’ Obligation to Report Sexual Harassment, Sexual Assault, Stalking, and Relationship Violence to the Campus Title IX Office.