Check her website here for updates, page down for the current links. Among many other resources she provides a link to the recently updated University of Michigan policy, which explicitly excludes faculty from the list of “Responsible Employees”, thereby allowing them to talk to students and employees about sexual and racial harassment without being required to report the details to the university administration. The executive summary of the UM policy explains:
The development of the policy was a comprehensive and collaborative effort that included a rigorous and iterative drafting process with broad input from students, faculty and staff across the university, including those who work in this area. It also includes guidance from national experts outside the university and at other universities.
The policy balances important principles of autonomy and agency for the claimant; 1 due process rights and considerations; and the university’s responsibility to maintain a safe, nondiscriminatory environment free from sexual and gender-based harassment and other forms of interpersonal violence.
During the UO Senate debates we were told the OCR was opposed to exempting faculty from mandatory faculty. But the UM document notes that their policy was was shared with the DoE OCR before being finalized:
APPENDIX A – POLICY DEVELOPMENT PROCESS A proposed draft policy, titled The University of Michigan Policy on Student Sexual Misconduct Including Intimate Partner Violence and Stalking in the Context of Intimate Relationships (the Draft Policy), was shared with all students, faculty, and staff Oct. 1, 2015, with an invitation to review the policy and provide feedback by Nov. 6, 2015. The university received feedback from more than 325 individuals. The draft policy was also shared with OCR in October 2015.
The relevant language from the new UM policy is here:
C. REPORTING BY UNIVERSITY EMPLOYEES
1. Responsible Employees and Other Individuals
Responsible Employees must immediately report any information they know about
suspected Prohibited Conduct to the Office for Institutional Equity or the Title IX
Coordinator. Responsible Employees may include non-employees in addition to
employees. Failure by a Responsible Employee to timely report a suspected Prohibited
Conduct may subject them to appropriate discipline, up to and including removal from
their position. Responsible Employees may report to the Title IX Coordinator through
any of the reporting options previously noted in Section VI(B).
The following individuals are Responsible Employees and Other Individuals:
• Executive officers (including those serving in the role of Associate or
Assistant Vice President/Provost, as designated by the executive officer);
• Deans, directors, department heads/chairs (including those serving in
assistant or associate roles);
• Graduate and undergraduate chairs;
• Supervisors who have hiring or firing power over at least three employees
who are not student or post-doc employees;
• Any individuals, whether employees or not, who serve as advisors to or
coaches of University-recognized student group
Faculty and staff who do not meet any of these criteria are not considered Responsible Employees and Other Individuals. Individuals who are Confidential Resources are not Responsible Employees. Any questions regarding who is a Responsible Employee should be directed to the Office of the General Counsel at (734)764-0304 or the Office for Institutional Equity at (734)763-0235 2.
2. All Other Employees
Reporting is an important tool to address Prohibited Conduct. Thus, while all other employees who are not designated as Confidential Resources should safeguard an individual’s privacy, they are also strongly encouraged to share any information about such conduct with the Office for Institutional Equity, the Title IX Coordinator, or a member of the Dean of Students Office.
Freyd website as of 5/22/2016:
Ethical and Practical Problems with Required Reporting of Sexual Violence on College Campuses
A Compilation of Articles and Resources
Compiled by Jennifer J Freyd
Disclosure: I have an opinion on this issue — I’m opposed to so-called required reporting on ethical grounds: I consider it a violation of basic human rights to privacy and autonomy; I believe removing autonomy is harmful to survivors based on what we know from social science research; and I believe the policy is fundamentally counter to academic freedom, learning, and equal access to education (and is thus a civil rights violation). I’m also opposed on practical grounds: I believe required reporting will chill reporting on campus and, in the meantime, there are good approaches available to encouraging voluntary — and instiutionally accountable — reporting.
This Site is Under Construction
Professors Are Being Forced To Reveal Sexual Assault Confidences, Like It Or Not by Tyler Kingkade, The Huffington Post, 10 May 2016.
Endangering a Trust by Colleen Flaherty, Inside Higher Ed, 4 February 2015
Faculty Commentary Opposing Required Reporting:
The Problem with “Required Reporting” Rules for Sexual Violence on Campus by Jennifer Freyd, Huffington Post Blog, 25 April 2016.
Ohio University faculty members want mandatory reporter rule reevaluated by Miriam Shadis and Patricia Stokes (and many signers), The Post, 22 October 2015
The Chilling Effect of Mandatory Reporting of Sexual Assault by Michele Moody-Adams, The Chronicle of Higher Education, 11 March 2015
Trust me…no never mind by Denice Labertew, California Coalition Against Sexual Assault Blog, 5 February 2015
Student and Survivor Voices Opposing Required Reporting:
Anonymous Open Letter to the UO Senate from a Graduate Student blog post 26 April 2016
Survivor Survey on Mandatory Reporting by End Sexual Violence
Statement regarding UO Responsible Employee Duty to report sexual harassment and sexual assault policy by UO Organization Against Sexual Assault
Some Universities with Policies that Do NOT Require All Faculty to be Required Reporters
Scholarly and Scientific Research Relevant to Required Reporting
- The Callisto Project – software to help students voluntarily report
- Jessica Ladd’s TED talk about helping students voluntarily report
- ARC3: What you need to know about sexual assault disclosure and reporting
- Our Research on Teaching People How to be Better Listeners to Disclosures
- Our Publications on Trauma and Betrayal
- Institutional Betrayal