Posts tagged as “mandatory reporting”

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…

The Senate webpage with the policy proposal and amendments is here. The Senate blog is here – many interesting comments. Some History of the Responsible Employee policy, from the GCO: Prior to February 2016, UO Policy, set forth in Oregon Administrative Rule 571.003 governing Grievances, required all UO employees to report instances…

My previous post supporting the policy is here. I’ve also posted the comment below on the Senate blog (which requires a UO ID for login) here. The comment:

I thank Carol and the GSBV for their work on this policy. I think the balance between allowing faculty to confidentially advise their students, while making sure that perpetrators are reported and appropriately dealt with is difficult and uncertain. Given that, and my confidence in the committee’s judgement, I think the proposed requirement that all faculty should be mandatory reporters should be taken seriously

With that in mind I discussed the proposal with other faculty, and out of those discussions I started wondering about how it would apply to faculty who might give advice to colleagues who were being subject to sexual harassment by other faculty. I asked GC Kevin Reed about a generic example, and I’ve put that and his response below.

The gist is that this proposed policy treats faculty victims very differently than students. While students have a variety of confidential reporting options, the policy would require faculty to report the details of such harassment of faculty to Penny Daugherty’s AAEO office, regardless of whether or not the Ombuds office or other confidential resources had been consulted. I think this would prevent many helpful conversations between faculty colleagues. On the other hand it might inhibit serial perpetrators.

I’m not sure yet how this changes my opinion on the policy as a whole. I hope people will read the exchange below and use it to inform their own views.

Question to GC Kevin Reed:

The UO Board paid him $940K to leave, so let’s get our money’s worth.

The UO Senate spent a fair amount amount of time at its 4/20/2016 meeting discussing the proposed Responsible Reporting Policy for sexual assaults and sexual and racial harassment, brought to the Senate by its Committee on Sexual and Gender-Based Violence, chaired by Carol Stabile (Journalism). The committee minutes show that this proposal was thoroughly discussed, and carefully crafted.

This is the policy formerly known as Mandatory Reporting. The proposal is here. The gist is that faculty and most other UO employees must tell the UO administration whenever a student tells them about sexual and racial harassment and sexual violence:

Responsible Employees [i.e. faculty, OAs, staff and some others, with exceptions for crisis counselors etc.] who receive Credible Evidence of Prohibited Discrimination, Harassment or Sexual Harassment are required to promptly report that information as follows:

A. If the Credible Evidence relates to Sex Discrimination [which includes sexual assault] of a Student, Responsible Employees should report any information received to the Title IX Coordinator or to the Office of Crisis Intervention and Sexual Violence Support Services. …

The Senate’s involvement came out of one of the many failures of Mike Gottfredson’s administration that were revealed after sports reporters foiled his administration’s attempts to keep the basketball rape allegations quite. Gottfredson had sent the university community a letter announcing that we were all mandatory reporters, and that AAEO had set up a silly web-based training on what this meant. But Gottfredson and his leadership team failed to follow through with an actual university policy – 4 years after the DoE’s Office of Civil Rights recommended one to VPFA Robin Holmes’s office.

The Senate stepped into the gap and put the Committee on GSBV on the job, with input from new GC Kevin Reed and some other new Schill hires. This policy is the result. Not everyone agrees with the idea that the definition of mandatory reporters should be this broad. (See below for Jennifer Freyd’s arguments against.) On the one hand students might be reluctant to talk to faculty if they know their names and the details will be reported to the administration and the perpetrator might learn that they’d talked, if their report results in action. On the other hand the policy cuts our famously incompetent AAEO director Penny Daugherty out of sexual assault matters, and mandatory reporting gives Schill’s new Title IX Coordinator specific information about serial perpetrators. Knowing this might make students more likely to report. I’m sure there are other arguments on both sides as well.

I’m no expert on this, but given all the uncertainty I think the CGSBV proposal falls well within the 95% confidence interval around the optimal policy, whatever that is, and it is certainly an improvement over the current Gottfredson non-policy policy.

But dissent and diversity of thought generally make things better, and as the video of Stabile’s presentation and the ensuing productive discussion shows, the UO Senate is the place for both. (Or, if you’re the administrator in the lower right corner, a good place to catch up on your sleep.)

The policy will likely have some revisions after this meeting, and come back for a vote at the May 5 meeting, or early this fall. Video of the Senate discussion here:

4/25/2015: Prof. Jennifer Freyd objects to mandatory reporting rules for sexual assaults.