Reporting Obligations for Responsible Campus Partners
With very limited exceptions (see "Exceptions to the Reporting Obligations" below), all Loyola faculty and staff employees must report any known, disclosed, alleged, or otherwise reported (formally or informally) incident of sexual misconduct that satisfies any of the following criteria:
- Sexual misconduct against any individual who is currently a minor by any individual
- Sexual misconduct against an individual who is or was a student at the time of the incident
- Sexual misconduct by an individual who is or was a student or employee (faculty or staff) at the time of the incident
Faculty and staff employees and others with such a duty are referred to as “responsible campus partners,” and are to report such incidents within 24 hours of becoming aware of the incident. In order not to betray the trust of any student or other affected party, responsible campus partners should be forthright and transparent about this obligation at all times.
Reporters and/or affected parties may therefore want to consider carefully whether they share personally identifiable details with responsible campus partners, as responsible campus partners must promptly share all details of such reports they receive – including the identities of all known parties – with the Office for Equity & Compliance ("OEC"), preferably via the online reporting form (powered by Maxient™) available at www.luc.edu/equity.
Failure of a responsible campus partner, as described in this section, to report an incident of sexual misconduct of which they are aware is a violation of the Comprehensive Policy and may subject the responsible campus partner to disciplinary action. Note that this obligation is for reports and disclosures of sexual misconduct only, and does not apply to reports of discrimination or retaliation – although faculty and staff employees are strongly encouraged to report such incidents as well to ensure that appropriate resources and support may be provided to affected parties.
Importance of Reporting
This video, provided by United Educators, underscores the importance of reporting allegations to University officials (the Office for Equity & Compliance, at Loyola) to ensure that appropriate steps can be taken to ensure a safe, inclusive environment for our entire University community.
Resources for Faculty and Staff
All responsible campus partners are encouraged to be transparent about their reporting obligations at all times, and especially if approached by a student who asks to speak to you privately or confidentially about any personal matter. Additionally, faculty in particular are encouraged to note this obligation in their course syllabi. Sample syllabus language and other resources to support faculty and staff in responding appropriately to student disclosures of sexual misconduct are available here.
Exceptions to the Obligation to Report
At Loyola, students wishing to speak to a member of the University about an experience of sexual misconduct without initiating an OEC report should contact the Sexual Assault Advocates (“Advocates”) of the Wellness Center. Advocates are the only University staff who are designated as “confidential advisors” under Illinois’ Preventing Sexual Violence in Higher Education Act (110 ILCS 155, Section 20), and as such, Advocates can help students access available supports and resources in the University and/or in the local community without triggering a duty to have the matter reported to the OEC. Advocates can be contacted free of charge through the Advocacy Services at the Wellness Center or by calling the Advocacy Hotline at 773-494-3810 during the extended business hours posted online.
In addition, the following categories of employee are also exempt from the reporting obligations of responsible campus partners in certain circumstances, only when the employee is acting in the professional capacity indicated, and subject to the limitations below:
- Licensed professional counselors and staff
- Health service providers and staff
- Catholic priests (only when offering the Sacrament of Reconciliation/“confession”) and other pastoral counselors. “Pastoral counselor” here refers to a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor.
Students and employees seeking confidential services off-campus, may also want to consult with local community resources, such as:
- Licensed professional counselors
- Local rape crisis counselors, such as Resilience (888-293-2080) in Chicagoland
- Some local or state assistance agencies
- Perspectives, Loyola’s Employee Assistance Program (for employees and some graduate students)
It should be noted that even the above-listed individuals may have an obligation to report matters to the University, law enforcement, or others, in cases where either (a) the failure to disclose would result in a clear, imminent risk of serious physical injury to or death of any person, (b) the matter involved the alleged abuse of a minor, or (c) disclosure is otherwise required by law. Additionally, these individuals may still be required to submit anonymous statistical information to the OEC for Clery Act purposes unless they believe it would be harmful to their client, patient, or parishioner.
Safe Haven Programs
Programming around sexual assault and harassment, intimate partner and/or domestic violence, and stalking is an important educational tool. At times, it may be appropriate or reasonable to expect that students would disclose personal experiences with these topics during these programs. “Safe Haven” events are events where, even if one or more responsible campus partners are present, would not trigger an obligation to report the disclosure to the OEC. Several elements must be in place before an event can be designated as a Safe Haven event. These requirements include:
- Advertisements that label the program as a Safe Haven event
- A trained Advocate must be present for the entirety of the program
- Resources about reporting must be made available
When planning to host or facilitate a Safe Haven event (or any educational program about sexual misconduct), planners are encouraged to reach out to the Wellness Center for information about best practices. To request a trained Advocate to be present at a proposed event, please also contact the Advocacy Coordinator in the Wellness Center.