Policy on Mandatory Reporting Requirements for Sexual Harassment and Sexual Misconduct

Except for employees designated as “confidential,” all non-student employees and Residential Life student staff are designated as responsible employees and are required to report sexual harassment, including all forms of sexual misconduct, to the Title IX Coordinator.  Sexual misconduct includes: sexual harassment, sexual assault (including rape, non-consensual sodomy, sexual assault with an object, fondling, incest, and statutory rape), intimate partner violence (including dating violence and domestic violence), stalking, sexual exploitation, and retaliation. Employees designated as “confidential” include: all staff in Counseling Services, all staff in Health Services, full-time Athletic Trainers, and the University Chaplain. 

Reports must be submitted to the Title IX Coordinator via phone, email, in person, or online:

         Dr. Michaela Postell
         Title IX Coordinator | Director of Title IX Compliance
         One Trinity Place
         Northrup Hall 210J
          210-999-7835
          mpostell@trinity.edu | eos@trinity.edu 

As provided below, Texas law imposes specific reporting requirements and consequences for failure to report, including for individuals designated as “confidential.”  In addition, employees who are Campus Security Authorities, as defined in the Clery Act, also have the obligation to report crime to Trinity University Police Department.  Additional information is available at: https://www.trinity.edu/directory/departments-programs/university-police/crime-data/campus-security-authorities.
 

All staff  Reporting Obligations
Texas law requires Trinity University employees to promptly report information to the Title IX Coordinator when the employee:

1. Witnesses or receives information in the course and scope of employment;
2. About the occurrence of an incident that the employee reasonably believes is sexual harassment, sexual assault, dating violence, or stalking; and
3. When the incident was committed by or against someone who was a Trinity University student or employee at the time of the incident.

Employees designated as “confidential” (all staff in Counseling Services, all staff in Health Services, full-time Athletic Trainers, and all staff in the University Chaplain's office) are required to report only the type of incident to the Title IX Coordinator.  All other employees must make a report to the Title IX Coordinator that includes all information concerning the incident known to the reporting person that is relevant to the investigation and, if applicable, the desired action or outcome relating to the incident, including whether an alleged victim has expressed a desire for confidentiality in reporting the incident.

Notwithstanding the foregoing, employees who receive information regarding an incident under circumstances that render the employee’s communications confidential or privileged by law are required to report only the type of incident to the Title IX Coordinator.

Retaliation Prohibition

The University may not discipline or otherwise discriminate against an employee who in good faith makes a report as required by this policy or who cooperates with an investigation, a disciplinary process, or a judicial proceeding relating to a report made by the employee as required by this policy.

This prohibition against retaliation does not apply to an employee who reports an incident described by this policy perpetrated by the employee; or cooperates with an investigation, a disciplinary process, or a judicial proceeding relating to an allegation that the employee perpetrated an incident described by this policy.

Immunities
         
A person acting in good faith who reports or assists in the investigation of a report of an incident described by this policy or who testifies or otherwise participates in a disciplinary process or judicial proceeding arising from a report of such an incident:

1. Is immune from civil liability, and from criminal liability for offenses punishable by fine only, that might otherwise be incurred or imposed as a result of those actions; and
2. May not be subjected to any disciplinary action by the University where the person is enrolled or employed for any violation by the person of the institution's code of conduct reasonably related to the incident (e.g., relating to use of alcohol or drugs) unless the violation is one for which suspension or expulsion from the institution is a possible punishment.

 These immunities do not apply to a person who perpetrates or assists in the perpetration of the incident reported under this policy.

Confidentiality

Unless waived in writing by the alleged victim, the identity of an alleged victim of an incident reported under this policy is confidential and may be disclosed only to:

1. Persons employed by or under contract with the University who are necessary to conduct an investigation of the report or any related hearings;
2. A law enforcement officer as necessary to conduct a criminal investigation of the report;
3. The person or persons alleged to have perpetrated the incident, to the extent required by other law; or
4. Potential witnesses to the incident as necessary to conduct an investigation of the report.

The University is required to issue reports containing information about reports made under this policy, in accordance with the law, but those reports will not identify any person.