for faculty, professional staff, and contracted service providers
This document is intended to outline the College’s policy regarding “mandated reporters.” It explains briefly the meaning and purpose of mandated reporters, outlines the legal context, and articulates a straightforward set of guidelines for employees to follow.
There are three federal laws that establish responsibilities for employees of colleges to report certain types of crimes and incidents, especially sexual misconduct---the Clery Act, Title VII and Title IX. Each of these areas of federal law has a different purpose, but generally the laws are intended to protect members, especially students on college campuses, from criminal and discriminatory behavior. The responsibilities established by these laws give rise to the term “mandatory or mandated reporter.”
Franklin & Marshall College has adopted a policy that defines all faculty and professional staff as mandated reporters.
Additionally, all contracted service partners, including staff of Sodexo, Aramark, and Barnes & Noble, are mandated reporters when working on the Franklin & Marshall campus.
1. If an individual learns about sexual harassment, discrimination, or sexual assault involving a student, the individual should promptly contact one of the following:
When either the Title IX Coordinator or the Deputy Title IX Coordinator is notified, he or she will take responsibility for prompt notification to the Department of Public Safety and other appropriate College officials.
2. Other serious crimes covered by the Clery Act (defined on the Mandated Reporters Resources website) should always be reported directly to the Department of Public Safety, (717) 291-3939.
When reporting sexual harassment or discrimination or sexual assault, a College employee may initially be able to exclude personally identifiable information (the name of the victim, the name of the accused individual, and other identifying details about witnesses, location, etc.). The Deputy Title IX Coordinator will guide employees with regard to how much detail is needed in an initial report. Subsequent to an initial report, campus officials may need additional information in order to fulfill the College’s obligations under Title IX. In taking these subsequent actions, the College will always be guided by the goals of empowering the victim and allowing the victim to retain as much control over the process as possible, but no employee (other than counselors, health care providers and clergy) can or should promise confidentiality. Counselors, health service providers and clergy are voluntary reporters, not mandated, but are strongly encouraged to report non-personally identifiable information.
The Clery Act requires reporting of 15 serious crimes, including sexual assault. Sexual harassment and discrimination are not covered by the Clery Act, but reporting of such incidents is required under Title IX. Employees are expected to report crimes covered by Clery to the Department of Public Safety without delay. Employees may choose but are not required to provide personally identifiable information (the name of the victim, the name of the accused individual, and other identifying details about witnesses, specific location, etc.) unless a clear threat to health or safety is present, as determined by Threat Assessment Team.
The Clery Act does not establish an obligation for Public Safety to conduct an investigation of the reported crime, only to report the crime as a statistic following Clery guidelines. In some cases, the Department of Public Safety may also be required to release a timely warning to the community about a threat to the community. In such cases, an initial investigation or determination of the nature of the threat may be conducted, after which a warning will be issued immediately.
The Mandated Reporters Resources website provides the additional information, including the legal context, guidelines and reporting procedures for employees of Franklin & Marshall College.
Policy Maintained by: Human Resources, Director
Last Reviewed: August 12, 2014