Franklin & Marshall College has outlined a set of policies and procedures for "mandated reporters" to report incidents of sexual misconduct. The College has defined all employees, both faculty and professional staff, as mandated reporters in the context of three federal laws that establish responsibilities for employees of colleges to report certain categories of crimes and incidents, especially sexual misconduct. It is the responsibilities established by the Clery Act, Title VII and Title IX that give rise to the term “mandated reporter" or "mandatory reporter" and the policies outlined here:
Members of the faculty and professional staff who witness or become aware of possible sexual harassment or misconduct involving a student perpetrated by another student, a member of the College's faculty or professional staff, contracted employees or another individual affiliated with the College should promptly contact (without contacting ANY other individual, including any supervisor, academic chair or administrative department head):
The Sexual Misconduct Reporting Form may be used to submit an online report. All submissions are forwarded to the Title IX Coordinator.
The Title IX Coordinator is responsible for informing the Department of Public Safety about the report.
When an employee thinks that a student may be about to report an act of sexual harassment, discrimination or assault, the employee should, if possible: tell the student that the College will maintain the privacy of the information, but also explain that the employee cannot maintain complete confidentiality; tell the student that the employee is required to report the act to the Title IX Coordinator; and tell the student that the employee may be required to reveal the names of the parties involved. If the student wishes to proceed, the employee should inform the student that sharing the names of the parties involved puts the College on notice and may require the College to ask for additional information.
The Sexual Assault Response Team is also available to provide guidance on how to handle a situation to faculty and professional staff at any time.
Under the Clery Act, College employees (except counselors, clergy and health service providers) are mandated reporters for a broader array of serious crimes.
Members of the faculty and professional staff, including supervisors, managers and department chairs, who believe they have experienced sexual harassment in violation of this policy, who believe another member of the faculty or professional staff has experienced sexual harassment, or who witness workplace harassment, are required, per this policy and federal regulations, to promptly notify one of the following individuals:
In all cases, the College’s Title IX Coordinator will be informed of the complaint.
No retaliation will be taken or permitted against an employee or student who makes a good-faith report of harassment, or toward anyone who cooperates in the investigation of the complaint. Allegations of retaliation should be reported to the same individuals (outlined above) to whom reports of sexual harassment and sexual violence are made.