Legal Affairs Policies

This policy 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 this policy that defines all faculty and professional staff as mandated reporters.

Responsibilities of Mandated Reporters:

1. If an individual learns about sexual harassment, discrimination, dating violence, domestic violence, stalking or sexual assault involving a student, the individual should promptly contact the Title IX Coordinator at (717) 358-7178.

When the Title IX Coordinator is notified, he/she will take responsibility for prompt notification to the Department of Public Safety and other appropriate College officials. The 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. The Sexual Misconduct Report Form may be completed and forwarded to the Title IX Coordinator as well.

2. Other serious crimes covered by the Clery Act should always be reported directly to the Department of Public Safety, (717) 358-3939.

When reporting sexual harassment or discrimination or sexual assault, the mandated reporter must report all information including the name of the victim, alleged perpetrator and any witnesses within 24 hours. This report should be sent to the Title IX Coordinator, 1st floor, College Square, or mandated reporters may phone the Coordinator at 717-358-7178. Reports should not be sent online. Reporters may find the Mandated Reporting Form at the link found above . 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 serious crimes including murder, negligent manslaughter, aggravated assault, arson, robbery, burglary, sex offenses, hate crimes, arrest and/or disciplinary referrals for liquor law or drug violations, illegal weapon possession, and motor vehicle theft. Employees are expected to report crimes covered by Clery to the Department of Public Safety without delay. The exception is reports of sexual misconduct which should be made directly to the Title IX Coordinator unless there is imminent danger to the victim or others.

In some cases, the Department of Public Safety may be required to release a timely warning to the community about a threat. In some cases, an initial investigation or determination of the nature of the threat may be conducted, after which an emergency notification will be issued immediately.

Additional information for mandated reporters is available on the Title IX webpage.

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Policy Maintained by: Human Resources, Associate Vice President
Last Reviewed: November 14, 2018