Questions:
- What are the reporting categories under the Prohibited Discrimination and Retaliation Policy?
- Are Designated Reporters required to include their names when submitting reports on someone else’s behalf?
- How can Graduate Employees navigate their dual roles as students and employees?
- How can Student Employees navigate their dual roles as students and employees?
- When are employees required to report child abuse?
- What if a student discloses abuse, harassment or violence by a person who is not a member of the campus community?
- What if an employee discloses abuse, harassment or violence by a person who is not a member of the campus community?
- Students have expressed fear that the university will initiate an investigation if I file a report on their behalf. What happens after a report is filed with OICRC?
- What support resources are available to those who have experienced harm?
- What if a report suggests that there is an ongoing threat of harm to a campus community member?
What are the reporting categories under the Prohibited Discrimination and Retaliation Policy?
There are three reporting categories under the policy, each comes with different requirements:
- Confidential Employees:
- Confidential Employees are required to explain (1) their status as a Confidential Employee, including the circumstances in which the employee is not required to notify the Chief Civil Rights Officer about conduct that reasonably may constitute discrimination; (2) how to contact the Chief Civil Rights Officer; (3) how to make a complaint of discrimination; and (4) that the Chief Civil Rights Officer may be able to offer and coordinate supportive measures, as well as initiate an informal resolution process or an investigation.
- If a confidential employee has both a confidential role and a non-confidential role on campus, they are only confidential when acting in their confidential role. For example, a faculty member who also provides therapy or counseling services is only confidential with respect to their therapy or counseling role. They are not confidential if they receive a disclosure from a student in their course or during course office hours.
- Designated Reporters:
- All employees other than Confidential Employees and Student Employees are Designated Reporters. Graduate Employees, Orientation Leaders, and Resident Assistants are Designated Reporters. Members of the Board of Trustees are also Designated Reporters.
- Designated Reporters are required to report all disclosures of all forms of prohibited discrimination, whether they concern sex/gender, race, disability, or any other protected status under university policy.
- Reports are to be made to the Office of Investigations and Civil Rights Compliance.
- Student Employees:
- Student Employees are required to ask the person making the disclosure whether they want to speak with a Confidential Advocate or report to the Office of Investigations and Civil Rights Compliance.
- Student Employees are required to confer with their supervisors about the disclosure without disclosing the name of the person who made the disclosure
Are Designated Reporters required to include their names when submitting reports on someone else’s behalf?
Yes. Designated Reporters are required to include their names when submitting reports. An OICRC team member may have follow-up questions related to responding to the report. Including your name in a report also ensures the university has a record that the Designated Reporter met their reporting obligation.
How can Graduate Employees navigate their dual roles as students and employees?
As employees, Graduate Employees are required to report disclosures they receive from students in their classes, students they are advising or otherwise supporting as part of their GE role, as well as students over whom they otherwise have supervisory or evaluative authority as part of their GE role.
How can Student Employees manage their roles as students and student workers?
Student Employees are required to report disclosures they receive while they are working. When Student Employees are not at work, they are considered non-employee students and do not have a reporting obligation.
When are employees required to report child abuse?
Consistent with Oregon law, all employees of higher education institutions in the state of Oregon are required to report disclosures of child abuse and neglect, regardless of whether the report is received while they are at work. To learn more about this obligation, please visit the Human Resources Mandatory Reporting webpage.
What if a student discloses abuse, harassment or violence by a person who is not a member of the campus community?
Employees are required to report –or not report– consistent with their reporting obligation as set forth above regardless of whether the person accused of harm is affiliated with the university. Harm is harm. The university provides the same support and resources to students who have experienced harm without regard to whether the person accused of harm is affiliated with the university. The university also supports employees whose work environment is impacted by off-campus harassment and violence.
What if an employee discloses abuse, harassment or violence by a person who is not a member of the campus community?
Employees who have experienced bias crimes or sex- or gender-based harassment or violence may be eligible for protected leave. Employee requests for protected leave under Paid Leave Oregon should be submitted using OICRC’s reporting form where an employee has experienced domestic violence, harassment, sexual assault, stalking or a bias crime, or if an employee’s minor child or dependent has experienced domestic violence, harassment, sexual assault, stalking or a bias crime. Leave for these reasons under Paid Leave Oregon is referred to as "SAFE Leave." With respect to bias, a bias incident that is not also a crime is not eligible for SAFE Leave.
Students have expressed fear that the university will initiate an investigation if I file a report on their behalf. What happens after a report is filed with OICRC?
The university respects students’ autonomy. When a report is received by OICRC, an OICRC team member will contact the student who experienced harm to offer information, resources, and options. The first step in a formal investigation is meeting with a student to gather information about their experience. A formal investigation will not be initiated without a student’s knowledge, and information about what happened will not be disclosed to their professors, parents, or guardians. In addition to outreach from OICRC, students who have experienced sex- or gender-based violence will also be contacted by a Confidential Advocate.
What support resources are available to those who have experienced harm?
Both OICRC and Confidential Advocates can facilitate supportive measures for students, regardless of whether a student elects to participate in a formal process and without regard to whether the person who caused harm is affiliated with the university. OICRC will work with Employee and Labor Relations to facilitate supportive measures for employees, including Graduate Employees and Student Employees where workplace misconduct is alleged. Supportive measures will be tailored to an individual’s needs and may include academic supportive measures (extended deadlines, rescheduling exams/quizzes, withdrawals), a No Contact Directive, financial, housing or transportation assistance, counseling services, and assistance with alternate work arrangements, among others. Students are not required to participate in a formal process to receive supportive measures. Students also have the option of contacting the Confidential Advocate from the University's Care and Advocacy Program (CAP) for helo with supoortive measures. Students who have experienced sex- or gender-based harassment, violence, or stalking also have access to 24/7 confidential support via the SAFE website. Students and employees are welcome to contact oicrc@uoregon.edu with questions and to discuss options for addressing concerns and supportive measures.
What if a report suggests that there is an ongoing threat of harm to a campus community member?
Where OICRC receives information that a campus community member is facing an ongoing risk of harm. OICRC will work with the impacted person and relevant campus partners, as appropriate, to respond to the safety concern, including the Dean of Students Office, the Care and Advocacy Program, Employee and Labor Relations, the Provost’s Office, BETA, and UOPD to assess the threat level and take appropriate steps to ensure the safety of the impacted person and the campus community.