Mandatory Reporting Policy
Mandatory Reporting Policy
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Purpose
This document outlines the University’s policy regarding mandated reporting of suspected discrimination, including harassment, based on membership in a protected class. This policy is in place to make the University community aware of one’s mandatory duty to report possible discrimination and the process for doing so. Sexual harassment is a type of sex discrimination that includes sexual assault, dating violence, domestic violence, and stalking.
Scope
This policy applies to the entire University of Dayton community including faculty, staff, students, volunteers, and contractors.
Policy History
I. Effective Date: January 1, 2013
II. Approval: February 9, 2023
III. Policy History:
- Effective in original form: January 1, 2013
- Approved as amended: December 10, 2013
- Approved as amended: October 27, 2014
- Approved as amended: May 5, 2015
- Approved as amended: August 19, 2015
- Approved as amended: August 9, 2017
- Approved as amended: August 28, 2020
- Approved as amended: July 11, 2022
- Approved as amended: February 9, 2023
IV. Maintenance of Policy: Executive Director for Equity Compliance and Title IX / 504 Coordinator, Division of Audit, Risk and Compliance
Definitions
For purposes of this policy, the following definitions apply:
“Discriminatory Harassment” is defined as unwelcome conduct that is based on an individual’s actual or perceived membership in a protected class. Harassing conduct may take various forms, including, name-calling, graphic or written statements (including the use of electronic means), or other conduct that may be physically threatening, harmful, or humiliating.
“Executive Director for Equity Compliance” is the individual responsible for tracking and overseeing reports and complaints of discrimination and harassment and also serves as the University’s Title IX/Section 504 Coordinator.
“Protected class” means age, race, color, creed, religion, ancestry, national or ethnic origin, sex/gender, gender identity, gender expression, sexual orientation, disability, genetic information, military status, veteran status, familial status or any other protected category under applicable local, state or federal law, ordinance or regulation.
"Mandatory Reporter" is any employee who has been given a duty of reporting incidents of suspected discrimination or harassment to the Executive Director for Equity Compliance or designee.
Policy
Applicable Laws
There are three federal laws that establish responsibilities for employees of universities to report certain types of crimes and incidents, including, but not limited to, 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 of the University community, visitors and guests from criminal and discriminatory behavior. The responsibilities established by these laws give rise to the term “mandatory reporter.”
Your Duty
To make it easier to know what you need to do, the University has adopted a policy that defines ALL EMPLOYEES as mandatory reporters EXCEPT doctors, licensed mental health professionals, and ordained members of the clergy acting in that capacity. As a mandatory reporter, if you become aware of possible discrimination or harassment, you MUST promptly inform the University within one (1) business day by contacting the Executive Director for Equity Compliance or one the deputy coordinators listed in the table that follows. Reporting is required regardless of whether the discrimination involves students, faculty, staff, or visitors to the University. Fulfilling the duty to report does not entitle the reporter to receive a notice of outcome unless the reporter is the alleged victim or respondent.
Reporting Guidelines
How to Report: Reporting Title IX (Sex/Gender) based misconduct or other Protected Class misconduct
As defined above, any employee with a duty to report incidents to the Executive Director for Equity Compliance is considered a mandatory reporter. When reporting misconduct (including claims of sexual harassment, sexual assault, dating violence, domestic violence, and stalking, as defined above, as well as sex/gender discrimination or sexual orientation discrimination), mandatory reporters must provide full details of the incident, if known, including names of the victim(s), alleged perpetrator(s), witnesses and any other relevant facts that were shared, including the date, time and specific location of the incident (if known). If an individual requests confidentiality or requests that no further action be taken, please include this request with the information shared with the Executive Director for Equity Compliance or Deputy Title IX Coordinator at the time you report the incident.
Mandatory reporters may be able to initially withhold personally identifiable information (the name of the victim, the name of the accused individual, and other identifying details about witnesses, location, etc.), in cases where the alleged victim is hesitant to have a formal report made. Such consultation can be discussed with the Executive Director for Equity Compliance. Your initial report should include the nature, date, time and general location of the incident. Subsequently, campus officials may need additional information from you. Your job is to cooperate fully with campus officials, providing any information/details requested.
Speaking with Victims/Witnesses
In speaking with a victim or witness, you SHOULD NOT promise confidentiality. Faculty and staff members do not have a special privilege or ability to maintain the confidentiality of reports shared with them. If someone begins to discuss an incident of harassment or discrimination, you might want to say something like the following:
I appreciate your willingness to share this information with me. Please know that I am here to help in any way that I can. If you would like to seek assistance from the University, I will help you connect with [the appropriate Designated Reporting Office], so that it can advise of rights and resources related to this matter. It is important that you understand that while your privacy is important, I cannot promise to keep what you share confidential. If you are still comfortable speaking with me, I am here to listen. If not, please let me help you connect with one of the University’s confidential resources [Health Center (9-3131)/Counseling Center (9-3141)/Campus Ministry (9-3339) or for employees EAP (888-267-8126)]. Above all, please know that the University takes this matter seriously and wants to help.
Designated Reporting Offices
All Complaints and Complaints Against Visitors
Maureen Anderson, JD, LLM (All reports, including regarding visitors)
Executive Director for Equity Compliance
Title IX Coordinator
University of Dayton
Marianist Hall, Suite 240
300 College Park
Dayton, OH 45469-0701
937-229-3622
manderson1@udayton.edu
Spencer Izor, JD, MEd
Associate Director of Investigations/Deputy Title IX Coordinator
University of Dayton
Marianist Hall, Suite 240
300 College Park
Dayton, OH 45469-0701
937-229-3622
sizor2@udayton.edu
Amanda Neuhauser
Associate Director of Education & Informal Resolution/Deputy Title IX Coordinator
University of Dayton
Marianist Hall, Suite 240
300 College Park
Dayton, OH 45469-0701
937-229-3622
aneuhauser1@udayton.edu
Complaints Against Students
Christine Schramm, Deputy Title IX Coordinator,
Associate Vice President for Student Development & Dean of Students
University of Dayton
Gosiger Hall, Room 202
300 College Park
Dayton, OH 45469-0965
937-229-1212
cschramm1@udayton.edu
Complaints Against Faculty
Carolyn Phelps, Ph.D., Deputy Title IX Coordinator,
Associate Provost for Faculty and Administrative Affairs
University of Dayton
St. Mary's Hall, Room 212
300 College Park
Dayton, OH 45469-1634
937-229-2245
cphelps1@udayton.edu
Complaints Against Staff
Jennifer Duwel, Deputy Title IX Coordinator,
Director of Employee and Labor Relations
University of Dayton
St. Mary’s Hall, Room 315
300 College Park
Dayton, OH 45469-1614
937-229-2722
jduwel1@udayton.edu
Complaints About Gender Equity in UD Athletics
Angie Petrovic, Deputy Title IX Coordinator,
Director of Compliance, Department of Athletics
University of Dayton
Frericks Convocation Center, Room 108
300 College Park
Dayton, OH 45469-1230
937-229-1285
apetrovic1@udayton.edu
Matters Involving Equity in the School
of Law
Shannon Penn, Deputy Title IX Coordinator
Registrar
University of Dayton School of Law
203 Keller Hall
Dayton, OH 45469-2772
spenn1@udayton.edu
Special Note:
If you have a complaint relating to gender equity in athletics or against a student, a staff member, or a faculty member and for any reason feel uncomfortable about initiating a complaint with the designated Deputy Coordinator, please feel free to contact the Equity Compliance Office directly at (937) 229-3622 or equitycompliance@udayton.edu.
Equity Compliance Office Contact Information:
Maureen Anderson, JD, LLM (All reports, including regarding visitors)
Executive Director for Equity Compliance
Title IX Coordinator
University of Dayton
Marianist Hall, Suite 240
300 College Park
Dayton, OH 45469-0701
937-229-3622
manderson1@udayton.edu