For Faculty and Staff
Luther College employees are expected to report actual or suspected sexual harassment to appropriate officials immediately by making a “Required Referral” to the Title IX office.
What is a “Required Referral”?
Required Referrals help ensure the college keeps the campus safe by allowing the Title IX Office to identify patterns of behavior by individuals in our community and/or other concerning behavior that needs to be addressed and remedied. Disclosing to the Title IX Coordinator the names and details of those involved in an incident allows the College to share all the options in greater detail tailored to the individual needs of the Complainant.
What if the victim doesn’t want their name shared with the Title IX office?
At the request of a Complainant, a report may be given by a non-confidential employee to the Title IX Coordinator anonymously, without identification of the parties. The employee making the Required Referral may not remain anonymous themselves. The employee must consult with the Title IX Coordinator on that assessment without revealing personally identifiable information. In situations where Title IX Coordinator believes that a compelling threat to health or safety could exist, the Required Referral employee must reveal the names of the parties. The employee providing the Required Referral must provide an electronic copy of a Complainant Packet (provided by the Title IX Coordinator) to the anonymous Complainant to share supportive measures, resources, and options as guided by the Title IX Coordinator.
If the employee is uncomfortable or unwilling to provide that service then the employee must ensure that students or employees who experience sexual harassment are put in contact with the people best equipped to help them, such as the Title IX Coordinator, by disclosing the name of the parties. Anonymous notice will be investigated by the College to the extent possible, both to assess the underlying allegation(s) and to determine if supportive measures or remedies can be provided. However, anonymous notice typically limits the College’s ability to investigate, respond, and provide remedies, depending on what information is shared.
What about if a Complainant discloses in a classroom writing assignment or discussion, anonymous social media post that is identifiable to me, or an event such as “Take Back the Night”?
Generally, disclosures in those settings do not require a referral to the Title IX office unless directly indicated by the Complainant.
Does Luther notify parents, faculty, staff, advisors, coaches, or directors when a Complainant reports a Title IX incident to the College?
No, as a College, it is our philosophy that student record management is consistent with FERPA guidelines, so we treat the student as the person who is primarily privileged to authorize the release of their student record information. Consistent with FERPA, there are certain circumstances (see below) when with or without consent of the student the College may connect with parents or guardians. In most cases, the college will only share information when the student has signed a release form specifying circumstances related to Title IX be shared. Circumstances under FERPA in which a situation may be disclosed with or without consent:
- Threat to the safety of self or others, or
- Significant concern for health requiring further medical evaluation
What else should I know if a Complainant discloses to me?
If possible, and if recognizable, tell the student before they disclose you MUST consult with the Title IX office to ensure safety but in most cases you do not have to release their name. Share confidential resources 1. Counseling Service 2. Health Service 3. Campus Ministries.
Recognize this is a vital moment. It could potentially be the first time this student is telling their story. Try and use language that supports and validates. They can share what they want, with who they want, on their terms. Try a phrase like, “thank you for telling me that, I appreciate you sharing something so difficult.”
Remember to focus on their feelings and concerns vs. details of the incident. Use their words, allowing them to define their own experience and only make promises you can keep. And reinforce their well-being, safety, and ability to thrive at Luther College are of utmost importance to us.
And finally, a report to the College allows to us to customize individual support to the Complainant while helping them navigate their rights and options moving forward.
Is this the same process if I am considered a Campus Security Authority, Official with Authority, or a confidential resource?
No. Campus Security Authority (CSA) is an official of the College who has significant responsibility for students and/or campus activities, including but not limited to student housing, student discipline, athletics, and student organizations. CSAs must report all information known about campus-related crimes defined in the Jeanne Clery Act to Campus Safety and Security and/or Title IX Coordinator. Some of these crimes include Sexual Assault (Rape, Fondling, Incest) and Dating Violence, Domestic Violence, and Stalking). Employees at Luther that are considered a CSA are: Wellness Staff, Student Activities Staff, Athletic Directors, Coaches, Ensemble Directors, CGL Staff as well as any faculty or staff member that advises a student organization.
An Official with Authority (OWA) means an employee of the College explicitly vested with the responsibility to implement corrective measures for Policy violations on behalf of the College. Employees at Luther considered OWAs are: President’s Cabinet, Human Resources, Student Life Deans, Safety and Security Staff, Residence Life Staff (including RAs), Deputy Title IX Coordinators, and the Title IX Coordinator.
The College Pastors and Vicars, employees at Health Service and employees in Counseling Service are all confidential resources and not required to disclose confidential information to the Title IX office.
It is the policy of Luther College to provide equal educational opportunities and equal access to facilities for all qualified persons. The College does not discriminate in employment, educational programs, and activities on the basis of age, color, creed, disability, gender identity, genetic information, national origin, race, religion, sex, sexual orientation, veteran status, or any other basis protected by federal or state law. Sexual harassment and sexual assault are prohibited forms of sex discrimination under Title IX of the Education Amendments of 1972.
Questions regarding this policy or Title IX should be directed to Kasey Nikkel,Title IX Coordinator, 563-387-1825, email@example.com, 700 College Drive, Decorah, Iowa 52101. Questions regarding Title IX may also be referred to the U.S. Department of Education’s Office for Civil Rights, 800-421-3481, OCR@ed.gov, http://www.ed.gov/ocr.