Duty To Report
Duty to Report
All community members are expected to promptly report violations or concerns about violations of laws, regulations and University policies that come to their attention. Employees have a mandatory duty to report to the Office of Institutional Equity (OIE) any violations related to the prohibitions enumerated in this policy. Failure to do so may result in disciplinary action, up to and including termination, and/or civil and criminal charges in some circumstances. Under Texas law, if an employee learns of incidents of Sexual Harassment or Harassment that is based on sex and fails to timely report the incident to TCU’s Title IX Coordinator or to a Deputy Title IX Coordinator, Texas law may require TCU to terminate the employee, and the employee may be subject to criminal prosecution.[1]
Special Duty to Report
Individuals in positions of authority who hold a supervisory position at the University have a special duty to report alleged violations of this policy. Therefore, when a supervisor receives a report of conduct that may violate this policy or has reason to believe that a violation of this policy has occurred, the supervisor has a mandatory duty to contact the Office of Institutional Equity (“OIE”) and report the conduct or possible occurrence.
An individual in position of authority who is made aware of, or in the exercise of reasonable care should have known of, a violation of this policy by a person under their authority or supervision and fails to take appropriate action is subject to disciplinary action and may be subject to legal action.
Exceptions. Individuals who are considered Confidential Resources are exempt from this obligation when they receive information in the context of providing professional services to a student. For purposes of this policy, Confidential Resources are University officials who can maintain legally-protected confidentiality within the University for the individual who shared the information. The following University employees serve as TCU’s Confidential Resources: licensed mental health professionals at the Counseling Center; licensed medical professionals at the Health Center; TCU Title IX Confidential Advocate(s); and ordained University Chaplains in the Office of Religious and Spiritual Life. Licensed physicians on TCU’s Sports Medicine staff are also Confidential Resources for student-athletes when they receive information in the context of providing professional services.
Confidentiality
TCU will endeavor to keep the identity of a complainant and information learned in the investigation of a complaint confidential if requested. However, TCU cannot guarantee confidentiality for example, where it would conflict with the University’s obligation to investigate meaningfully, take corrective action, comply with the intent of this policy, or fulfill its legal obligations.
Students should be aware that employees of TCU may have an obligation to report incidents to the Title IX Coordinator. Students who want information about an incident to remain confidential may wish to speak to a mental health professional at the Counseling Center, a medical professional at the Health Center, or a member of the clergy, acting in their professional capacities at the time an incident is reported.
If a complainant asks that his/her name not be disclosed to the other party, TCU’s ability to respond to the complaint may be limited. TCU will evaluate all requests for confidentiality in the context of its responsibility to provide a safe and nondiscriminatory environment for all students.
Whether or not a person seeks informal or formal resolution of a complaint, if the University becomes aware of conduct which may violate this policy, the University may commence its own investigation and/or remedial actions. In matters alleging sexual harassment and/or sexual mis- conduct, the Title IX Coordinator or his/her designee will investigate the allegations to the extent possible, even without the cooperation of the party against whom the alleged harassment or conduct was directed. The Title IX Coordinator will decide whether the accused party must be notified of the allegations before or in the course of the investigation.
[1] See Texas Senate Bill 212 for information on reporting requirements and any relevant exceptions.