Responsible Campus Partner Obligations
With limited exceptions (see below), and consistent with the University’s legal obligations, all Loyola faculty and staff employees must notify the OEC/Title IX Coordinator when the employee has information about conduct that reasonably may constitute Title IX Sex-Based Discrimination. This includes any of the following conduct, when the conduct was within the University’s Education Program or Activity:
- Discrimination or discriminatory harassment on the basis of sex (including sex stereotypes, sex characteristics, gender identity, sexual orientation, and Pregnancy or Related Conditions),
- Sexual harassment (including quid pro quo and hostile environment sexual harassment),
- Sexual assault,
- Dating and/or domestic violence, and/or
- Stalking
Faculty and staff employees and others with such a duty are referred to as Responsible Campus Partners and must refer such incidents to the OEC within 24 hours of becoming aware of the incident.
Responsible Campus Partners must promptly share all relevant details of such information they receive – including the identities of any/all known Parties – preferably via the Online Referral/Report Form available at LUC.edu/equity.
Failure of a Responsible Campus Partner to notify the OEC of such information is a violation of the Comprehensive Policy and may subject the Responsible Campus Partner to disciplinary action.
In order not to betray the trust of any Student or other Affected Party, Responsible Campus Partners should be forthright and transparent about this obligation at all times. Additionally, aside from notifying the OEC, Responsible Campus Partners should maintain strict privacy with respect to applicable disclosures and Reports; the OEC will notify persons with a legitimate need to know, as necessary.
Note that this obligation is for Reports and disclosures of Title IX Sex-Based Discrimination only, and except as applied to supervisors/managers (see, Obligation for Supervisors/Managers to Report/Refer Discrimination, Retaliation, and Other Related Offenses, below), does not apply to other forms of discrimination or retaliation. However, all Responsible Campus Partners are strongly encouraged to report such incidents as well, to ensure that applicable support, resources, and information may be provided to Affected Parties.
Exceptions to the Reporting Obligation
Exceptions to the Responsible Campus Partner obligation are as follows:
a. Exception for Affected Party Employees
The Responsible Campus Partner obligation does not apply to an employee who has personally been subject to conduct that reasonably may constitute Title IX Sex-Based Discrimination. However, such employees are, of course, encouraged to report such matters so that assistance may be provided.
b. Exception for Student Employees
Students (including Student workers and graduate assistants) are excluded from the Responsible Campus Partner obligation at all times and regardless of whether the Student is acting in an employment or Student capacity.
c. Exception for Confidential Employees
At Loyola, Students wishing to speak to a member of the University about an experience of sex discrimination without initiating a Report should contact the Sexual Assault Advocates (“Advocates”) of the Wellness Center. Advocates are the only University employees who are designated as “confidential advisors” under Illinois law[1], and as such, Advocates are best positioned to help Students access available supports and resources in the University and/or in the local community without triggering a duty to refer the matter to the OEC. Advocates can be contacted free of charge through the Advocacy Services at the Wellness Center or by calling the Advocacy Hotline at 773-494-3810 during the extended business hours posted online.
In addition, the following University employees are designated as “Confidential Employees”. Confidential Employees are exempt from the Responsible Campus Partner obligation in certain situations, only when the Confidential Employee is acting in the professional capacity indicated, and subject to the limitations below:
- Licensed professional counselors and staff,
- Health service providers and staff, and/or
- Catholic priests (only when offering the Sacrament of Reconciliation/“confession”) and other pastoral counselors*
*“Pastoral counselor” here refers to a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor. For assistance identifying a pastoral counselor from a non-Catholic faith tradition, contact the Department of Campus Ministry, at (773) 508-2200.
It should be noted that even Confidential Employees must, upon being informed of conduct that may constitute Title IX Sex-Based Discrimination, explain to the person making the disclosure:
- The employee’s status as a Confidential Employee for purposes of the Comprehensive Policy, including the circumstances in which the Confidential Employee is not required to notify the OEC/Title IX Coordinator about the conduct;
- How to contact the OEC/Title IX Coordinator and how to file a Complaint of sex discrimination; and
- That the OEC/Title IX Coordinator may be able to offer and coordinate supportive measures, as well as initiate Alternative Resolution or a Complaint under the CRP.
Additionally, Confidential Employees may still have an obligation to report matters to the University, law enforcement, or others, in cases where either (a) the failure to disclose would result in a clear, imminent risk of serious physical injury to or death of any person; (b) the matter involved the alleged abuse of a minor; or (c) disclosure is otherwise required by law. Additionally, Confidential Employees may still be required to submit anonymous statistical information to the OEC and/or Campus Safety for Clery Act purposes unless they believe it would be harmful to their client, patient, or confessor.
Students and employees seeking confidential services outside the University may also want to consult with local community resources, such as:
- Licensed professional counselors;
- Local rape crisis counselors, such as Resilience (888-293-2080) in Chicagoland;
- Some local or state assistance agencies; and/or
- Perspectives, Loyola’s Employee Assistance Program (for employees)
d. Exception for IRB-Approved Research
Consistent with Title IX, Loyola provides a narrow exemption to its Responsible Campus Partner obligation for research activities designed to gather information about sex discrimination and that have been approved by the Institutional Review Board (“IRB”). Faculty employees engaged in such research are exempt from the Responsible Campus Partner obligation only with respect to information received while conducting the research activity.
Student participants in such research studies will be informed that relevant disclosures in IRB-approved research will not be shared with the University and do not constitute Notice to the University of an allegation or Report of sex discrimination. Applicable disclosures made to researchers in all other settings (e.g., during office hours, academic advising, classroom discussions, informal discussions, or classroom assignments) must still be reported to the OEC/Title IX Coordinator. For further information about the limitations of this exemption, see the IRB website: LUC.edu/irb.
e. Limited Exception for Safe Haven Programs (Public Awareness Events)
Programming around sex discrimination such as sexual assault and harassment, dating and/or domestic violence, and stalking is an important educational tool. At times, it may be appropriate and reasonable to expect that Students would disclose personal experiences with these topics during these programs. “Safe Haven” events are events where, if the only employees present are designated Confidential Employees, information shared about conduct that may reasonably constitute sex discrimination does not trigger an obligation to report the matter to the OEC. Safe Haven events must be pre-approved by the EDEC, and several elements must be in place to assure the event constitutes a Safe Haven event. These requirements include:
- A trained Advocate must be present for the entirety of the program;
- No employees who are Responsible Campus Partners are in attendance;
- Advertisements must label the program as a Safe Haven event; and
- Information about how to report sex discrimination to the OEC must be provided.
When planning to host or facilitate a Safe Haven event (or any education program about sex discrimination, sexual misconduct, etc.), planners are encouraged to contact the Wellness Center or OEC to receive information about best practices. To request a trained Advocate to be present at a proposed event, please contact the Advocacy Coordinator in the Wellness Center.
It should be noted that if a Responsible Campus Partner attends such an event and would otherwise be obligated to refer information about potential sex discrimination to the OEC/Title IX Coordinator, then the Responsible Campus Partner must still refer the matter to the OEC. The University will not be obligated to act in response to the information unless it indicates an imminent and serious threat to the health or safety of a Complainant, any Students, employees, or other persons. In all such cases, however, the University will use the information to inform its prevention and safety efforts.
Obligation for Supervisors/Managers to Report/Refer Discrimination, Retaliation, and Other Related Offenses
To the extent required by law, faculty and staff employees who hold supervisory or managerial responsibilities also have an obligation to report or refer any known, disclosed, or alleged (whether formally or informally) other forms of discrimination, retaliation, or other related offenses within the University’s Education Program or Activity.
Obligation to Refer Pregnant Students for Resourcing
Under Title IX, all University employees to whom a pregnant Student (or person authorized to act on the pregnant Student’s behalf) discloses a pregnancy must inform the Student that the Student has rights related to their Pregnancy or Related Conditions under Title IX and must provide contact information for the Title IX Coordinator. See OEC's Resources for Faculty & Staff for additional information about compliance with this requirement.
Resources for Faculty and Staff
All responsible campus partners are encouraged to be transparent about their reporting obligations at all times, and especially if approached by a student who asks to speak to you privately or confidentially about any personal matter. Additionally, faculty in particular are encouraged to note this obligation in their course syllabi. Sample syllabus language and other resources to support faculty and staff in responding appropriately to student disclosures of sexual misconduct are available here.
Importance of Reporting
This video, provided by United Educators, underscores the importance of reporting allegations to University officials (the Office for Equity & Compliance, at Loyola) to ensure that appropriate steps can be taken to ensure a safe, inclusive environment for our entire University community.
With limited exceptions (see below), and consistent with the University’s legal obligations, all Loyola faculty and staff employees must notify the OEC/Title IX Coordinator when the employee has information about conduct that reasonably may constitute Title IX Sex-Based Discrimination. This includes any of the following conduct, when the conduct was within the University’s Education Program or Activity:
- Discrimination or discriminatory harassment on the basis of sex (including sex stereotypes, sex characteristics, gender identity, sexual orientation, and Pregnancy or Related Conditions),
- Sexual harassment (including quid pro quo and hostile environment sexual harassment),
- Sexual assault,
- Dating and/or domestic violence, and/or
- Stalking
Faculty and staff employees and others with such a duty are referred to as Responsible Campus Partners and must refer such incidents to the OEC within 24 hours of becoming aware of the incident.
Responsible Campus Partners must promptly share all relevant details of such information they receive – including the identities of any/all known Parties – preferably via the Online Referral/Report Form available at LUC.edu/equity.
Failure of a Responsible Campus Partner to notify the OEC of such information is a violation of the Comprehensive Policy and may subject the Responsible Campus Partner to disciplinary action.
In order not to betray the trust of any Student or other Affected Party, Responsible Campus Partners should be forthright and transparent about this obligation at all times. Additionally, aside from notifying the OEC, Responsible Campus Partners should maintain strict privacy with respect to applicable disclosures and Reports; the OEC will notify persons with a legitimate need to know, as necessary.
Note that this obligation is for Reports and disclosures of Title IX Sex-Based Discrimination only, and except as applied to supervisors/managers (see, Obligation for Supervisors/Managers to Report/Refer Discrimination, Retaliation, and Other Related Offenses, below), does not apply to other forms of discrimination or retaliation. However, all Responsible Campus Partners are strongly encouraged to report such incidents as well, to ensure that applicable support, resources, and information may be provided to Affected Parties.
Exceptions to the Reporting Obligation
Exceptions to the Responsible Campus Partner obligation are as follows:
a. Exception for Affected Party Employees
The Responsible Campus Partner obligation does not apply to an employee who has personally been subject to conduct that reasonably may constitute Title IX Sex-Based Discrimination. However, such employees are, of course, encouraged to report such matters so that assistance may be provided.
b. Exception for Student Employees
Students (including Student workers and graduate assistants) are excluded from the Responsible Campus Partner obligation at all times and regardless of whether the Student is acting in an employment or Student capacity.
c. Exception for Confidential Employees
At Loyola, Students wishing to speak to a member of the University about an experience of sex discrimination without initiating a Report should contact the Sexual Assault Advocates (“Advocates”) of the Wellness Center. Advocates are the only University employees who are designated as “confidential advisors” under Illinois law[1], and as such, Advocates are best positioned to help Students access available supports and resources in the University and/or in the local community without triggering a duty to refer the matter to the OEC. Advocates can be contacted free of charge through the Advocacy Services at the Wellness Center or by calling the Advocacy Hotline at 773-494-3810 during the extended business hours posted online.
In addition, the following University employees are designated as “Confidential Employees”. Confidential Employees are exempt from the Responsible Campus Partner obligation in certain situations, only when the Confidential Employee is acting in the professional capacity indicated, and subject to the limitations below:
- Licensed professional counselors and staff,
- Health service providers and staff, and/or
- Catholic priests (only when offering the Sacrament of Reconciliation/“confession”) and other pastoral counselors*
*“Pastoral counselor” here refers to a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor. For assistance identifying a pastoral counselor from a non-Catholic faith tradition, contact the Department of Campus Ministry, at (773) 508-2200.
It should be noted that even Confidential Employees must, upon being informed of conduct that may constitute Title IX Sex-Based Discrimination, explain to the person making the disclosure:
- The employee’s status as a Confidential Employee for purposes of the Comprehensive Policy, including the circumstances in which the Confidential Employee is not required to notify the OEC/Title IX Coordinator about the conduct;
- How to contact the OEC/Title IX Coordinator and how to file a Complaint of sex discrimination; and
- That the OEC/Title IX Coordinator may be able to offer and coordinate supportive measures, as well as initiate Alternative Resolution or a Complaint under the CRP.
Additionally, Confidential Employees may still have an obligation to report matters to the University, law enforcement, or others, in cases where either (a) the failure to disclose would result in a clear, imminent risk of serious physical injury to or death of any person; (b) the matter involved the alleged abuse of a minor; or (c) disclosure is otherwise required by law. Additionally, Confidential Employees may still be required to submit anonymous statistical information to the OEC and/or Campus Safety for Clery Act purposes unless they believe it would be harmful to their client, patient, or confessor.
Students and employees seeking confidential services outside the University may also want to consult with local community resources, such as:
- Licensed professional counselors;
- Local rape crisis counselors, such as Resilience (888-293-2080) in Chicagoland;
- Some local or state assistance agencies; and/or
- Perspectives, Loyola’s Employee Assistance Program (for employees)
d. Exception for IRB-Approved Research
Consistent with Title IX, Loyola provides a narrow exemption to its Responsible Campus Partner obligation for research activities designed to gather information about sex discrimination and that have been approved by the Institutional Review Board (“IRB”). Faculty employees engaged in such research are exempt from the Responsible Campus Partner obligation only with respect to information received while conducting the research activity.
Student participants in such research studies will be informed that relevant disclosures in IRB-approved research will not be shared with the University and do not constitute Notice to the University of an allegation or Report of sex discrimination. Applicable disclosures made to researchers in all other settings (e.g., during office hours, academic advising, classroom discussions, informal discussions, or classroom assignments) must still be reported to the OEC/Title IX Coordinator. For further information about the limitations of this exemption, see the IRB website: LUC.edu/irb.
e. Limited Exception for Safe Haven Programs (Public Awareness Events)
Programming around sex discrimination such as sexual assault and harassment, dating and/or domestic violence, and stalking is an important educational tool. At times, it may be appropriate and reasonable to expect that Students would disclose personal experiences with these topics during these programs. “Safe Haven” events are events where, if the only employees present are designated Confidential Employees, information shared about conduct that may reasonably constitute sex discrimination does not trigger an obligation to report the matter to the OEC. Safe Haven events must be pre-approved by the EDEC, and several elements must be in place to assure the event constitutes a Safe Haven event. These requirements include:
- A trained Advocate must be present for the entirety of the program;
- No employees who are Responsible Campus Partners are in attendance;
- Advertisements must label the program as a Safe Haven event; and
- Information about how to report sex discrimination to the OEC must be provided.
When planning to host or facilitate a Safe Haven event (or any education program about sex discrimination, sexual misconduct, etc.), planners are encouraged to contact the Wellness Center or OEC to receive information about best practices. To request a trained Advocate to be present at a proposed event, please contact the Advocacy Coordinator in the Wellness Center.
It should be noted that if a Responsible Campus Partner attends such an event and would otherwise be obligated to refer information about potential sex discrimination to the OEC/Title IX Coordinator, then the Responsible Campus Partner must still refer the matter to the OEC. The University will not be obligated to act in response to the information unless it indicates an imminent and serious threat to the health or safety of a Complainant, any Students, employees, or other persons. In all such cases, however, the University will use the information to inform its prevention and safety efforts.
Obligation for Supervisors/Managers to Report/Refer Discrimination, Retaliation, and Other Related Offenses
To the extent required by law, faculty and staff employees who hold supervisory or managerial responsibilities also have an obligation to report or refer any known, disclosed, or alleged (whether formally or informally) other forms of discrimination, retaliation, or other related offenses within the University’s Education Program or Activity.
Obligation to Refer Pregnant Students for Resourcing
Under Title IX, all University employees to whom a pregnant Student (or person authorized to act on the pregnant Student’s behalf) discloses a pregnancy must inform the Student that the Student has rights related to their Pregnancy or Related Conditions under Title IX and must provide contact information for the Title IX Coordinator. See OEC's Resources for Faculty & Staff for additional information about compliance with this requirement.
Resources for Faculty and Staff
All responsible campus partners are encouraged to be transparent about their reporting obligations at all times, and especially if approached by a student who asks to speak to you privately or confidentially about any personal matter. Additionally, faculty in particular are encouraged to note this obligation in their course syllabi. Sample syllabus language and other resources to support faculty and staff in responding appropriately to student disclosures of sexual misconduct are available here.
Importance of Reporting
This video, provided by United Educators, underscores the importance of reporting allegations to University officials (the Office for Equity & Compliance, at Loyola) to ensure that appropriate steps can be taken to ensure a safe, inclusive environment for our entire University community.