Responsible Employee Duty to Report

Responsible Employee

Duty to Report

Please refer to the CSU Policy for complete information on each employee's Duty to Report.

Except as provided below, any Employee who knows or has reason to know of incidents that may violate Title IX or DHR policy (including those against students or other employees) has a duty to promptly report it to the Title IX Coordinator or the DHR Administrator, who are the campus officials designated to receive these reports. Employees who must report these disclosures are known as Responsible Employees and are required to disclose all information available, including the names of the Parties involved, even where the person has requested anonymity.

Responsible Employees can report the disclosure by filing an electronic report or emailing the DHR Administrator or Title IX Coordinator. 

Best Practices

Responsible Employees are required to report the disclosure as soon as possible. Some other best practices to keep in mind:

  • DO NOT discuss the disclosure with anyone else, even your supervisor. 
  • Do NOT promise confidentiality to the disclosing party; let them know that if you learn of a violation, you are required to report that to the DHR Administrator or the Title IX Coordinator.

Incidents that MUST be Reported to the University Police

In addition to the conditions specified above, all employees of the university are also required to ensure campus safety and must report threats to the safety of others. Disclosures that meet the following criteria must be immediately reported to the University Police:

  • Assaults against students under the age of 18
  • Incidents that are actively happening (e.g., you observe a student hitting their partner)
  • Incidents that involve ongoing danger to the victim (e.g., repeated threats of physical harm)

Faculty and Staff Reporting Guide → (NEW!) ←

Cal State East Bay's Title IX office has written a Faculty and Staff Guide for all employees who wish to learn more about how to receive, and respond to, a Title IX or DHR disclosure made by a staff member or student. The guide includes sample language you can use as you support a disclosing party, and resources to share with them.

Click here to download the Faculty and Staff Reporting Guide

Click here to download the Resource Pages from the Guide- please provide a copy of this document each time someone makes a disclosure to you.

Employees Who do Not Have a Duty to Report

Except as required by law (see below for exceptions), the following Employees generally do not have a duty to report to the Title IX Coordinator/DHR Administrator:

  1. Physicians; psychotherapists; professional licensed counselors; licensed clinical social workers, and clergy who work on or off campus, acting solely in those roles or capacities as part of their employment, in the provision of medical or mental health treatment or counseling (and those who act under their supervision, including all individuals who work or volunteer in these centers and offices).
  2. Sexual assault and domestic violence counselors and advocates who work or volunteer on or off campus in sexual assault centers, victim advocacy offices, women's centers, and health centers and who are acting solely in that role (including those who act in that role under their supervision, along with non-professional counselors or advocates who work or volunteer in sexual assault centers, victim advocacy offices, women's centers, gender equity centers, or health centers) in the provision of counseling or advocacy services.
  3. A CSU union representative is not required to report a possible violation of this policy if the information is provided to the union representative, acting in that role, in a confidential setting by a union member seeking advice about a possible violation or representation in a matter within the scope of representation. However, CSU union representatives are strongly encouraged to report the information to the Title IX Coordinator/DHR Administrator.

EXCEPTIONS: Under California law, any health practitioner employed in a health facility, clinic, physician's office, or local or state public health department or clinic is required to make a report to local law enforcement if he or she provides medical services for a physical condition to a person who he or she knows or reasonably suspects is suffering from: (1) a wound or physical injury inflicted by a firearm; or (2) any wound or other physical injury where the injury is the result of assaultive or abusive conduct (including Rape, Sexual Assault, and Dating and Domestic Violence).1 This exception does not apply to sexual assault and domestic violence counselors and advocates. Health care practitioners should explain this limited exception, if applicable.

Additionally, under California law, all professionals described above (physicians, psychotherapists, professional counselors, clergy, and sexual assault and domestic violence counselors and advocates) are mandatory child abuse and neglect reporters and are required to report incidents involving victims under 18 years of age to local law enforcement.2 These professionals will explain this limited exception, if applicable.

Finally, some or all of these professionals may also have reporting obligations under California law to: (1) local law enforcement in cases involving threats of immediate or imminent harm to self or others where disclosure of the information is necessary to prevent the threatened danger;3 or (2) to the court if compelled by court order or subpoena in a criminal proceeding related to Sexual Misconduct, Dating or Domestic Violence, or Stalking.4 If applicable, these professionals will explain this limited exception.

Endnotes

  1. Assaultive or abusive conduct is defined to include a list of 24 criminal offenses, including Sexual Battery, incest, Rape, spousal Rape, abuse of a spouse or cohabitant, and any attempt to commit these crimes. See Cal. Penal Code §§ 11160-11163.2.
  2. See Cal. Penal Code §§ 11164-11174.3; see also CSU Executive Order 1083 or any superseding executive order.
  3. See Cal. Evid. Code § 1024.
  4. See Cal. Evid. Code § 1035.4.