Information for Mandatory Reporters
Am I a mandatory reporter?
All University employees, other than those listed below, have reporting obligation when the employee becomes aware of relationship violence or sexual misconduct allegedly perpetrated by a member of the University community (faculty, staff, or student) or occurring at a University event or on University property.
- MSU Sexual Assault Program & 24-hour Sexual Assault Crisis Line
- MSU Safe Place
- MSU Sexual Assault & Relationship Violence (SARV) Prevention Program
- MSU Sexual Assault Crisis Intervention (SACI) Team
- Every 5 Minutes (E5M) Team
- University Ombudsperson
- MSU Counseling Center
- MSU Psychological Clinic
- MSU Couple and Family Therapy Clinic
- MSU Olin Psychiatry
- Health professionals
Where do I have to report?
If the person victimized is a student or third party:
- Sexual and Relationship Violence: OIE and MSU Police
- Sexual Harassment: OIE
If the person victimized is a University employee or faculty member:
- Sexual and Relationship Violence: OIE and MSU Police
- Sexual Harassment:
- Supervisors must report to OIE
- All other employees strongly encouraged to report to supervisor or OIE
Note: filing a report with the Public Incident Reporting Form which includes your name, contact information, and all information you know about the incident (including any claimant, respondent, or witness names) will fully satisfy your mandatory reporting requirement.
Are there any times when I don't have to report?
Public awareness or activism events and other public forums at which students or employees disclose experiences with relationship violence or sexual misconduct are not considered notice to the University for the purposes of this Policy unless the victim also initiates a complaint under this Policy (e.g., Take Back the Night, E5M performances, protests).
What information do I have to give?
You must report all relevant details about the alleged relationship violence or sexual misconduct that occurred on campus or at a campus-sponsored event, including the name of the victim, the accused, any witnesses, and any other relevant facts, including the date, time, and specific location of the incident.
What if I am a University employee, but I learn about something in my personal capacity?
You are only required to report relationship violence or sexual misconduct of which you become aware in your capacity as a University employee, not in your personal capacity.
What if the victim does not want me to report?
If the victim wants to tell you what happened, but also wants to maintain confidentiality, you should tell the victim that the University will consider the request but cannot guarantee confidentiality.You should advise the victim that the details of the incident will be disclosed only to those officials with a legitimate institutional interest in knowing the information. In reporting the details of the incident to OIE, you must inform OIE of the victim’s request for confidentiality. OIE will weigh the victim’s request for confidentiality against the University’s obligation to provide a safe, non-discriminatory environment for all students and employees, including the victim. More information about how OIE weighs those factors can be found in the RVSM Policy, which you can find in the Policies, Procedures, and Forms section of this site.
At times, in order to provide a safe, non-discriminatory environment for members of the campus community, the University may not be able to honor a victim’s request for confidentiality. In such circumstances, OIE will inform the victim prior to starting an investigation and will share information only with people involved in the University’s investigation. The victim is not required to participate in the investigation.
What if I am not a University employee but I have information about relationship violence or sexual misconduct?
Students or third parties who witness acts of relationship violence or sexual misconduct perpetrated by a member of the University community (faculty, staff, or student) or occurring at a University event or on University property are strongly encouraged to report the misconduct to OIE and the MSU Police.
The University encourages all witnesses of relationship violence or sexual misconduct to engage in bystander intervention when safe to do so. As explained on the www.notalone.gov website, “the bystander role includes interrupting situations that could lead to assault before it happens or during an incident; speaking out against social norms that support sexual assault, domestic violence, dating violence, and stalking; and having skills to be an effective and supportive ally to survivors."
I am a faculty member or instructor. Is there any language I can put in my syllabus to notify students that I am a mandatory reporter?
Limits to confidentiality. Essays, journals, and other materials submitted for this class are generally considered confidential pursuant to the University's student record policies. However, students should be aware that University employees, including instructors, may not be able to maintain confidentiality when it conflicts with their responsibility to report certain issues to protect the health and safety of MSU community members and others. As the instructor, I must report the following information to other University offices (including the Department of Police and Public Safety) if you share it with me:
--Suspected child abuse/neglect, even if this maltreatment happened when you were a child,
--Allegations of sexual assault or sexual harassment when they involve MSU students, faculty, or staff, and
--Credible threats of harm to oneself or to others.
These reports may trigger contact from a campus official who will want to talk with you about the incident that you have shared. In almost all cases, it will be your decision whether you wish to speak with that individual. If you would like to talk about these events in a more confidential setting you are encouraged to make an appointment with the MSU Counseling Center.
What if I have questions about whether I have to report something?
Questions about whether a disclosure must be reported can be referred to the Office of the General Counsel, Office of Institutional Equity, MSU Police, or University Ombudsperson.