Faculty & Staff Responsible Employee FAQ

Faculty & Staff Responsible Employee FAQ

Are Faculty & Staff considered Responsible Employees?

Generally, yes.

Consistent with state law, the College treats all of its faculty and certain specified staff as “Responsible Employees.” Responsible employees cannot guarantee confidentiality to a reporting party upon learning of potential Sexual Harassment and are required to report the alleged conduct to the College’s Title IX Coordinator, which may initiate the formal Title IX Grievance Process.

Responsible Employees should maintain confidentiality of the reported information to the greatest extent possible and should promptly provide related information to the Title IX Coordinator or designee. Consistent with FERPA, the College will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be granted.

Responsible Employees are those College employees who are not Confidential Resources (defined below) and have authority to take action to redress sexual harassment or provide interim measures to students, or have a duty to report sexual harassment to an appropriate school official who has that authority. If a Responsible Employee learns, in the course of their employment, that a student may have experienced conduct prohibited by this Policy, they must promptly notify the Title IX Officer or designee. In addition, if any of the following people learn, in the course of employment, that any other person affiliated with the College may have experienced Prohibited Conduct, they must promptly notify the Title IX Officer or designee:

(i) Title IX Coordinator or deputy Title IX Coordinators;

(ii) Residential advisors;

(iii) Housing directors, coordinators, or deans;

(iv) Student life directors, coordinators, or deans;

(v) Athletic directors, coordinators, or deans;

(vi) Coaches of any student athletic or academic team or activity;

(vii) Faculty and associate faculty, teachers, instructors, or lecturers;

(viii) Laboratory directors, coordinators, or principal investigators;

(ix) Internship or externship directors or coordinators; or

(x) Study abroad program directors or coordinators.

An individual who wishes for the details of the incident to remain completely confidential may speak with certain designated College employees who, by law, shall maintain confidentiality and may not disclose the details of an incident, subject to certain exceptions in the law (e.g., child abuse). If an individual makes a report to these confidential resources but not to the persons or entities identified in section IV.A.1 above, then the College will not be in a position to take action because it will not have notice of the incident.

What are examples of sexual harassment that I am required to report to the Title IX Office?

The following is an overview of examples of conduct covered by the Sexual Misconduct, Harassment, and Discrimination Policy & Procedures (Policy). Please review the Policy for a complete review of matters that are covered by the Policy.

Any incidents involving:

  • Sexual misconduct or assault
    • Non-consensual Sexual Contact
    • Non-consensual Sexual Intercourse
    • Dating Violence
      • Examples of dating emotional abuse include: Humiliating your partner. Controlling what your dating partner can and cannot do.
    • Fondling
    • Stalking
      • Repeated, unwanted phone calls, texts, messages, etc. that may or may not be threatening
      • Creating fake profiles to continue contacting a person after they have been blocked on their personal account
      • Observing, following or “coincidentally” showing up wherever the person goes
      • Waiting outside of the person’s class, home, job, car, etc.
      • Leaving notes, gifts or other items for the person
      • Spreading rumors online and in person
      • Posting messages or images of the person on social media or in discussion groups
      • Vandalism or destruction of property, including sabotaging schoolwork
      • Breaking into the person’s home or car
      • Hacking into the person’s social media, email or other accounts
      • Collecting information about the person through friends, family members, coworkers or acquaintances
      • Contacting other people in order to gain information about how to access them
    • Hazing
      • Punishing women and sororities for hazing while indulging men and fraternities
  • Sexual Harassment
    • Examples of sexual harassment may include such conduct as:
  1. Direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion, grades, or letters of recommendations;
  2. Direct propositions of a sexual nature;
  3. Subtle pressure for sexual activity, an element of which may be repeated requests for private meetings without an academic and employment purpose;
  4. A pattern of conduct that would discomfort or humiliate, or both, a reasonable person at whom the conduct was directed that includes one or more of the following: (1) unnecessary touching, patting, hugging, or brushing against a person’s body; (2) remarks of a sexual nature about a person’s clothing or body, whether or not intended to be complimentary; (3) remarks about sexual activity or speculations about previous sexual experience; or (4) other comments of a sexual nature, including sexually explicit statements, questions, jokes or anecdotes;
  5. Certain visual displays of sexually-oriented images outside the educational context;
  6. Letters, notes or electronic mail containing comments, words or images as described in (e) above.

Sexual harassment includes harassment of women by men, of men by women, and same gender gender-based harassment.

  • Discrimination on the basis of gender

What do I do if someone discloses sexual misconduct, harassment, or gender discrimination to me?

Am I required to report TIX incidents concerning colleagues including faculty and staff?

Yes.

How do I report incidents of Sexual misconduct, harassment, or gender discrimination?

What should be included in a Title IX report?

You have a duty to share all relevant details and information that was shared with you in a timely matter. Please include the following:

  • Name(s) of individual involved (if known)
  • Date and time of the incident (if known)
  • Location of incident (if known)
  • Description of what was shared in 3rd person narrative
    • Be detailed
    • Only report what was told to you

Do faculty & Staff have access to confidential resources?

Yes.

  • Project Sister Sexual Assault 24/7 Crisis Hotline (Claremont, CA): 909-626-HELP (909-626-4357)
  • House of Ruth (24/7 Crisis Hotline for Domestic violence support): 877-988-5559
  • National Sexual Assault 24/7 Crisis Hotline (RAINN): 800-656-HOPE
  • Employee Assistance Program (EAP)

At no cost to Pomona College employees, the Employee Assistance Program offers confidential advice and counseling services to eligible employees and their immediate family members available 24/7 relating to issues such as parenting, loss or grievance, relationship problems, substance abuse, self-improvement, mental health, financial concerns, and legal-referral assistance.

Employees are eligible to participate in the EAP the first day of the month following the date of hire, or date of hire when date of hire is the first day of the month.

At no cost to Pomona College employees, the Employee Assistance Program offers confidential advice and counseling services to eligible employees and their immediate family members available 24/7 relating to issues such as parenting, loss or grievance, relationship problems, substance abuse, self-improvement, mental health, financial concerns, and legal-referral assistance.

Employees are eligible to participate in the EAP the first day of the month following the date of hire, or date of hire when date of hire is the first day of the month.

How can I inform my students that I am a Responsible Employee?

If a Responsible Employee learns, in the course of their employment, that a student may have experienced conduct prohibited by this Policy, they must promptly notify the Title IX Officer or its designee. Responsible Employees cannot keep conversations confidential.

For this reason, if an individual approaches you and asks to take you into confidence, it is best for you to notify the individual that you have an obligation to report things that you are told and that, if the individual truly wants confidentiality, they should seek Confidential Resources.

How to respond when someone shares information about an incident

First and foremost, trust the individual and make no judgment about what is being shared. Asking specific questions about the incident can be received as blaming and we want to avoid re-traumatize a person to the extent possible. Your goal is to respond with care and concern for their well-being. Often everyday activities can be challenging for those reporting, so you can be helpful in verifying they are feeling safe, attending class, etc. People who have experienced a traumatic situation do not always respond the way we think they will (or the way we think they should) based on their circumstances. It is important to not place judgment on their affect, their memories or their choices at that time. Many people will also need time to process what happened before they are prepared to talk about it.

  • It is important that you remind the person that you are a Responsible Employee and have a duty to connect them to the Title IX Office.
    • They can expect to hear from the Title IX Office within one business day.
  • They have the right to access confidential resources and are not required to meet with anyone in the Title IX Office.
  • ONLY Ask safety questions only and connect them to resources that can help them feel the safest.

When you talk with someone who is sharing their experiences with you, please be very aware of the impact of your words and reactions. Hear the experience as the student describes it. Articulate clearly that you believe the student and you want to provide support in any way you can.

Type of Good questions to ask:

  • Do you feel safe?
  • What will help you feel the safest on campus?
  • How can I support you?

Type of Questions to avoid (judgmental questions):

  • Why were you walking alone?
  • Were you drinking?
  • Did you say no or fight back?

If someone discloses an incident of sexual misconduct to you, including sexual assault, stalking, dating or domestic violence, or sexual harassment, please take the following steps: