Colleges Consider Mandatory Sexual Assault Reporting

Critics say the policy makes sexual assault survivors less likely to talk about the crime.

The University of Oregon is the latest school to think about adopting a controversial policy that would require almost all employees to report students’ sexual assault allegations.

The policy, which schools are considering as a way to comply with federal gender equity laws, would force nearly all employees to notify the university’s Title IX coordinator if a student tells them they were sexually assaulted.

The proposal has sparked criticism from faculty members and victim’s advocates, who argue it would deter survivors of sexual assault from confiding in university employees. Other opponents of the policy see it taking away academic freedom and reducing victims’ decision-making power, according to the Huffington Post.

A research committee at UO acknowledged these concerns, but determined the policy would be “a reasonable response to both OCR guidance as well as the needs of the university community.”

The OCR guidance the committee refers to is likely the Department of Education’s 2013 settlement with the University of Montana, which required all UM employees “except those who are statutorily barred from reporting” to report sexual assault or harassment to the Title IX coordinator.

The University of Oregon Senate is considering the policy May 11 in an attempt to address disagreements about whether or not the policy is required for gender equity compliance.

The only UO employees that would be exempt from the reporting requirement would be:

  • Healthcare professionals at the University Counseling and Testing Center
  • Healthcare professionals at eh University Health Center
  • Employees of the Office of Crisis Intervention and Sexual Violence Support Services
  • The university Ombudsperson
  • Student employees

“While not all supporters of the adopted policy concur that its terms are mandated by federal law, the majority of the committee accepts that it is clearly permitted and, indeed, contemplated by federal law as illuminated by OCR guidance,” an UO committee’s explanation for the policy states.

Universities are also considering the policy as schools around the country face lawsuits from students alleging staff members showed deliberate indifference to reports of sexual assault. A mandatory reporting policy would put the onus on individual employees to report the alleged crimes.

The University of Oregon and other schools, such as Michigan State University, who have considered the policy argue it’s about ensuring victims get the resources they need.

“It is imperative that such survivors avail themselves of [sexual assault support] resources,” UO officials say.

Sexual assault is an extremely under reported crime.

The full policy proposal at UO can be found here.

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