5. Confidentiality, Reporting, and Filing a Claim
All University employees (faculty, staff, administrators) are expected to immediately report actual or suspected sexual misconduct to appropriate officials, though there are some limited exceptions outlined below. In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality—meaning they are not required to report actual or suspected sexual misconduct to appropriate university officials—thereby offering options and advice without any obligation to inform an outside agency or individual unless a complainant has requested information to be shared. Other resources exist for a victim to report crimes and policy violations and these resources will take action when an incident is reported to them.
The following describes the two reporting options at the University:
If a reporting party would like the details of an incident to be kept confidential, the reporting party may speak with:
- On-campus licensed professional counselors and staff at the DBU Counseling Center
- On-campus Victim Advocate or Respondent Advocate (after an allegation has been made)
- Licensed professional counselors
- Local rape crisis counselors
- Local or state assistance agencies
All of the above DBU employees will maintain confidentiality except in extreme cases of immediate threat or danger, or abuse of a minor. Campus counselors are available to help free of charge as a service to all parties. These employees will annually submit anonymous, aggregate statistical information for Clery Act purposes.
Formal Reporting Options
Formal reports of sexual misconduct may be made to the Title IX Coordinator or Deputy Title IX Coordinator via DBU’s Title IX Website, by email, phone, or in person at the contact information below:
Title IX Coordinator
Office: Global Missions 2nd Floor
Deputy Title IX Coordinator for Students
Office: Crowley Residence Life Office
Deputy Title IX Coordinator for Employees
Office: Mahler 2nd Floor
Complainants and other reporting individuals are encouraged to report any violation of this policy as soon as possible in order to maximize DBU’s ability to respond promptly and effectively. Complaints and reports may be made at any time without regard to how much time has elapsed since the incident(s) in question.
If a complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the complainant may make such a request either on DBU’s Title IX anonymous reporting website or to the Title IX Coordinator, who, in accordance with the procedure in Section 7 of this policy, will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal and state laws.
A complainant has the right, and can expect, to have reports taken seriously by the University when formally reported, and to have those incidents investigated and properly resolved through these procedures. Formal reporting still affords privacy to the complainant, and only a small group of officials who need to know will be told, including but not limited to: the Title IX Coordinator, the Vice President for Student Affairs and Dean of Students (if the allegation involves students), the Provost (if the allegation involves faculty or staff), the supervising Vice President (if the allegation involves an employee), the Office of Legal Affairs for the University, the Chief of Police, the Vice President for Administrative Affairs (if the University Police Department is involved), the members of the ACTS Committee, and the President of the University.
Information will be shared as necessary with investigators, witnesses, and the respondent. The circle of people with this knowledge will be kept as tight as possible to preserve a complainant’s rights and privacy.
At the complainant’s request, DBU will assist the complainant in contacting local law enforcement.
All University employees have a duty to report, unless they fall under the "Confidential Reporting" section above. Complainants may want to consider carefully whether they share personally identifiable details with non-confidential employees, as those details must be shared by the employee with the Title IX Coordinator. Employees must share all details of the reports they receive.
Failure of a non-confidential employee, as described in this section, to report an incident or incidents of sexual misconduct of which they become aware is a violation of University policy and will be subject to disciplinary action for failure to comply with University policies.
In order to encourage reports of conduct prohibited under this policy, a student who, in good faith, reports being the victim of, or witness to sexual harassment, sexual assault, dating violence, or stalking will be entitled to amnesty from disciplinary actions by the University. DBU reserves the right to investigate whether a report was made in good faith before granting amnesty. Additionally, amnesty does not apply to the reporting individual’s own acts, if any, of sexual misconduct.
Allegations must be made in good faith and not made out of malice. It is a violation of DBU policy to knowingly make a false, malicious, or frivolous accusation of discrimination, harassment, sexual misconduct or retaliation. However, mere failure to prove a complaint is not equivalent to a false, malicious, or frivolous accusation.