Obligation of All Employees* to Report Sexual Harassment, Including Sexual Violence

Duties of "Responsible Employees"

At William & Mary, all faculty and staff are "responsible employees" for purposes of state and federal laws imposing reporting obligations relating to sexual violence and other forms of sexual harassment.  Information about the responsible employee reporting obligations is provided in the Discrimination, Harassment, and Retaliation Policy and the Sexual Harassment and Assault Guidance for Employees.  A checklist for staff or faculty assisting a student who reports sexual misconduct is also available. As explained in more detail in the Policy and Guidance:
  • All faculty and staff, *except for those who work in the Student Health Center, Counseling Center, and the Haven and a very few other "confidential resources", are required to report specific incidents of sexual harassment, including sexual violence, affecting students.  This means that if an employee becomes aware that a student has been sexually assaulted (for example) or otherwise harassed, and is aware of the identity of the student, that employee must bring the incident to the attention of appropriate administrators so that help can be provided to the student.  This report must be made to the Title IX Coordinator.  The best way to report is using the online form.   
  • All faculty and staff, except for "confidential resources", are required to report specific incidents of sexual violence occuring on W&M's Clery Act geography - regardless of who was the reported or suspected victim or perpetrator of the violence.  Sexual violence is defined by Virginia law as physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.   Alcohol or drug use may render a person incapable of giving consent.  This report must be made to the Title IX Coordinator.  The best way to report is using the online form.   

For incidents involving students, the reporting obligation under state law arises when you, the employee, obtain "information that an act of sexual violence may have been committed against a student attending the institution."  For incidents that occurred prior to the person becoming a student, this reporting obligation would not apply, but there may be a reporting obligation under state law mandating reporting sexual (and other abuse) of a minor.  

The reporting obligation arises when you -- the employee -- become aware of the information "in the course of [your] employment," under state law.  

State law provides civil immunity to responsible employees who make a report as required by state law, or who testify in a proceeding as a result of such a report.  

This page updated in July 2016.