Section 6: Reporting Policies and Protocols
The College encourages victims of Sexual Misconduct to talk to somebody about what happened so victims can get the support they need and so that the College can respond appropriately. Different employees on campus have different abilities to maintain a victim’s confidentiality:
- Some employees (Counseling Employees) are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.”
- Some employees (Responsible Employees) are required to report all of the details of an incident (including the identities of both the victim and the alleged perpetrator) to the Title IX Coordinator. A report to these employees (called “Responsible Employees”) constitutes a report to the College - and generally obligates the College to investigate the incident and take appropriate steps to address the situation.
- Other employees (employees that are neither Counseling Employees or Responsible Employees) may talk to a victim in confidence, and report to the College that an incident occurred without revealing any personally identifying information. Disclosures to these employees will not necessarily trigger a College investigation into an incident against the victim’s wishes.
This policy is intended to make all persons, including students and their parents, if appropriate, aware of the various means of reporting and confidential policies available to them - so they can make informed choices about where to turn should they become a victim of Sexual Violence and so they will know how to report any problems which may subsequently arise.
a. Reporting Required - All College faculty and staff must be aware of their own reporting responsibilities and the importance of informing Complainants of (a) the reporting requirements of Responsible Employees, (b) Complainants’ option to request confidentiality and available confidential advocacy, counseling, or other support service, and (c) Complainants’ right to file a Title IX complaint with the College and to report a crime to campus or local law enforcement. All Responsible Employees shall report incidents of Sexual Violence to the Title IX Coordinator, subject to the exemption for the College’s Counseling Employees.
b. Responsible Employees - Responsible Employees shall report to the Title IX Coordinator all relevant details about the alleged Sexual Violence that the student or other person has shared and that the College will need to determine what occurred and to resolve the situation. Before a person reveals information that the person wishes to keep confidential, a Responsible Employee should make effort to ensure that the victim understands: (a) the Responsible Employee’s obligation to report the names of the alleged perpetrator and victim involved in the alleged Sexual Violence, as well as relevant facts regarding the alleged incident to the Title IX Coordinator or other appropriate College officials, (b) the victim’s option to request that the College maintain the victim’s confidentiality which the College will consider, and (c) the victim’s ability to share the information confidentially with counseling, advocacy, health, mental health, or sexual-assault-related services. Collegium members and all Responsible Employees shall report the names of the alleged perpetrator (if known), the person(s) who experienced the alleged Sexual Violence, others involved in the alleged Sexual Violence, as well as relevant facts, including the date, time and location to the Title IX Coordinator. Responsible Employees do not need to determine whether the alleged Sexual Harassment or Sexual Violence actually occurred or that a Hostile Environment has been created before reporting an incident to the Title IX Coordinator.
c. Requests for Confidentiality - Upon receipt of a complaint of Sexual Violence, the College must act immediately to protect the Complainant while keeping the identity of the Complainant as confidential as reasonably possible. The Title IX Coordinator and other appropriate College personnel shall determine, consistent with state and local law, whether appropriate law enforcement or other authorities should be notified. The coordinator shall evaluate requests for confidentiality and determine when such requests shall be honored. The coordinator shall make reasonable efforts to respect requests for confidentiality. In the event the College determines that it can respect the Complainant’s request for confidentiality, the College shall take all reasonable steps to respond to the complaint consistent with the request and to determine what interim measures are appropriate or necessary. In the event the College determines it must disclose the Complainant’s identity to an alleged perpetrator, the College shall inform the Complainant prior to making the disclosure.
d. Reporting Options - Complainants may use any combination of the following options to report Sexual Misconduct:
1. Criminal Complaint - Criminal complaints are filed with local law enforcement officials and the College is not involved in that process. Criminal complaints can be filed with the following agencies:
Berea City Police: 859-986-8456
Kentucky State Police: 859-623-2404
2. Institutional Complaint - Institutional complaints are filed with the College, and upon receipt of the complaint, the College will initiate an investigation by the College in accordance with this policy. If you wish to file an institutional complaint, you may file a complaint with the Title IX Coordinator. The names and contact information for the College’s Title IX Coordinator and assisting Title IX Officers are:
Institutional complaints can also be filed with the following offices:
Labor and Student Life: 859-985-3158
Public Safety: 859-985-3333
Human Resources: 859-985-3070
3. Report to Responsible Employees - Reports made to Responsible Employees, including Collegium members are required by federal law to be relayed to the College’s Title IX Coordinator and will initiate an investigation by the College in accordance with this policy. Responsible Employees are identified in Section 5. Responsible Employees can be found around campus. The Title IX Coordinator is a Responsible Employee. You can report Sexual Misconduct to any responsible employee.
4. Privileged and Confidential Reporting - Either as an alternative to the reporting options listed above or in lieu of reporting Sexual Misconduct to the individuals or offices listed above, persons may make privileged and confidential reports of Sexual Misconduct to certain health or mental health providers or to certain pastoral counselors. Reports to these persons are privileged and will remain confidential so long as the alleged perpetrator does not represent a threat to his/herself or to others. Privileged and confidential reports may be made to:
Off Campus Health Provider and Contact Information:
White House Clinic: 859-985-1415 *After hours/holidays, call St. Joseph Hospital (859-986-3151) and ask for the Physician on-call for Berea College health services
On Campus Mental Health Care Provider and Contact Information:
Counseling Services: 859-985-3212 (on-campus, extension 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.
Off Campus Mental Health Care Provider and Contact Information:
Bluegrass Rape Crisis Center: 1-800-656-4673
Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367
On-Campus Pastoral Counselor and Contact Information:
College Chaplains (in the Campus Christian Center) – 859-985-3134 (on-campus, extension 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain
Reports of Sexual Misconduct may be made by third parties (individuals who were not the alleged victim or perpetrator) or anonymously to the Title IX Coordinator or any other Responsible Employee. Requests for amnesty from drug, alcohol, and other student conduct policies should be directed to the Title IX Coordinator who shall consider the request and make a recommendation to the President or Vice President for Labor and Student Life if the coordinator believes the request should be approved in order to further the objectives of this policy. The President or Vice President for Labor and Student Life may approve or disapprove the request after considering all of the College’s interests.
e. Reporting under the Clery Act - The College has various reporting obligations under the Clery Act which promotes campus safety by ensuring that students, employees, parents and the broader community are well-informed about important public safety and crime prevention matters. Details about the College’s reporting obligations under Clery may be obtained at:
https://www.notalone.gov/assets/ferpa-clerychart.pdf.
Depending on the circumstances, the Clery Act may also require the College to issue timely warnings to the campus community about crimes that have already occurred but may continue to pose a serious or ongoing threat to students and employees. Certain Campus Security Authorities (CSAs) are required to report information gathered during the investigation of criminal activity. These CSAs include Berea College Public Safety Officers and local law enforcement officers. These CSAs will typically be required to document incidents in a fashion that contains personally identifiable information about the parties involved and witnesses. Other CSAs, such as College officials, are not typically required to report personally identifiable information.