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REPORTING RESPONSIBILITIES  

Responsible Employees, Mandated Reporters & Confidential Employees

Stony Brook University wants to ensure that every member of our University Community who asks for help following an incident of sexual violence gets the help they need.

 

Am I Required to Report?

Report to OEAImmediate Danger?   Contact Police

Responsible  Employees & Mandated Reporters

Required to Report to OEA

In no event should the reporting individual be told that your conversation will be confidential.

Responsible Employees and Mandated Reporters are required to report all incidents of sexual misconduct, including sexual harassment and violence, that they become aware of during their tenure as responsible employees (or mandated reporters).

All details concerning the incident and information regarding parties or witnesses to the incident, must be reported.

Confidential Employees 

Must (Usually) Maintain Confidence

Must provide information on reporting.

Confidential employees must hold information in confidence that they become aware of in the scope of their employment as a confidential employee.

In circumstances outside of the scope of their employment as a confidential employees, they are encouraged or may be  required to report.

Other Community Members

Encouraged to Report to OEA

Must provide information on reporting.

To best ensure a safe and non-discriminatory environment for everyone in our University community, we want everyone who experiences or becomes aware of sexual misconduct and who does not have a duty of confidentiality, to report it.

 

Responsible Employees

Definition

Any employee who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct to the Title IX Coordinator or other appropriate school designees; or any employee whom a community member could reasonably believe has this authority or duty.

The following are examples of Responsible Employees:

  • Senior Administrators (Directors and above and in the hospital, Nurse Managers and above)
  • Chairs of Academic Department
  • Supervisors
  • Ombudsmen
  • Quad Directors
  • Residence Hall Directors
  • Athletics Coaching Staff
  • University Recognized Sport Club Coaches
  • Deputy Title IX Coordinators
  • Academic Faculty Members
  • Professional Staff In Academic Advisement, Career Services, Continuing Education, Financial Aid, Instructional Support, Athletics or Student Activities or Affairs

It is important to not that Stony Brook is obligated to investigate all discrimination claims, including cases of sexual misconduct and sexual violence.   Although only certain individuals are required to report, we are highly encourage all members of the University commuicty to report any such incidents.

 

Role of Responsible Employee

Screenshot of Responsible Employee Title Page

Take Responsible Employee Training

Mandated Reporters

Definition

Student-employees who have first-line access to students in the scope of the role as a student-employee.

  • Resident Assistants
  • Teaching Assistants
  • Graduate Assistants
  • Other student-employees that have been designated as Mandated Reporters by their supervisor or department.

 

Role of Mandated Reporter

 

Confidential Employees

Definition

Confidential employees must maintain confidentiality with respect to any information disclosed to them in the scope of their role as a legally bound confidential professional.  This would include any information disclosed regarding an incident of sexual misconduct.  This means that anyone who is involved in a sexual misconduct investigation who speaks to a confidential employee in their role as a legally bound confidential professional can be assured that their information will not be shared with anyone else without their explicit consent, except in certain limited circumstances such as when there is an imminent threat of harm.

The following are examples of Confidential Employees:

  • Licensed medical professionals 
  • Licensed mental health professionals
  • Employees of Interfaith Center 
  • Employees of Student Health Service
  • Employees of Center for Prevention and Outreach (CPO)
  • Employees of Counseling and Psychological Services (CAPS)

 

"In the Scope of Their Role..."?

Not all confidential employees will be confidential resources in all circumstances.  For example, a licensed registered nurse or doctor in the University Hospital may treat patients and also supervise other hospital staff.   Their role as confidential employee only extends to communications during their role treating patients.   If a licensed medical professional, or other confidential employee, becomes aware of an incident of sexual misconduct outside of their role as a licensed medical professional, no patient confidentiality attaches.  In these circumstances, they are encouraged to report the incident to OEA.   

If a confidential employee is also a senior administrator or supervisor, they may also be a responsible employee. As described above, when information regarding sexual misconduct is disclosed to a confidential employee in a circumstance outside of their role as a legally-bound professional, they are not bound by confidentially.   When they are also a senior administrator or supervisor, or any other role that qualifies as a responsible employee, they would be required to report the incident to OEA. 

Other Community Members

Many employees, students, and other members of the University Community are neither Responsible nor Confidential Employees.    Although these individuals are not required to report, we encourage all members of our University Community to report all incidents of  sexual misconduct to OEA.   

What Should I Do If Someone Comes to Me?

  1. Inform: If you have an obligation to report, inform the Reporting Individual of your role before they disclose information that you are required to report.
  2. Listen: Listen to what they have to say.  Be empathetic but impartial.  Do not question the individual or try to elicit more information than they are willing to volunteer.
  3. Safety: Call the Police if anyone not safe or has no safe place to go.   UPD - 333 from a campus phone or 631-632-3333 from a non-campus phoneNot on campus?  DIAL 911
  4. Medical Attention: SANE Center (Stony Brook ER) Provides free medical services for 108 hours (4.5 days) after an assault.  Free medical services are also available at Student Health Services.
  5. Resources: CAPS, CPO, Survivor Advocate, Interfaith Center – these are all confidential resources on-campus.  A list of on-campus and off-campus resources is available on this website.  
  6. Report: Report the information disclosed to the OEA as soon as possible.
  7. Respect: Respect the Reporting Individual’s privacy and the privacy of anyone else who may be mentioned in the reporting individual’s account.   Report information only to OEA and/or UPD and, when necessary, a supervisor or head of the department.  Do not report the information to colleagues or other students. 
  8. Do Not Investigate, Warn, Discipline, or Sanction:  Information should be relayed to OEA or UPD.  Do not attempt to question, warn or sanction anyone else mentioned in the reporting individual's account.  
You have the right to make a report to University Police, local law enforcement and/or state police or choose not to report; to report the incident to the University, to be protected by the University from retaliation for reporting an incident; and to receive assistance and resources from the University.

N.Y. Educ. Law 129-B §6444 

Stony Brook offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible.  The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

N.Y. Educ. Law § 129-B §6446

At Stony Brook University, we value all students, employees, and job candidates as unique individuals, and we welcome the variety of experiences they bring to our institution. As such, we have a strict non-discrimination policy. It is the policy of Stony Brook University not to discriminate on the basis of race, color, national origin, religion, sex, pregnancy, familial status, sexual orientation, gender identity or expression, age, genetic information, disability, protected veteran status, or any other characteristic protected by law.

Stony Brook University Notice of Non-Discrimination