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III. Reporting Obligations, Options and Considerations

In this policy, the following terms and definitions will be used:

  • Report – any complaint or information provided to the Title IX Coordinator,  or another person specified in this Policy as an Official with Authority to Take Corrective Action (OWA) regarding an incident of sexual misconduct, whether provided by the person experiencing the incident of sexual misconduct, a third party, or another.
  • Complainant – the individual who reports to have experienced or is reported to have experienced an incident of sexual misconduct.
  • Respondent– an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or sexual misconduct.

The College strongly encourages persons who experience any incident of sexual misconduct to report the incident as soon after the incident as possible. A Complainant has the right and can expect to have incidents of sexual misconduct taken seriously by the College when reported. Only people who need to know will be told and information will be shared only as necessary with investigators, witnesses, and the Respondent.

Different people on campus have different reporting responsibilities and different abilities to maintain confidentiality under Title IX and College policy, depending on their roles. When consulting campus resources or speaking with someone at the College about sexual assault, you should be aware of confidentiality  and mandatory reporting as required by law in order to make informed choices.

**Reports Involving Minor Children

Under Kentucky law (KRS 620.030), any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately cause an oral or written report to be made to a local law enforcement agency or to the Department of Kentucky State Police, the Kentucky Cabinet for Health and Family Services or its designated representative, the Commonwealth's attorney, or the county attorney, by telephone or otherwise. Any supervisor who receives from an employee a report of suspected dependency, neglect, or abuse shall promptly make a report to the proper authorities for investigation.  The Title IX Coordinator, with support from other appropriate offices as necessary, will help determine appropriate next steps. All authorities designated under state law, such as law enforcement and/or child protective services, will be notified as required. The minor’s parent or guardians will be notified.

Anyone participating in a College-affiliated program or activity involving minors or a non-College program or activity operating on campus involving minors who knows, suspects, or receives information indicating that a minor has been abused or neglected, or who has other concerns about the safety of minors, in addition to complying with legal obligations to inform public authorities, as detailed above, MUST inform the College’s Title IX Coordinator, Kay Drake, by calling 859-238-5467, by visiting her office in Horky House, or by emailing her at kay.drake@centre.edu

If you are unsure of someone’s duties and ability to maintain the confidentiality of your conversations, ask them before you talk to them. They will be able to tell you, and help you make decisions about who can best assist and/or support you.

Responsible Employees

Certain employees at the College are considered “Responsible Employees” under Title IX, which means that they are employees who are required to report any alleged sexual misconduct incidents to the Title IX Coordinator, but that they are not deemed OWAs because the College has not conferred upon them authority to take corrective action to end the discrimination or to redress the sexual harassment.  As stated above, however, all employees are required to report known or suspected incidents of sexual abuse of a minor to the Title IX Coordinator and/or Department of Public Safety.

The following are Responsible Employees under this Policy:

  • The President of the College;
  • All members of the senior administration (vice presidents, associate vice presidents, deans, athletic director, special and executive assistants to the president, and the chief communications officer);
  • The Title IX Team;
  • All employees within the Department of Public Safety;
  • The Student Life Office members;
  • Resident Assistants and Residence Directors;
  • The Athletics Department;
  • The Human Resources Office;
  • All Faculty.

To formally report an incident of sexual misconduct and/or related concern, you must provide the Report to the Title IX Coordinator or any other person identified as an OWA (Official with Authority to Take Corrective Action). Once the Title IX Coordinator or any OWA receives a Report from anyone of sexual harassment, the Title IX Coordinator will reach out to the person who is identified as the Complainant, offer supportive measures and explain how to file a formal complaint.  Supportive measures include individualized services reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party, designed to ensure equal educational access, protect safety, or deter sexual misconduct.  Supportive measures are available regardless of whether the Complainant files a Formal Complaint or takes other action. The Title IX Coordinator will consider the complainant’s wishes regarding supportive measures.  

Once in receipt of a Report, the Title IX Coordinator or an OWA will provide information about similar measures, such as existing services and potential accommodations or protective measures, how the institution will protect confidentiality, the importance of preserving evidence, and options about the involvement of law enforcement.

You may also inform any of the Responsible Employees, listed above.  Because the College is required by law to investigate these matters, all Responsible Employees must report any claims or incidents arising under the Sexual Misconduct Policy to the Title IX Coordinator. 

Notice to a Responsible Employee will not be considered “actual notice” to the College unless and until the Responsible Employee notifies the Title IX Coordinator or someone designated as an OWA. Once an individual, including an individual who is not an OWA, reports potential sexual harassment to the Title IX Coordinator or any OWA, the College has actual knowledge and its obligation to take action is triggered.

Confidentiality

Once the College has received a Report or Formal Complaint of possible sexual misconduct, complete confidentiality may not be possible.  The College is required by law to protect the safety of its campus and its campus community.  When the College receives a Report of sexual misconduct, it has a legal obligation to respond in a timely and appropriate manner. Reasonable attempts will be made to preserve confidentiality.  Publicly available records will not contain personally identifiable information. Only those employees with a legitimate need-to-know will be kept apprised of  details. When a Formal Complaint is filed and an investigation begins,  Complainants and Respondents are required to have equal access to review any evidence that are directly related to the allegations in the Formal Complaint. Additionally, the College may not restrict the ability of the Complainant or the Respondent to discuss the allegations or to gather or present relevant evidence. and any third-parties involved in an investigation will be advised of the need to preserve confidentiality. 

However, based on information gathered, the College may determine that it has a responsibility to initiate an investigation or a complaint procedure (even without the Complainant’s participation). The College will balance any requests for confidentiality against the responsibility to provide a safe and nondiscriminatory environment for all students, staff, and faculty.  Complete confidentiality could handicap the College’s ability to conduct a thorough investigation of the allegations and to fulfill its legal obligations to the parties.  The College is required to investigate all reports of sexual abuse of a minor and all reports of sexual abuse of a student of the College by a member of the faculty or staff or other non-students.

The Title IX Coordinator will evaluate all requests for confidentiality to determine the extent to which the College can preserve confidentiality and forego a formal investigation while still satisfying its obligations under Title IX and this Policy.  In determining whether a Reporting Party’s request for a report of sexual misconduct can be kept confidential or not be acted upon, Centre College will consider multiple factors, including:

  • whether the incident involved the use of a weapon;
  • if there have been other reports of misconduct committed by the accused student;
  • whether the incident involved multiple perpetrators;
  • whether the incident suggests a pattern of misconduct at a particular location or by a particular organization or person;
  • the risk of harm to self or others; or
  • the Complainant's willingness to pursue a complaint.

When the College is obligated to provide the College community with timely warnings, names of the individuals are not used and every effort will be made to remove identifying information.

Confidential Disclosure

Despite the College’s strong interest in having individuals report allegations of sexual misconduct, the College realizes that not every individual is prepared to make a Report to or to file a Formal Complaint with the College.

The College has designated certain specific persons as confidential resources for individuals who prefer to speak with someone confidentially about their concerns.  These confidential resources will not tell anyone else your private, personally identifiable information unless there is cause for fear for your safety, or the safety of others, or if the sexual misconduct reported involves a minor.

If you want details of the incident to be kept confidential, you should speak with one of the following confidential resources:

  • Centre College Counselors;
  • the College Chaplain;
  • Parsons Student Health Center staff; and/or
  • Off-campus mental health providers or rape crisis providers (even if they are providing services on campus, they are considered providers from outside the College, and are, therefore, confidential resources). 

Persons in these positions are not required to disclose any personally identifiable information given in confidence, unless given permission by the individual, the allegations involve the physical or sexual abuse of a child or vulnerable adult, or there is an imminent threat to the life of any person.  (On-campus Confidential resources will submit non-identifying, anonymous information about violations of this Policy to the Department of Public Safety for purposes of legally required statistical reporting under the Clery Act.)

Reports to Law Enforcement

As noted above, Complainants are strongly encouraged to notify local law enforcement authorities of any criminal sexual misconduct.  Individuals will be assisted, upon request, in notifying law enforcement by the Department of Public Safety or the Title IX Coordinator.  They can assist you with making claims, petitioning for restraining orders, and/or advising on other legal options that may be available to you. If requested, they will accompany you to the police station. Ampersand (formerly known as the Bluegrass Rape Crisis Center) can also assist with restraining orders, legal resources, or accompany to the police department.

Note that if you choose only to communicate with a confidential resource and do not notify an Official with Authority to Take Corrective Action (OWA) or law enforcement, no further action will be taken.

 

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