Student Handbook 2024-25 > Sexual and Interpersonal Misconduct and Title IX Policy and Procedure > VII Mandatory Reporting and Confidential Employees

VII Mandatory Reporting and Confidential Employees

Mandatory Reporters

A Mandatory Reporter is any employee who is not a confidential employee and who either has authority to institute corrective measures on behalf of Olin College or has responsibility for administrative leadership, teaching or advising. Mandatory Reporters are expected to promptly report all known details of actual or suspected sex discrimination, sex-based harassment, retaliation, and/or other Prohibited Conduct to appropriate officials immediately, although there are some limited exceptions.  Supportive measures may be offered as the result of such disclosures without formal Olin College action.

Failure of a Mandatory Reporter, as described above in this section, to report an incident of sex discrimination, sex-based harassment, or retaliation of which they become aware is a violation of Olin College Policy and can be subject to disciplinary action for failure to comply/failure to report. This also includes situations when a harasser is a Mandatory Reporter. Such individuals are obligated to report their own misconduct, and failure to do so is a chargeable offense under this Policy.

A Mandatory Reporter who is themselves a target of discrimination, harassment, or other misconduct under this Policy is not required to report their own experience, though they are, of course, encouraged to do so.

Complainants may want to carefully consider whether they share personally identifiable details with Mandatory Reporters, as those details must be shared with the Title IX Office.

If a Complainant expects formal action in response to their allegations, reporting to any Mandatory Reporter can connect them with resources to report alleged crimes and/or Policy violations, and these employees will immediately pass Notice to the Title IX Office (and/or police, if desired by the Complainant or required by law), who will act when an incident is reported to them.

All other employees (including student employees) who are not confidential employees and not covered above, must provide the contact information of the Title IX Coordinator and information about how to make a Complaint of sex discrimination to any person who provides the employee with information about conduct that reasonably may constitute sex discrimination under this Policy.

Confidential Employees

The following sections describe Olin College’s confidential options for a Complainant or third party (including parents/guardians when appropriate). There are three categories of Confidential Employees:

1) Those with confidentiality bestowed by law or professional ethics, such as lawyers, medical professionals, clergy, and mental health counselors;

2) Those whom Olin College has specifically designated as Confidential Resources for purposes of providing support and resources to individuals affected by Prohibited Conduct; and

3) Those conducting human subjects research as part of a study approved by the College’s Institutional Review Board (IRB).  

For those in category 1), above, to be able to respect confidentiality, they must be in a confidential relationship with the person reporting, such that they are within the scope of their licensure, professional ethics, or confidential role at the time of receiving the Notice. These individuals will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor, elder, or individual with a disability, or when required to disclose by law or court order.

To enable Complainants to access support and resources without filing a Complaint, Olin College has designated specific employees as Confidential Resources. Those designated by Olin College as Confidential Resources are not required to report actual or suspected sex discrimination, sex-based harassment, or retaliation in a way that identifies the Parties. They will, however, provide the Complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency or Olin College official unless a Complainant has requested the information be shared.

If a student/employee/patient/client discloses information to a Confidential Employee acting within the scope of such role conduct that reasonably may constitute Prohibited Conduct, the Confidential Employee must and will explain the following to the student/employee patient/client:

• The employee’s status as confidential for purposes of this policy, and that they will not report information about conduct that reasonably may constitute Prohibited Conduct to the Title IX Coordinator without the individual’s permission;
• How to contact the Title IX Coordinator and how to make a complaint of sex discrimination;
• That the Title IX Coordinator may be able to offer and coordinate supportive measures, as well as initiate a Resolution Process under this Policy;
• Reporting options and the effects of each option;
• Counseling services available on campus and through a local, community-based rape crisis center or domestic violence program;
• Medical and health services available on campus and off campus;
• The College’s disciplinary process;
• The legal process carried out through local law enforcement agencies;
• Provide notice of their rights;
• Provide notice of the institution’s responsibilities regarding a protection order, no contact order and any other lawful orders issued by the institution or by a criminal, civil or tribal court.

Confidential Employees will receive training on the awareness and prevention of sexual misconduct and in trauma-informed response, and will assist the reporting party with requested Supportive Measures including:

• Coordinating with any on-campus and off-campus sexual assault crisis service center or domestic violence program;
• If directed by the reporting party, contacting campus or local law enforcement;
• Contacting the appropriate College personnel to arrange College-based Supportive Measures as described in this Policy. Supportive Measures do not require a report to the Title IX Coordinator.

Confidential Employees may attend meetings and proceedings under this Policy as the advisor or support person of the student’s or employee’s choice.

A College Confidential Resource will not provide services to adverse parties in an incident of Prohibited Conduct and shall ensure confidentiality is maintained. Confidential Employees will not be required to report an incident to the College or a law enforcement agency unless otherwise required to do so by state or federal law.

Unless otherwise required by state or federal law, a Confidential Employee will not disclose confidential information without the prior written consent of the student/employee/patient/client who shared the information; provided, however, that nothing in this section shall limit a responding party’s right of cross examination of the Confidential Employee in a civil or criminal proceeding if the Confidential Employee testifies after being given written consent to do so by the party. A confidential communication shall not be subject to discovery and shall be inadmissible in a criminal or civil proceeding without the prior written consent of the party who shared the information.

Information provided to Confidential Employees shall not be released to a campus official or law enforcement officer or agency unless written consent has been given by the reporting party.

Confidential Employees will not act as a counselor or therapist unless they hold a valid and applicable license under Massachusetts law and the reporting party engages the confidential resource provider in that capacity. The privileges available under Massachusetts law shall apply to all information received by a confidential resource provider.

Employees who have confidentiality as described above, and who receive Notice within the scope of their confidential roles will timely submit anonymous statistical information for Clery Act statistical reporting purposes unless they believe it would be harmful to the student, employee, client, patient, or parishioner.

Off-Campus Confidential Resources

In addition, Complainants may speak with individuals unaffiliated with Olin College without concern that their policies will require them to disclose information to the College without permission. Examples of outside confidential resources include but are not limited to:

• Licensed professional counselors and other medical providers
• Local rape crisis counselors
• Domestic violence resources
• Local or state assistance agencies
• Clergy/Chaplains