Reporting Expectations for Employees, Volunteers, and Students Leaders

Owned by jbelz
Last updated: Jul 14, 2023 by Kaleb Garcia
8 min read

Introduction

This policy describes the obligations of Seattle Pacific University (“SPU”) employees, volunteers, and students to report certain types of crimes and sexual misconduct to SPU officials. This policy is intended to promote the safety of the SPU community and to comply with requirements imposed on SPU by federal law, state law, and liability insurance carriers.

Failure to follow these expectations could endanger the SPU community. Also, SPU students, employees, and volunteers who fail to follow this policy may be subject to discipline by SPU (which could include termination of employment, removal from a position, or dismissal/suspension/expulsion) and may expose themselves and SPU to legal liability. SPU generally will not indemnify an employee against any legal claims that arise out of, or are related to, the misconduct that the employee failed to report by not following this policy.

Retaliation against anyone who makes a good faith report under this policy is prohibited and is subject to discipline.

Definitions

For purposes of this policy, the following definitions apply:

  • “Child” or “Minor” means an individual who is less than 18 years old.
  • “Child Molestation” means any actual or alleged illegal or otherwise wrongful sexual conduct with a Minor.
  • “Employee” means any employee of SPU other than a Student Employee.
  • "Hazing" means any act committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with a student organization, athletic team, or living group, or any pastime or amusement engaged in with respect to such an organization, athletic team, or living group that causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student or other person attending SPU, including causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance which subjects the person to risk of such harm, regardless of the person's willingness to participate. "Hazing" does not include customary athletic events or other similar contests or competitions.
  • “Serial Non-Student Sexual Misconduct” means any actual or alleged illegal or otherwise wrongful sexual conduct (a) with more than one victim, and (b) committed by or alleged to have been committed by any perpetrator who is not a student of SPU.
  • “Sexual Harassment,” “VAWA Offense,” “Sexual Assault,” “Dating Violence,” “Domestic Violence,” and “Stalking” have the meanings assigned in the Title IX Sexual Harassment and Related Conduct Policy.
  • “SPU Response Team” means the individuals identified as Response Team members on SPU's Report a Concern webpage.
  • “Student Employee” means an SPU student who is employed by SPU through SPU’s student employment program.
  • “Student Leaders” means all Resident Advisors (RAs), Student Ministry Coordinators (SMCs), and ASSP Officers.
  • “Volunteers” are individuals who provide voluntary service to SPU.

Who is Obligated to Make Reports

This section lists SPU’s reporting rules for crimes and sexual harassment and related conduct. Because these rules are intended to satisfy requirements imposed by a variety of laws and by SPU’s liability insurance carriers, the rules consist of several parts, some of which are overlapping. The rules are organized below according to position: Employees, Volunteers, and Student Employees and Student Leaders.

  1.   Employees
    1. Title IX Responsible Employees
      1. All Employees who are Title IX Responsible Employees are required to report all incidents of sexual misconduct that occur on SPU property, that occur off-campus at an SPU event or activity, or where the suspected offender is an SPU student, employee, volunteer, or guest.
      2. For this purpose, “sexual misconduct” means any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. Sexual misconduct includes but is not limited to Child Molestation.
      3. All Employees are Title IX Responsible Employees, except for professional counselors, pastoral counselors, and Health Center staff. However, professional counselors, pastoral counselors, and Health Center staff are still required to report any Child Molestation as required by state law. 
      4. For more information, including definitions of the terms “pastoral counselor” and “professional counselor,” see the Title IX Sexual Harassment and Related Conduct Policy.
    2. Campus Security Authorities
      1. Employees designated as “Campus Security Authorities” (or “CSAs”) are required to promptly report certain types of crimes occurring on or near campus. The Office of Safety and Security (“OSS”) will notify Employees and students who are CSAs.
      2. Pastoral counselors and professional counselors are not considered campus security authorities when acting in their roles as pastoral or professional counselors. However, professional counselors and pastoral counselors are still required to report any Child Molestation and are encouraged to report any sexual misconduct allegedly committed by an Employee or Volunteer.
      3. CSAs must report all “Clery Act crimes” that occur (1) on campus, (2) on public property adjacent to and accessible from on-campus property, or (3) at off-campus buildings or property owned or controlled by SPU. A list of “Clery Act crimes” and other details about CSA responsibilities are included in the Campus Security Authorities FAQ document.
    3. State Law Mandatory Reporters
      1. Washington state law imposes obligations on various people to report abuse or neglect of Minors (see RCW 26.44.030) and to report abandonment, abuse, financial exploitation, or neglect of vulnerable adults (see RCW 74.34.035). In each case, sexual assault (of a Minor or a vulnerable adult) is required to be reported.
      2. While the legal definitions are not entirely clear, it is likely that many SPU employees would be considered mandatory reporters under one or both state laws. For example, both laws require reporting by “professional school personnel,” and the child abuse and neglect law requires reporting by “administrative and academic or athletic department employees, including student employees, of … private institutions of higher education.”
      3. Reports of child abuse or neglect must be made at the first opportunity, but in no case longer than forty-eight hours, after there is reasonable cause to believe that the child has suffered abuse or neglect. Reports of vulnerable adult abuse generally must be made immediately.
      4. Reports of child abuse or neglect can be made to the Washington State Department of Children, Youth, and Families. For more information, see https://www.dcyf.wa.gov/safety/report-abuse.
      5. Reports of vulnerable adult abuse can be made to the Washington State Department of Social and Health Services. For more information, see https://www.dshs.wa.gov/altsa/home-and-community-services/report-concerns-involving-vulnerable-adults.
      6. Employees who are required to make reports under Washington state law are expected to fulfill their legal obligations. Any time an Employee makes a report under Washington state law as described above the Employee should also make a report to SPU administrators as described below.
  2. Volunteers
    1. All Volunteers are required to report the following incidents they learn about in connection with providing volunteer service to SPU:
      1. All sexual misconduct (including all Child Molestation) that (i) is committed by or against any SPU student, Employee, or Volunteer, (ii) occurs on any property owned or controlled by SPU, or (iii) occurs at or in connection with any SPU sponsored event or activity; and
      2. Regardless of whether the Volunteer is a CSA, all crimes that (i) are committed by or against any SPU student, Employee, or Volunteer, (ii) occur on any property owned or controlled by SPU, or (iii) occur at or in connection with any SPU sponsored event or activity.
    2. In addition, if a Volunteer is required to make any report to law enforcement officials or a state agency about child abuse or neglect (pursuant to RCW 26.44.030) or about vulnerable adult abandonment, abuse, financial exploitation, or neglect (pursuant to RCW 74.34.035) that relates to any information learned while volunteering with SPU, the Volunteer is expected to make such a report. A Volunteer must also immediately notify SPU of any report made by the Volunteer to a law enforcement official or state agency about child abuse or neglect or about vulnerable adult abandonment, abuse, financial exploitation, or neglect.
    3. Notwithstanding anything to the contrary, if a Volunteer is a pastoral counselor or a professional counselor, the Volunteer is exempted from mandatory reporting to the same extent an Employee would be under this policy who is a pastoral counselor or professional counselor, respectively. For the avoidance of doubt, for purposes of the preceding sentence, a Volunteer who is a counseling intern or extern at the University’s Student Counseling Center will be treated as a professional counselor while performing activities as a volunteer in such role.
  3. Student Employees and Leaders
    1. All Student Employees and Student Leaders must report the following incidents that they learn about in connection with working as a Student Employee or Student Leader of SPU:
      1. All sexual misconduct (including all Child Molestation) that (i) is committed by or against any SPU student, Employee, or Volunteer, (ii) occurs on any property owned or controlled by SPU, or (iii) occurs at or in connection with any SPU sponsored event or activity; and
      2. If the Student Employee or Student Leader has been designated as a CSA by the Office of Safety and Security, all “Clery Act crimes” that occur (1) on campus, (2) on public property adjacent to and accessible from on-campus property, or (3) at off-campus buildings or property owned or controlled by SPU. A list of “Clery Act crimes” and other details about CSA responsibilities are included in the Campus Security Authorities FAQ document.
    2. Student Employees and Student Leaders may be obligated by law to report to state agencies child abuse or neglect (pursuant to RCW 26.44.030) or vulnerable adult abandonment, abuse, financial exploitation, or neglect (pursuant to RCW 74.34.035) (see “State Law Mandatory Reporters” discussion above under “Employees”). If a Student Employee or Student Leader makes any report as described in the preceding sentence that relates to any information learned or observed in connection with working as a Student Employee or Student Leader, then the Student Employee or Student Leader must also immediately make a report to SPU.

In addition, all SPU students, Employees, and Volunteers are encouraged to promptly report crimes occurring on or near campus. Students, Employees, and Volunteers will not be disciplined for choosing not to report incidents where they are the victim of sexual misconduct, but they are still encouraged to report such incidents so that SPU can identify available support resources and evaluate whether the reporter or others on campus may be at risk of further harm.


When and How to Make a Report

This section summarizes how to make reports that are required by this policy to SPU officials. All reports should be made to SPU officials as soon as possible.

  • Crimes
    • Reports of crimes can be made by calling the Office of Safety and Security (“OSS”) at 206-281-2911 or by using the SPU Report a Concern Form.
    •  In addition to the options above, Volunteers, Student Employees, and Student Leaders may also notify the SPU staff or faculty member who is such person’s supervisor (for Volunteers or Student Employees) or advisor (for Student Leaders) about crimes, in which case the supervisor or advisor should immediately make the report by calling the OSS or by using the SPU Report a Concern Form.
  • Sexual Misconduct
    • Reports of crimes can be made by contacting a member of the SPU Response Team or by using the SPU Report a Concern Form.
    •  In addition to the options above, Volunteers, Student Employees, and Student Leaders may also notify their supervisor (for Volunteers or Student Employees) or advisor (for Student Leaders) about sexual misconduct, in which case the supervisor or advisor should immediately make the report by contacting a member of the SPU Response Team or by using the SPU Report a Concern Form.
  • Hazing
  • Child Molestation & State Law Mandatory Reports
    • Notwithstanding the options listed above for crimes and sexual misconduct, reports of Child Molestation and notification of any other state law mandatory report to the University should be made by calling OSS (206-281-2911) or Cheryl Michaels (206-281-2625).
    • Volunteers, Student Employees, and Student Leaders may also notify their supervisor (for Volunteers or Student Employees) or advisor (for Student Leaders) of Child Molestation or other state law mandatory reports, in which case the supervisor or advisor should immediately call the OSS or Cheryl Michaels.