Duty to Report

Aug 17, 2020

Duty to Report

Miami University does not discriminate on the basis of age, color, disability, gender identity or expression, genetic information, military status, national origin (ancestry), pregnancy, race, religion, sex/gender, status as a parent or foster parent, sexual orientation or protected veteran status, or any other basis protected by law (Protected Class), in its educational programs or activities which includes employment.

Miami University requires all University employees who become aware of alleged discrimination or harassment to report it to the appropriate office (as indicated below) in order to promote a University environment free from discrimination and harassment and to promote equal employment opportunity.  Miami University prohibits discrimination and harassment based on the aforementioned Protected Classes in accordance with the law, applicable executive order, and University policy, which include, but are not limited to: Title VI and Title VII of the Civil Rights Act of 1964, Executive Order 11246 (1965), Age Discrimination in Employment Act of 1967, Title IX of the Education Amendments of 1972, Rehabilitation Act of 1973, Vietnam Era Veterans’ Readjustment Assistance Act of 1974, Age Discrimination Act of 1975, Pregnancy Discrimination Act of 1978, Americans with Disabilities Act of 1990, Genetic Information Nondiscrimination Act of 2008, Ohio Revised Code Section 4112, Ohio Executive Order 2019-05D, Policy Prohibiting Harassment and Discrimination, Sexual Misconduct Protocol for Employees and Other Non-Students and the Interim Sexual Misconduct Protocol for Students, and any other laws or applicable executive orders related to equal opportunity.

The duty to report includes administrators, supervisors, managers, faculty and staff.  Graduate Assistants (GAs), Resident Assistants (RAs), Student Orientation Undergraduate Leaders (SOULs) and student managers in Campus Services are also required to report.

Exemptions:

  1. Employees with a legal privilege of confidentiality under Ohio law (including doctors and licensed counselors acting in their capacity as counselors) are not required to report when the information is obtained in the course of a confidential communication.
  2. Employees are not required to report information disclosed at public awareness events (e.g., “Take Back the Night,” “candlelight vigils,” “survivor speak-outs”) or other public forums or discussions in which individuals do not intend to make a report of a sexual misconduct violation. Information about available University and community resources and support should be provided at public awareness events. In the classroom, instructors should remind students that faculty are required to report sexual misconduct violations and any report that is not general or hypothetical may be required to be reported. This exemption only applies to reports pursuant to the Sexual Misconduct Protocol for Employees and Other Non-Students and the Interim Sexual Misconduct Protocol for Students. 
  3. Researchers are not required to report if the information is disclosed by a subject during participation in an Institutional Review Board (IRB)-approved human subjects research protocol (IRB Research). The University’s IRB may, in appropriate cases, require researchers to provide such information to all student subjects of IRB Research.

Note: Retaliation must also be reported. Retaliation against any person(s) who in good faith reports a crime, makes a report of an alleged sexual misconduct violation or protected class-based discrimination or harassment, brings a disciplinary complaint, pursues legal action, participates in an investigation or is a witness in any investigation or proceeding is strictly prohibited and will not be tolerated. Those who engage in retaliation will face University disciplinary action up to and including suspension or dismissal.

Reporting Violations

Report age, color, disability, gender identity or expression, genetic information, military status, national origin (ancestry), pregnancy, race, religion, sex/gender, status as a parent or foster parent, sexual orientation or protected veteran status-based discrimination, harassment, or retaliation involving faculty, staff, students, contractors, vendors, and visitors (see Policy Prohibiting Harassment and Discrimination) to:

Ms. Kenya Ash, Director of the Office of Equity and Equal Opportunity, Title IX Coordinator, and Section 504 and ADA Coordinator; Office of Equity and Equal Opportunity; 219 E. Spring St., Hanna House, Oxford, Ohio 45056; 513-529-7157; oeeo@miamioh.edu; https://cm.maxient.com/reportingform.php?MiamiUniv&layout_id=5. 

Report sexual harassment, sexual assault, dating violence, domestic violence, stalking, or retaliation involving employees and other non-students (see Sexual Misconduct Protocol for Employees and Other Non-Students) to:

Ms. Kenya Ash, Title IX Coordinator and Director of the Office of Equity and Equal Opportunity; 219 E Spring St., Hanna House, Oxford, OH 45056; 513-529-7157; ashkd@miamioh.edu; https://cm.maxient.com/reportingform.php?MiamiUniv&layout_id=5. 

Report sexual harassment, sexual assault, dating/domestic violence, stalking, or retaliation involving students on Oxford or Luxembourg Campuses (see Interim Sexual Misconduct Protocol for Students) to:

Ms. Cecilie McGhehey, Deputy Title IX Coordinator and Assistant Dean of Students; 451 E Spring St, Warfield Hall, Oxford, OH 45056; 513-529-1870; TitleIX@miamioh.edu; https://cm.maxient.com/reportingform.php?MiamiUniv&layout_id=6. 

Report sexual harassment, sexual assault, dating/domestic violence, stalking, or retaliation involving students on Regional campuses, and VOA (see Interim Sexual Misconduct Protocol for Students) to:

Dr. Bennyce Hamilton, Deputy Title IX Coordinator for Regional Students and Regional Director of Diversity and Multicultural Services; 117 Rentschler Hall, Miami University Hamilton, Hamilton, Ohio 45011; 144 Johnston Hall, Miami University Middletown, Middletown, Ohio 45042; 513-785-3283; hamiltbe@miamioh.edu; https://cm.maxient.com/reportingform.php?MiamiUniv&layout_id=6. 

Related Form(s)

Not Applicable.

Additional Resources and Procedures

Not Applicable.

FAQ

Not Applicable.

Policy Administration

Next Review Date

7/1/2021

Responsible Officer

  • Associate Vice President for Human Resources
  • Assistant Provost for Academic Personnel
  • Director of Equity and Equal Opportunity
  • Vice President for Diversity and Inclusion 

Legal Authority  

  • Sections 504 of the Rehabilitation Act of 1973; and
  • Americans with Disabilities Act.
  • Title VII
  • Title IX

Compliance Policy

Yes

Recent Revision History

 Edited September 2020

Reference ID(s)

Reviewing Bodies

  • Associate Vice President for Human Resources
  • Assistant Provost for Academic Personnel
  • University Senate
  • Director of Equity and Equal Opportunity
  • Vice President for Diversity and Inclusion