December 7, 2012

TO:                 University of Oregon Employees

FROM:           Michael Gottfredson, President

RE:                  UO Employee Legal Reporting Responsibilities

Incidents of Child Abuse and Prohibited Discrimination and Harassment, Including Sexual Harassment/Assault

I am writing to advise all University of Oregon employees of their legal duty to report incidents of child abuse and prohibited discrimination, including sexual harassment and sexual assault.  The duty to report child abuse is new and effective January 1, 2013; the duty to report prohibited discrimination is ongoing. 

The University is committed to providing an environment for work and learning that is free from unlawful discrimination, including sexual harassment.  The safety of persons who participate in University programs and activities is critical.

In support of these priorities and consistent with legal obligations, University employees have a responsibility to report instances of certain inappropriate conduct as outlined in this memo.  The intent of this memo is to communicate these reporting responsibilities that apply to all UO employees and to make clear how to do so.

Discrimination and Discriminatory Harassment

Oregon law requires that all University employees with credible evidence that any form of prohibited discrimination by or against students, faculty or staff is occurring have a duty to report that information.  “Prohibited discrimination” includes:

·      discrimination, and

·      discriminatory harassment, including sexual harassment and sexual assault.

Reports are to be made to the employee’s supervisor or to the Office of Affirmative Action and Equal Opportunity at 541-346-3123; 677 E. 12^th Ave, Suite 452, University of Oregon, Eugene, OR  97403-5221; or via email to the Office of Affirmative Action & Equal Opportunity.

Child Abuse

As a result of an amendment to the Oregon Child Abuse Reporting Statutes, effective January 1, 2013, all UO employees have a duty to make a report to the Oregon Department of Human Services or a law enforcement agency when there is reasonable cause to believe any child with whom the employee comes in contact has suffered abuse or that any person with whom the employee comes in contact has abused a child.  For instances that relate to UO authorized activities, all UO employees should make the report to University of Oregon Police Department.  For purposes of this reporting responsibility, “abuse” includes, but is not limited to: 

·      assault of a child;

·      physical injury to a child caused by other than accidental means;

·      any mental injury to a child caused by cruelty to a child;

·      rape of a child;

·      sexual abuse;

·      sexual exploitation;

·      negligent treatment or maltreatment of a child;

·      threatened harm to a child;

·      buying or selling of a child;

·      allowing a child on the premises where methamphetamine is being manufactured; and

·      unlawful exposure to a controlled substance that subjects a child to risk of harm. 

The duty of employees of public universities to report incidents of child abuse applies at all times, not just to those incidents occurring during working hours or on campus.  For this purpose, university employees include all faculty and staff, student workers, graduate teaching fellows and temporary employees.

Under the law, reports must be made to the local office of the Department of Human Services or to a law enforcement agency in the county where the reporting employee identifies child abuse.    Failure to report when required to do so is a Class A violation.  Persons who make reports in good faith are immune from liability for making the report.  For instances that relate to UO-authorized activities, UO employees are expected to make the report immediately to the UO Police Department (541-346-2919).

Clery Act Campus Security Authority

In addition to the above, some University employees are designated as Campus Security Authorities (CSAs) for purposes of the Jeanne Clery Act and have a duty to report certain crimes designated by that Act.  CSAs are defined by federal law.  University deans, directors and department heads who are CSAs are identified by the University Clery Coordinator in the UO Police Department and receive notification each year of their reporting obligations under Clery. Those receiving this notification are asked to identify and notify additional CSAs within their department.   If you are designated as a CSA, you will receive notice in this manner.  You need to carefully review your reporting obligations and consult with the Clery Coordinator if you have any questions.  Notification documents and additional CSA information is on the UO Police Department website at http://police.uoregon.edu/content/campus-security-authorities.

Interns and Volunteers

Volunteers, contractors, interns or students who are not employees are not mandatory reporters unless their work involves one of the professions mandated in the law as a mandatory reporter (see FAQ document at around.uoregon.edu/mandatoryreporting for a complete list of professions with mandatory reporting obligations).  However, it is the University’s expectation that volunteers and interns will report issues of suspected child abuse, discrimination and Clery-reportable crimes to their supervisors.  

Conclusion

Employees with questions about their duty to report are encouraged to discuss those questions with their supervisors.  If questions are unresolved at that level, employees and their supervisors are encouraged to contact the responsible offices as noted above for each category of reporting.

All of us benefit from ensuring that criminal activity, including possible child abuse and prohibited discrimination are reported and appropriately addressed.  Additional information about these issues is posted on the Around the O website at around.uoregon.edu.

_______________________

Sources:

·      Oregon Child Abuse Reporting Statutes, Oregon Revised Statute 419B.005 to 419B.017, as amended by House Bill 4016.

·      Oregon Administrative Rules 413-015-0100 through 413-015-1125

·      Oregon Administrative Rules 580-015-0015, 571-004-0025, University of Oregon Grievance Procedures, Prohibited Discrimination, Discriminatory Harassment, and Sexual Harassment.