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Home :: Policies :: Reporting Requirements for Employees

Reporting Requirements for Employees

Responsible Department
University Wide
Effective Date
09/10/2018
  1. .

    Purpose

    Federal and state laws establish responsibilities for employees of colleges and universities to report certain types of crimes and incidents.  The purpose of this policy is to provide guidance to employees for compliance with these requirements.

  2. .

    Definitions

    1. Authorized Adults and Program Staff:  A person, paid or unpaid, who may have direct contact, interact with, treat, supervise, chaperone, or otherwise oversee Non-Enrolled Minors. This definition does not include temporary guest speakers, presenters, or other individuals who have no direct contact with program participants other than short-term activities supervised by program staff; or individuals whose only role is as a participant in the education, services, or programs offered.

    2. Campus Security Authorities (“CSA”):  University employees who have significant responsibility for student and campus activities.  This is a broad requirement and includes coaches, RA’s, student affairs administrators, housing and residential life, and many other offices and departments.  Faculty may also be CSA’s when they have significant responsibility (doing more than teaching), such as advising student organizations, coordinating extern and internships, or participating in mentoring programs.  CSA’s will receive an annual notification from the Clery Act Coordinator or the Coordinator’s designee.

    3. Complainant: An individual lodging a complaint. The complainant may not always be the alleged victim.

    4. Privileged Employees: Individuals employed by the University to whom a complainant or alleged victim may talk in confidence, as provided by law. Disclosure to these employees will not automatically trigger an investigation against the complainant’s or alleged victim’s wishes. Privileged Employees include those providing counseling, advocacy, health, mental health, or sexual-assault related services (e.g., campus health centers and campus mental health centers) or as otherwise provided by applicable law. Exceptions to confidentiality exist where the conduct involves suspected abuse of a minor (in Georgia, under the age of 18) or otherwise provided by law, such as imminent threat of serious harm.

    5. Responsible Employees: Those employees who must promptly and fully report complaints of or information regarding sexual misconduct to the Title IX Coordinator. The University has defined Responsible Employees as including all administrators, supervisors, faculty members, or other employees, who are not Privileged Employees. This includes student employees who serve in a supervisory, advisory, or managerial role or are in a position of authority for purposes of this policy (e.g., teaching assistants, residential assistants, student managers, orientation leaders, etc.).

    6. University Community: Students, faculty and staff of the University.
  3. .

    Statement

    1. All Campus Security Authorities must report incidents that could constitute any one of 15 different crime categories required by the Clery Act to the University’s Department of Public Safety. The crime categories include:  murder & non-negligent manslaughter, negligent manslaughter, robbery, aggravated assault, burglary, motor vehicle theft, arson, arrests for weapons violations, arrests for drug abuse, arrests for liquor law violations, hate crimes and sexual offenses.  CSA’s should report incidents as soon as they learn of it.

    2. Under Title VII of the Civil Rights Act of 1964 sexual harassment in the workplace is prohibited.  Any employees who supervise other employees, including students being paid by the University, should report any incidents that may constitute sexual harassment to the Title IX coordinator.

    3. Title IX of the Education Amendments of 1972 mandates that all Responsible Employees must report any allegations of sexual misconduct, including sexual assault, sexual exploitation, sexual harassment, or stalking, they learn of to the Title IX Coordinator as soon as practicable.  For additional information, see the Sexual Misconduct Policy.

    4. All University employees must comply with O.C.G.A. § 20-2-1184.  This statute makes it a misdemeanor for any teacher or person employed at a public university to knowingly and willfully fail to report incidents where the employee has reasonable cause to believe a student has committed any act upon school property or at a school function that is prohibited by O.C.G.A. §§ 16-5-21 (aggravated assault), 16-5-24 (aggravated battery), 16-11-127 (carrying weapons in an unauthorized zone), 16-11-127.1 (carrying weapons in a school zone), 16-11-132 (possession of firearms), or 16-13-30 (controlled substances) or Chapter 6 of Title 16 (Sexual Offenses).  Individuals making good faith reports pursuant to this section are entitled to civil and criminal immunity.

    5. All University employees and Authorized Adults/Program Staff for Authorized Programs must comply with O.C.G.A. § 19-7-5.  This statute makes it a misdemeanor for certain individuals to knowingly and willfully fail to report incidents of child abuse.  For additional information, see O.C.G.A. § 19-7-5 and the Programs Serving Non-Enrolled Minors Policy.

    6. University employees have a clear responsibility to timely report wrongdoing. Wrongdoing is defined under the Ethics & Compliance Hotline Policy as violation of University policies, USG policies, state or federal law, violations of ethical and professional conduct, and fraud, waste or abuse.

    7. Members of the University Community concerned about research misconduct should report their concerns to the Chief Research Officer.

    8. Members of the University Community concerned about the mental health and well-being of a student should contact the Dean of Students.  For additional information, see the Behavior Intervention Team Policy.

    9. Individuals wanting to file a complaint for a violation of the Student Code of Conduct, including academic misconduct should contact the Dean of Students.  For additional information, see the Student Code of Conduct.

    10. Faculty members do not have a special privilege or ability to maintain the confidentiality of reports shared with them, and should not promise confidentiality to students.
  4. .

    Support Info

  5. .

    Procedures

    1. Reporting Sexual Misconduct, including Sexual Harassment

      1. Responsible Employees informed about sexual misconduct allegations involving any student must notify the Office of the Title IX Coordinator as soon as practicable. Responsible Employees should not attempt to resolve the situation, but must notify and report all relevant information to the Title IX Coordinator. Privileged Employees are not bound by this requirement but may, consistent with their ethical and legal obligations, be required to report limited information about incidents without revealing the identities of the individuals involved to the Office of the Title IX Coordinator. All members of the University of North Georgia community are encouraged to report incidents of sexual misconduct promptly. Further, while complaints should be made as quickly as possible following an alleged incident of sexual misconduct, all reports will be accepted regardless of when reported.

      2. Complaints should include as much information as possible – including: (1) the type of sexual misconduct experienced; (2) the name of the respondent; (3) the date(s), time(s), and place(s) of the sexual misconduct; (4) the name(s) of any individual(s) with knowledge of the incident; (5) whether any tangible evidence has been preserved; and (6) whether a criminal complaint has been made.

      3. Information from complaints will be shared only as necessary to investigate and to resolve any alleged sexual misconduct. Complaints will be investigated and resolved as outlined in the Sexual Misconduct Policy and Student Code of Conduct.  The Title IX Coordinator, will assess the need for and institute interim measures as described below as appropriate and where reasonable, as well as work with the appropriate institutional department to determine the need to issue a broader warning to the community in compliance with the Clery Act or to report activity to the authorities.

    2. Reporting

      1. Members of the University Community can file reports of sexual misconduct using the following link:
        https://publicdocs.maxient.com/reportingform.php?UnivofNorthGeorgia&layout_id=8.

      2. Anonymous tip/reports can be made using the Anonymous Tip form.

    3. Any other operating procedures developed must comply with and reference this policy.

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