ALL RESPONSIBLE EMPLOYEES are required to report promptly to the Title IX Coordinator incidents of sexual harassment and sexual misconduct that come to their attention. Faculty, supervisors, administrators, university officials and Student Affairs Offices should limit their interactions with the complainant regarding the reported incident while referring them to the appropriate resources.
Delays in reporting can greatly limit the university’s ability to stop the sexual misconduct, collect evidence, and/or take effective action against individuals or organizations accused of violating this policy. Furthermore, under SB 212, an employee who fails to report an incident may be subject to a criminal offense (misdemeanor) and, in accordance with the University’s disciplinary procedure, a policy violation of failing to report for which the University is required to terminate employment.
Visit the UT Health San Antonio HOP 4.2.2 – Sexual Misconduct Policy for information on Responsible Employees and Confidential Employees and/or to review specific legislative language, see SB 212 and/or HB 1735, directly.
Who are the Responsible Employees at UT Health San Antonio?
Responsible employees include:
- Administrators
- Faculty
- Staff and Supervisory Staff
- Any UT Health San Antonio employee whom an individual could reasonably believe has the duty to report incidents of sexual misconduct.
Confidential Employees
Who are the Confidential Employees at UT Health San Antonio?
All employees are Responsible Employees except for Confidential Employees.
Exception:
Physical and mental health care professionals and pastoral counselors are NOT Responsible Employees and are prohibited by confidentiality laws from reporting any information about an incident to anyone, in any way that identifies the complainant, without the complainant’s permission.
Examples of such employees designated as confidential and who are not considered mandatory reporters at UT Health San Antonio include (for students) Counselors at the Student Counseling Center, Student Ombudsperson, and health care professionals at the Wellness 360 Center, and (for employees and faculty) the Employee Assistance Program.
Confidential Employees who receive information regarding incidents of sexual misconduct including sexual harassment, sexual assault, domestic violence, dating violence or stalking committed by or against a student or an employee (faculty or staff) of the University, are required to report the type of incident to the Title IX Coordinator.
Although only Responsible Employees are required to report sexual misconduct to the Title IX Coordinator or designee, all employees, students, and third parties without confidentiality obligations are strongly encouraged to immediately report any incidents of sexual misconduct to the Title IX Coordinator.