The University of Oregon implemented an emergency policy on Aug. 1 to comply with federal changes to Title IX regulations. Title IX is the federal law that protects against discrimination based on gender in any school.
The changes to the Title IX regulations will shift the reporting responsibilities of UO employees. Per the new regulations on the UO Investigations and Civil Rights Compliance website, all faculty and staff must report disclosures of discrimination, harassment and retaliation.
There will no longer be what was previously known as a “designated reporter,” or a specific group of individuals who were required to report instances of harassment.
Now, all employees are designated reporters, except for most student employees and confidential employees. This includes anyone responsible for teaching, advising and administering leadership. The policy also applies to graduate employees, resident assistants and orientation leaders.
A confidential employee, exempt from reporting, includes employees such as health care and mental health professionals, employees and contract attorneys representing students in Student Conduct processes and the university’s ombudsperson, a neutral third party who investigates complaints and conflicts, according to the civil rights compliance website.
Nicole Commissiong, associate vice president of the UO Office of Investigations and Civil Rights Compliance, said that the university will be designating additional employees as confidential employees. Those employees will be provided with stickers on their doors to identify themselves as confidential.
“We will advertise to students who those people are,” Commissiong said. “We really want students to know so that they can make their own choices about what to share and with whom.”
During the federal rulemaking process, UO provided input expressing that they wanted to keep the current policy, according to Commissiong.
“The Notice of Proposed Rulemaking made it pretty clear that they were going in the direction of almost everyone will be a required reporter,” Commissiong said. “Our current policy, what was current as of July 31, where we had a lot more flexibility was something that was important for a lot of people on campus to retain.”
Commissiong said that the university submitted a comment about this flexibility being retained, but, “ultimately, that decision lies with the Department of Education, not UO.”
A committee will be formed in the fall to develop a permanent policy that best complies with the federal regulations.
