NEWS
BY MORGAN THEOPHIL
FREEDOM
TO REPORT
University of Oregon
makes changes to
sexual and gender-based
harm reporting policy
DARCI HEROY, UO TITLE IX COORDINATOR
PHOTO COURTESY OF UO
A
fter years of debate, protests and nationwide con-
versations, the University of Oregon has imple-
mented a new policy for reporting gender or sexual
discrimination and violence against students.
According to the new policy, the changes are
intended to encourage conversations and reporting by stu-
dents, and make all employees part of the solution to pro-
hibited conduct — such as gender discrimination, sexual
harassment and sexual violence — by giving employees dif-
ferent responsibilities when supporting students who come
forward.
Title IX Coordinator Darci Heroy says the decision to
make a new policy came after years of local and national de-
bate over having all university employees designated report-
ers — employees who are required to share any information
about sexual or gender-based harassment or violence to the
Title IX coordinator for further action to be taken.
Title IX is a U.S. federal law that says all members of the
UO community are protected from gender discrimination,
sexual harassment and sexual violence.
than another year later when she settled with the university.
“I don’t have a lot of confidence in the UO, but I do hope
this is a positive change,” Hanson says.
Heroy was approached by then UO Senate president Bill
Harbaugh around a year ago to create a new policy, and she
worked with a team of students and staff for more than eight
months to write the new policy — after a unanimous vote by
the UO Senate, the policy went into effect Sept. 15.
UO’s Sexual Wellness Advocacy Team (SWAT) is in
full support of the new policy, UO senior and SWAT intern
Molly Zanninovich says. SWAT strives to educate students
about sexual wellness, consent, healthy relationships and
sexual assault support through interactive workshops and
activities.
“In an act of sexual violence, all of the autonomy and
personal choice is taken away from somebody, so it’s key
to let the help received afterward be in their control,” Zan-
ninovich says. “Saying, ‘This is up to you’ and ‘It is your
choice to have this or that’ puts the situation in the student’s
hands, which is important.”
OLD POLICY LEFT VICTIMS BEHIND
DEFINING ROLES
FOR FACULTY AND STAFF
Heroy says that under the previous policy people fre-
quently argued that having all employees be designated re-
porters led to a lack of trust and confidence when students
wanted to confide in a faculty member.
“Students would feel safe going to an employee with
whom they’ve formed a relationship with to share and seek
advice, but they lost confidence when the reporting was
mandatory, even if that was outwardly declared,” she says.
“They felt blindsided, and that trust was gone.”
Laura Hanson — a survivor of a sexual assault that oc-
curred during her time at the UO — was a victim not only of
sexual assault, but also an “infuriating and disturbing way of
handling it by the university.”
After Hanson's assault was relayed by mandatory
reporters to the Title IX office, the system failed to respond
effectively. It was almost a year after the assault occurred
that the UO finally reached out to her perpetrator, and more
The new policy gives all university employees one of
three specific titles and responsibilities: designated reporter,
student-directed employee or confidential employee.
Designated reporters are employees who have the author-
ity to address prohibited conduct and whom students would
reasonably expect to have the authority to remedy prohibited
conduct. They are obligated to report student disclosures to
the Title IX office if they have “reportable evidence” — di-
rect disclosure from a student, observed conduct or informa-
tion from a third party — of gender or sexual violence or
discrimination.
The two other responsibilities given to faculty will offer
different options for students, unlike the setup in the past.
“We realized if we want to create a place of trust where stu-
dents will get help, we needed to create the policy for that,”
Heroy adds.
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Student-directed employees are required to offer stu-
dents information, resources, support and the ability to
report, but only if that is the student’s choice. They do not
have the ability to address the discrimination or to imple-
ment corrective measures. These employees include most
faculty, staff, administrators and student-staff.
Finally, confidential employees are those with a profes-
sional commitment and/or legal privilege that may enable
them to oppose a court order seeking disclosure of com-
munications. They have the same obligation as student-
directed employees in terms of offering students informa-
tion, resources, support and the ability to report, but their
professional obligations to confidentiality provide an ad-
ditional layer of confidentiality for students.
Confidential employees include UO professionals
working in health care, counseling and mental health clin-
ics, professionals working in Crisis Intervention and Sex-
ual Violence Support Services, attorneys working with the
student survivor legal services, attorneys working in the
office for student advocacy and ASUO legal services, and
others.
POLICY CHANGES
AIM TO INSPIRE TRUST
The policy — available online — outlines where each
faculty member falls among the three responsibilities.
Among the designated reporters are members of the Board
of Trustees, the president, vice presidents, associate and
assistant athletic directors, all coaches of NCAA intercol-
legiate sports, the Title IX Coordinator and more.
“We have still obligated everyone with something, and
we believe the changes will lead to more students feeling
safe to share, and even make reports,” Heroy says. “We
want all employees to engage with students and be a part
of the solution.”
Hanson says she is encouraged that student experiences
shared in the classroom are now an exception to required
reporting. “In class students often bring up their experi-
ences and want to be able feel comfortable talking about
it," she says. "It’s a good step for teachers to know they
won’t be forced to share everything.”
Other exceptions for designated reporting include ex-
periences shared during public awareness events —includ-
ing SWAT presentations and “survivor speak-outs” — and
during institution-reviewed research studies focused on
prohibited discrimination.
Zanninovich says SWAT feels that educating students
on the changes in the policy is key, and so they plan to add
information about the new policy into their workshops and
scripts.
“This new policy will only be good for students if they
are aware of it. It won’t do what people wanted if it isn’t
shared,” she says.
“The old policy was well-intended and wanted to get
students help, but the ‘have to’ with reporting wasn’t good
for everybody who experienced some form of sexual mis-
conduct,” Zanninovich says. “Now, this policy seems stu-
dent-centered and we have hope it will lead more students
to feel safe to share at any level and get support — and at
the end of the day, that is the most important thing.”