Luther College employees are expected to report actual or suspected sexual misconduct to appropriate officials immediately. 

Luther College Safety and Security Staff, Deans of Student Engagement, Human Resources Staff, President’s Cabinet, Deputy Title IX Coordinators, and Residence Life Staff (including Resident Assistants) must report and share all information known to the Title IX Office as they are considered an Official with Authority. OWAs must disclose all information about sexual misconduct that they know, including the identities of the parties, so they are not a confidential resource. 

All other employees of Luther College are obligated to provide a Required Referral. Required Referrals help ensure the College keeps the campus safe by allowing the Title IX Office to identify patterns of behavior by individuals in our community and/or other concerning behavior that needs to be addressed and remedied. Disclosing to the Title IX Coordinator the names and details of those involved in an incident allows the College to share all the options in greater detail tailored to the individual needs of the Complainant. 

Additionally, at the request of a Complainant, a report may be given by a non-confidential employee to the Title IX Coordinator anonymously, without identification of the parties. The employee making the Required Referral may not remain anonymous. The employee must consult with the Title IX Coordinator on that assessment without revealing personally identifiable information. In situations where the Title IX Coordinator believes that a compelling threat to health or safety could exist, the Required Referral employee must reveal the names of the parties. The employee providing the Required Referral must provide an electronic copy of a Complainant Packet to the anonymous Complainant to share supportive measures, resources, and options as guided by the Title IX Coordinator. If the employee is uncomfortable or unwilling to provide that service then the employee must ensure that students or employees who experience sexual misconduct are put in contact with the people best equipped to help them, such as the Title IX Coordinator, by disclosing the name of the parties. Anonymous notice will be investigated by the College to the extent possible, both to assess the underlying allegation(s) and to determine if supportive measures or remedies can be provided. However, anonymous notice typically limits the College’s ability to investigate, respond, and provide remedies, depending on what information is shared. 

Generally, disclosures in climate surveys, anonymous social media posts, classroom writing assignments or discussions, human subjects research, or at events such as “Take Back the Night” marches or speak-outs do not provide reports that must be referred to the Title IX Coordinator by employees unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from the College. 

Failure of not reporting to the Title IX Office, as described above in this section, to report an incident of sexual misconduct of which they become aware is a violation of College Policy and can be subject to disciplinary action for insubordination.