Title IX

Confidentiality, Privacy and Reporting

Henderson State holds a zero tolerance stance against sexual discrimination in our programs and activities or employment. Individuals who believe they have been subjected to such actions in violation of this policy should report these concerns.

This process involves an immediate inquiry to determine if there is reasonable cause to believe sexual discrimination occurred in violation of policy. If so, Henderson State will initiate a prompt, thorough and impartial investigation. This investigation is designed to provide a fair and reliable determination. If so, the university will implement a prompt and effective remedy designed to end the discrimination, prevent its recurrence, and address its effects.

Individuals who wish to report a concern or complaint relating to sexual discrimination may do so by reporting as outlined below.

Official Notice - Non-confidential reporting options

You are encouraged to speak with the Office of Title IX and Institutional Equity or to supervisory personnel (deans, the Chancellor, vice chancellors, department chairs, any and all faculty members, any employee at the university police department, any employee in athletics, student conduct, human resources, etc…) of the institution to make formal reports of incidents. The university considers these people to be "responsible employees." Notice to them is official notice to the institution. You have the right and can expect to have incidents of sexual discrimination to be taken seriously by the institution when formally reported, and to have those incidents investigated and properly resolved through administrative procedures. Formal reporting means that only people who need to know will be told and information will be shared only as necessary with investigators, witnesses, and the accused individual.

Reporting Confidentially

If one desires that details of the incident be kept confidential*, they should speak with on- or off-campus mental health counselors, on- or off-campus health service providers, or domestic violence/rape crisis resources who can maintain confidentiality. Campus counselors are available to help you free of charge, and can be seen on an emergency basis. Employees may access their Employee Assistance Program benefit through Human Resources. In addition, you may speak on and off-campus with members of the clergy and chaplains, who will also keep reports made to them confidential.

Visit the Student Health and Counseling Center here

*Providers may be required to report certain felony incidents to law enforcement.

Right to File a Federal Complaint

Individuals with complaints of this nature also have the right to file a formal complaint with the United States Department Education:

Office for Civil Rights (OCR)
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Fax: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

Federal Statistical Reporting Obligations

Certain campus officials have a duty to report sexual discrimination for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student/conduct affairs, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.

Federal Timely Warning Reporting Obligations

Victims of sexual discrimination should also be aware that university administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The university will make every effort to ensure that a victim's name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed in the above paragraph.