In furtherance of UVA's commitment to providing an environment free from discrimination, harassment, and other prohibited conduct, UVA implemented a reporting policy that requires "Responsible Employees" to report disclosures they receive about prohibited conduct under:
- Preventing and Addressing Discrimination and Harassment Policy (PADH);
- Preventing and Addressing Retaliation Policy (PAR); and
- Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence ("Sexual Misconduct Policy")
The duties for "Responsible Employees" and "Confidential Employees" are summarized below regarding the PADH and PAR Policies. For information about the Sexual Misconduct Policy, please visit the Title IX/Sexual Misconduct webpage or contact [email protected] or (434) 297-7988.
EOCR also encourages students and employees who may have experienced, witnessed, or know of someone who experienced conduct under these policies to report it to EOCR or through UVA's online reporting system, Just Report It, or seek assistance from confidential resources at UVA or in the local community.
Definitions
Confidential Employees
A Confidential Employee is any UVA employee who is:
(1) a licensed medical, clinical, or mental health or healthcare professional AND those performing services under their supervision (i.e., healthcare providers);
(2) performing administrative, operational, or related support for Healthcare Providers;
(3) an athletic trainer working under the supervision of a licensed medical or healthcare professional; OR
(4) the University Ombuds.
Responsible Employees
For purposes of a reporter disclosing alleged acts of PADHR Conduct involving a UVA student, Responsible Employees are any employees who are not Confidential Employees. This includes teaching assistants, resident advisors, and all other student employees when disclosures are made to any of them when performing the duties of their employment/professional role.
For purposes of a reporter disclosing alleged acts of PADHR Conduct involving only UVA employees. Responsible Employees include a supervisor, manager, human resources professional, or any UVA employee who has authority to institute corrective measures.
PADHR Conduct
PADHR Conduct refers to:
(1) Discrimination based on age, color, disability, family medical or genetic information, gender identity or expression, marital status, military status, national or ethnic origin, political affiliation, pregnancy, race, religion, sex, sexual orientation, and veteran status;
(2) Harassment based on age, color, disability, family medical or genetic information, marital status, military status, national or ethnic origin, political affiliation, race, religion, and veteran status (sexual and gender-based harassment is considered Prohibited Conduct)
(3) Retaliation.
Duties
A Confidential Employee will not disclose information about alleged Prohibited Conduct or PADHR Conduct to anyone, except with the written permission of the Reporter or when such disclosures are permitted or required by applicable law or court order. For example, Confidential Employees may be required to disclose such information where there is a concern that the individual will likely cause serious physical harm to self or others, or when the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18. Reporters who disclose information to Confidential Employees should understand that, except in the limited circumstances described above, the information they have disclosed will not be shared with the Title IX Coordinator, Compliance Director of EOCR, or anyone else and, therefore, the University will not be able to use such information to provide supportive measures, facilitate a mutually acceptable form of Informal Resolution, investigate the alleged Prohibited Conduct and/or PADHR Conduct, or pursue disciplinary action against the Respondent.
Supportive Measures
Students, faculty, and staff also may ask Confidential Employees how to request supportive measures (designed to address a Complainant's safety and well-being and continued access to educational opportunities). Examples of supportive measures include:
- No Contact Directives (prohibiting contact between parties to an incident of alleged Prohibited Conduct or PADHR Conduct),
- Academic modifications and support, or
- Modifications to University residence, employment, and/or parking arrangements.
Confidential Employees should direct students, faculty, and staff who wish to request such supportive measures to the Title IX Coordinator (for Prohibited Conduct), the Compliance Director for EOCR (for PADHR Conduct), or to Student Affairs. Students should understand, however, that EOCR/Title IX and Student Affairs employees are not Confidential Employees, and thus will share any disclosures made to them about Prohibited Conduct and/or PADHR Conduct with the Title IX Coordinator and/or EOCR Compliance Director. Complainants may be able to access a range of supportive measures with or without disclosing significant details about the alleged Prohibited Conduct and/or PADHR Conduct. The University will honor such requests if it is possible to do so while also protecting the health and safety of the Complainant and the University community.
PADHR Conduct
ANY employee who is not a Confidential Employee is REQUIRED to report to the Compliance Director for EOCR or through Just Report It all relevant details disclosed by a Reporter about an incident of alleged PADHR Conduct, including the names and all other information that personally identifies the Complainant, the parties, witnesses, and any other relevant information (i.e., the date, time, and specific location of the alleged incident). This includes disclosures of PADHR Conduct to supervisors (including department chairs, deans, and other unit administrators), management, and human resources professionals by University faculty and staff. A Responsible Employee should not disclose information to law enforcement without the Complainant's consent, EXCEPT:
- In the event of an emergency,
- As may be directed by the Evaluation Panel,
- Where an incident has already been reported to law enforcement, or
- As otherwise required by law.
Any request for information from law enforcement should be referred directly to the Title IX Coordinator.