Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

[Howard Kallem <>]

Sorry for the delay in responding.  OCR’s guidance re students says that a school has to respond once it learns of possible sexual harassment – regardless of the source (although the nature of the response could vary depending on the reliability and specificity of the information).  Assuming that same principle applies to employees, I would suggest that the key issue is whether you can provide the respondent staff member with enough information to meaningfully respond to the allegations, without disclosing the identity of the reporting parties.  Depending on the circumstances, this could require disclosure of the impacted party…which the impacted party may or may not want.

 

Howie Kallem

Director, Title IX Compliance

 

From: [mailto:] On Behalf Of Carla Kupe-Arion
Sent: Thursday, March 01, 2018 9:10 AM
To:
Subject: Title IX Investigation Without Actual Complainant - Requirement to disclose Source?

 

Good morning!

 

If an entity launches an investigation into a staff member for a possible Title IX violation based on “rumors” brought to the attention of the entity by other staff members but not an actual survivor/impacted party of the conduct, is the entity obligated to disclose the source of the allegation to the Respondent?

 

 

Warmest regards,

 

Carla Madeleine Kupe-Arion

Associate General Counsel &

Title IX Coordinator

Office of Labor & Legal Affairs

9501 S.King Drive, ADM 318

Chicago, IL 60628

(773) 995-3582