Section 6: Reporting Policies and Protocols
The College encourages victims of Sexual Misconduct to talk to somebody about what happened so victims can get the support they need and so that the College can respond appropriately. Different employees on campus have different abilities to maintain a victim’s confidentiality:
- Some employees (Counseling Employees) are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.”
- All other employees (Required Reporters) are required to report all of the details of an incident (including the identities of both the complainant and respondent) to the Title VII/IX Coordinator. A report to these employees (called “Required Reporters”) constitutes a report to the College.
This policy is intended to make all persons, including students and their parents, if appropriate, aware of the various means of reporting and confidential policies available to them - so they can make informed choices about where to turn should they or their students become a victim of Sexual Misconduct and so they will know how to report any problems which may subsequently arise.
a. Reporting Required - All College faculty and staff must be aware of their own reporting responsibilities and the importance of informing Complainants of (1) the reporting requirements of Required Reporters, (2) the option to request confidentiality and available confidential advocacy, counseling, or other support service, and (3) the right to file a complaint with the College and to report a crime to campus or local law enforcement. All Required Reporters shall promptly report incidents of Sexual Misconduct to the Title VII/IX Coordinator, subject to the exemption for the College’s Counseling Employees.
b. Required Reporters - Required Reporters shall report to the Title VII/IX Coordinator all relevant details about the alleged Sexual Misconduct that the student or other person has shared and from which the College will need to determine what occurred and attempt to resolve the situation. Before a person reveals information that the person wishes to keep confidential, a Required Reporters should make effort to ensure that the victim understands: (1) the Required Reporter’s obligation to report the names of the alleged perpetrator and victim involved in the alleged Sexual Misconduct, as well as relevant facts regarding the alleged incident to the Title VII/IX Coordinator or other appropriate College officials, (2) the victim’s option to request that the College maintain the victim’s confidentiality which the College will consider, and (3) the victim’s ability to share the information confidentially with counseling, advocacy, health, mental health, or sexual-assault-related services. All Required Reporters shall report the names of the alleged perpetrator (if known), the person(s) who experienced the alleged Sexual Misconduct, others involved in the alleged Sexual Misconduct, as well as relevant facts, including the date, time and location to the Title VII/IX Coordinator. Required Reporters do not need to determine whether the alleged Sexual Misconduct actually occurred or if a Hostile Environment has been created before reporting an incident to the Title VII/IX Coordinator.
c. Requests for Confidentiality - Upon receipt of a complaint of Sexual Misconduct by the Title VII/IX Coordinator, the College must act immediately to protect the Complainant while keeping the identity of the Complainant as confidential as reasonably possible. The Title VII/IX Coordinator and other appropriate College personnel shall determine, consistent with state and local law, whether appropriate law enforcement or other authorities should be notified. The Coordinator shall evaluate requests for confidentiality and determine when such requests shall be honored. The coordinator shall make reasonable efforts to respect requests for confidentiality. In the event the College determines that it can respect the Complainant’s request for confidentiality, the College shall take all reasonable steps to respond to the complaint consistent with the request and to determine what interim measures are appropriate, necessary, or possible. In the event the College determines it must disclose the Complainant’s identity to a Respondent, the College shall inform the Complainant prior to making the disclosure.
d. Reporting Options - Complainants may use any combination of the following options to report Sexual Misconduct:
1. Criminal Complaint - Criminal complaints are filed with local law enforcement officials and the College is not involved in that process. Criminal complaints can be filed with the following agencies:
Berea City Police: 859-986-8456
Kentucky State Police: 859-623-2404
2. Institutional Complaint - Institutional complaints are filed with the College, and upon receipt of the complaint, the College will initiate an investigation by the College in accordance with this policy. If you wish to file an institutional complaint, you may file a complaint with the Title VII/IX Coordinator. The names and contact information for the College’s Title VII/IX Coordinator and assisting Title IX Officers are available at https://www.berea.edu/title-ix.
3. Report to Required Reporters - Reports made to Required Reporters, are required to be relayed to the College's Title VII/IX Coordinator and will initiate a prompt and appropriate response by the College in accordance with this policy. Required Reporters are identified in Section 5. Required Reporters can be found across campus. The Title VII/IX Coordinator is a Required Reporter, as are members of the Title IX team. You can report Sexual Misconduct to any Required Reporter.
4. Privileged and Confidential Reporting - Either as an alternative to the reporting options listed above or in lieu of reporting Sexual Misconduct to the individuals or offices listed above, persons may make privileged and confidential reports of Sexual Misconduct to certain health or mental health providers or to certain pastoral counselors. Reports to these persons are privileged and will remain confidential so long as the respondent does not represent an immediate threat to the campus community. Privileged and confidential reports may be made to:
Off-Campus Health Provider and Contact Information:
White House Clinic: 859-985-1415 *After hours/holidays, call St. Joseph Hospital (859-986-3151) and ask for the Physician on-call for Berea College health services.
On-Campus Mental Health Care Provider and Contact Information:
Counseling Services: 859-985-3212 (on-campus, extension 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.
Off-Campus Mental Health Care Provider and Contact Information:
Ampersand Sexual Violence Resource Center: 1-800-656-4673
Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367
On-Campus Pastoral Counselor and Contact Information:
College Chaplains (in the Campus Christian Center) – 859-985-3134 (on-campus, extension 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain.
Reports of Sexual Misconduct may be made by third parties (individuals who were not the alleged victim or perpetrator) or anonymously to the Title VII/IX Coordinator or any other Required Reporter. To encourage reporting and participation in the process, the Title VII/IX Coordinator exercises discretion and does not report minor policy violations to other College offices - such as underage consumption of alcohol or the use of illicit drugs - related to the main incident being investigated. This does not apply to more serious allegations such as physical abuse of another or illicit drug distribution.