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Mandatory Reporting Requirements for Faculty and Staff

The UW-Parkside Police Department (UWPD) works cooperatively with the Dean of Students Office to meet the requirements of mandatory reporting of certain incidents/crimes involving students, staff, and visitors to the University of Wisconsin-Parkside.

All faculty and staff members at the University of Wisconsin-Parkside share the responsibility to create safe learning and work environments and a positive campus climate.  This page provides information on a Wisconsin Executive Order and Federal and State laws that establish reporting responsibilities for all faculty and staff.  Please become familiar with the responsibilities and resources described below so you may respond appropriately when you are approached by someone regarding matters covered here.

WISCONSIN EXECUTIVE ORDER #54 – REPORTING SUSPECTED CHILD ABUSE/NEGLECT

Wisconsin Executive Order # 54 requires all University of Wisconsin System employees to report suspected incidents or threats of child abuse or neglect and has the force of law. Volunteers and contractors who are expected to have regular contact with children while performing services for UW-Parkside must comply with the same reporting procedures as UW employees.

UWP Administrative Policy #86 – Mandatory Reporting of Suspected Child Abuse and Neglect outlines the definitions of child abuse and neglect and the process for reporting witnessed and/or suspected child abuse or neglect.

UWP Faculty/Staff Reporting Requirements:
A report of child abuse or neglect must be made immediately if, in the course of employment, the employee observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the employee has reasonable cause to believe that child abuse or neglect has occurred or will occur. The report must be made in person or by telephone to the UW-Parkside Police Department, other local law enforcement, or the local child protective services agency.

UWPD 188
Tallent Hall
262-595-2455
Kenosha County Sheriff
1000 55th Street
Kenosha, WI 53140
262-605-5100
Kenosha County Dept. Human Services
8600 Sheridan Road Suite 200
Kenosha, WI 53143
262-605-6582 (Daytime Phone)
262-657-7188 (After Hours Phone)

In addition to the external report to law enforcement or child protective services, if the incident or threat of child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, etc.), or the incident or threat of child abuse or neglect occurred on the UW-Parkside campus or during a UW-Parkside sponsored activity, the reporter must immediately report the matter internally to the university. Internal reports should be made to the UW-Parkside Police Department 262-595-2455, Dean of Students Office 262-595-2598, or Office of Diversity and Inclusion 262-595-2239.

Privacy statutes affect the ability to report to law enforcement or child protective services in some limited circumstances. If a UW employee learns of possible child abuse or neglect from the educational records of a matriculated student, the Family Educational Rights and Privacy Act (FERPA) applies. FERPA does permit reporting if a child is presently in danger. If a UW employee learns about possible child abuse or neglect from a medical record or in the context of a patient’s receipt of health care services, the Health Insurance Portability and Accountability Act (HIPAA) and Wisconsin medical records laws must be followed.

A UW employee who is a mandatory reporter by profession under Wis. Stat. § 48.981(2) (e.g., health practitioner, social worker, law enforcement officer, child care provider) must continue to comply with the state mandatory reporter laws.

UW SYSTEM MANDATORY SEXUAL ASSAULT REPORTING -- UWS CH.36.11(22)
Wisconsin Statute, Chapter 36.11(22), requires that UW-Parkside report annually to UW System Administration the number of reported sexual assaults that occurred on campus or in the surrounding area.

Under the law, "Any person employed at an institution who witnesses a sexual assault on campus or receives a report from a student enrolled in the institution that the student has been sexually assaulted shall report to the dean of students of the institution. The dean of students shall compile reports for the purpose of disseminating statistical information under par. (a)1.b."  Definitions of sexual assault can be found here.

For UW-Parkside to comply with this state law, we need the cooperation of all university employees. We rely on reports from employees, students, and other members of the university community to support victims and meet our legal obligations.

The UW-Parkside Dean of Students Office takes sexual assault reports seriously and will investigate. The information provided to UW System in the annual report does not include any names or details of the reported incidents.  This information may also be reported in the Annual Security and Fire Safety Report described below.

Reports filed with the Dean of Students Office and/or University Police will be shared with the University’s Title IX Coordinator as required by law.

UWP Faculty/Staff Reporting Requirements:
Faculty and staff who witness a sexual assault on or near campus or who receive a first-hand report of a sexual assault (regardless of when/where the assault took place) are required to report the sexual assault.  Reports should be made to the Dean of Students Office and/or University Police.

Please see the Title IX section below for further details on reporting requirements related to sexual misconduct.

TITLE IX OF THE EDUCATION AMENDMENTS OF 1972

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance. Title IX requirements cover sex discrimination, sexual harassment, sexual misconduct and sexual violence.  In accordance with these requirements, UW-Parkside is responsible for taking immediate and effective steps to respond to allegations of gender-based discrimination, sexual harassment, and sexual violence.

Title IX protects any person from sex-based discrimination, regardless of their real or perceived sex, gender identity, and/or gender expression.

Sexual harassment is defined as unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature, or unwelcome verbal or physical conduct of a sexual nature. Sexual harassment includes conduct directed by a person at another person of the same or opposite gender.

Sexual violence may include physical sexual acts performed against a person’s will or where a person is incapable of giving consent. A number of acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion.

The term “sexual misconduct” is used here and in UWP policies to encompass the categories of gender-based discrimination, sexual harassment, and sexual violence.

Title IX Coordinator
Per the requirements of Title IX, each university must identify a Title IX Coordinator who is responsible for overseeing the university’s response to allegations of misconduct and coordinating training for faculty, staff, and students.  Deputy Title IX Coordinators may be named to assist with this work. 

What Constitutes Notice of Sexual Misconduct
Guidance from the Office of Civil Rights (OCR), the federal agency responsible for enforcement of Title IX, indicates that a university has notice of sexual misconduct when a “responsible employee” knew, or reasonably should have known, that misconduct of a sexual nature occurred.

The definition of a “responsible employee” is vague in the guidance from OCR, but current interpretations would include all faculty and most staff who come in contact with students during the course of their job performance.  Staff members who provide mental and physical health services (counselors and health care providers in the Student Health & Counseling Center) do not fall into the category of “responsible employees” for reporting purposes.

UWP Faculty/Staff Reporting Requirements:
Faculty and staff (except mental health counselors and health care providers) are required to report any known cases of sexual misconduct involving students to the Dean of Students Office.  A report can be filed using the online Sexual Misconduct Reporting Form (see Quick Links).  Responsible employees must provide the name of the victim/complainant, if known, name of the perpetrator, if known, and the details of the incident as reported to them.

Faculty and staff are required to report any known cases of sexual misconduct involving a non-student employee, visitor, or volunteer to the campus to the Title IX Coordinator.  The Sexual Misconduct Reporting Form (see Quick Links) can be used for this purpose or you can contact the Title IX Coordinator directly.

Sexual harassment experienced by a faculty or staff member should be reported to one’s supervisor and the Title IX Coordinator.

JEANNE CLERY DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME STATISTICS ACT (CLERY ACT) 

The Clery Act (20 USC § 1092 (F)) requires colleges and universities to disclose information about crime on and around their campuses.  The law is tied to an institution's participation in federal student financial aid programs and is enforced by the U.S. Department of Education.

Under the Clery Act, universities must do the following:

  • Publish an Annual Security and Fire Safety Report by Oct. 1 of each year
  • Maintain a public crime log documenting the "nature, date, time, and general location of each crime" and its disposition, if known
  • Disclose crime statistics in seven major offense categories; liquor, drug, and weapons violations; and hate crimes for incidents that occur on campus properties or on lands adjacent to campus as defined by the U.S. Department of Education. 
  • Issue timely warnings about Clery Act crimes which pose a serious or ongoing threat to students and employees
  • Devise an emergency response, notification and testing policy
  • Compile and report fire data to the federal government
  • Enact policies and procedures to handle reports of missing students

 

Universities must report crime statistics for the following reported offenses:

  • Criminal Homicide
  • Sex Offenses
  • Robbery
  • Aggravated Assault
  • Burglary
  • Motor Vehicle Theft
  • Arson
  • Liquor Law Violations
  • Drug Violations
  • Illegal Weapons Possession
  • Hate Crimes by Category of Prejudice (Race, Gender, Religion, Sexual Orientation, Ethnicity, and Disability)

In 2013, the Violence Against Women Act (VAWA) amended the Clery Act requiring additional reporting of incidents of domestic violence, dating violence, and stalking.

The information included in the Annual Security and Fire Safety Report is reported in aggregate with no associated names or descriptions of the incidents.  It is strictly a numerical accounting of crimes/incidents reported.

Most reports of these incidents/crimes originate in the UW-Parkside Police Department, Dean of Students Office, or the Office of Residence Life.  The Dean of Students Office is responsible for compiling these statistics in conjunction with the UWPD for the annual report.

UWP Faculty/Staff Reporting Requirements:
If you, as a UWP Faculty or Staff member, witness a crime on or near campus, you should contact the UWPD immediately: Dial 2911 from a campus phone or 262-595-2455.

If you receive notice from a victim, witness, perpetrator, other third party individual that a crime has occurred on or near campus, you should contact the UWPD at 262-595-2455 or the Dean of Students Office at 262-595-2598.

900 Wood Road · P.O. Box 2000 · Kenosha, WI 53141-2000 P 262-595-2345

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