Since rolling out a new mandatory reporting policy on sexual assault this August, the role of various University employees, including student employees, remains ambiguous.
The new policy requires most faculty and staff, except for employees who are in health care or counseling positions, to report incidents of sexual misconduct they hear from students, identifying them as “responsible employees.” Those who work in health care or in counseling positions are considered “confidential employees,” removing them from the reporting requirement.
“Defining faculty and staff roles will help students decide whom to approach when seeking help,” University President Teresa Sullivan said in her August email to members of the University community. “Some students may prefer to talk with a confidential source first, while others may want to pursue a more formal reporting approach.”
But the difference between being a “responsible employee” and a “confidential employee” in the newly-enacted policy remains somewhat nebulous. Many University employees say they act as counsellors, though counselling may not be their primary job.
Dean of Students Allen Groves said in the new policy, Residential Advisors are required to report incidents of sexual assault, but only when they are operating in their role of RA.
“For example, if they are speaking with a resident, then yes,” Groves said in an email. “If they are speaking with a friend in the third-year class, then no.”
Katie Somers, fourth-year College student and housing and residence life co-chair, said Resident Staff members have always been required to report, given that they have a role as mandatory reporters as agents of the state. Therefore, the requirement of RAs to report sexual assault is not new for the University.
Groves said Teaching Assistants are required to report sexual assault under the new policy as well, but again only when acting in their role as a TA.
“[Teaching Assistants] are mandatory reporters only when operating as a TA,” Groves said. “For example, when speaking with a student in the class or lab they are staffing as a TA.”
Other University student employees, such as Orientation Leaders, Newcomb Hall staff members and library employees, are also required to report sexual assault under the new policy, Groves said.
Groves said administrators have not yet decided if University Peer Health Educators, a group of 45 students trained to educate their classmates about college health and wellness, will be required to report incidents of sexual assault under the new policy.
“We are still discussing this particular role with the General Counsel’s office and professional staff in Student Health,” Groves wrote. “At present, these students are not required to report sexual assaults that are discussed with them by other students when they are acting in a peer advising role.”
University employees and students may file a report of sexual misconduct by contacting the police, the Office of the Dean of Students or anonymously through the University sexual violence website.
The University also encourages employees to report sexual assault on the “Just Report It” system, an online tool which facilitates reporting sexual misconduct. On the website, “Responsible Employees Reporting Student Sexual Misconduct” is listed as an option. Responsible employees are allowed to disclose information shared by a student by completing a form. Through the deliberation of an experienced panel, the University may honor a student’s confidentiality, but only if it can preserve a safe, non-discriminatory milieu for the community.
Confidential resources, such as the Sexual Assault Resource Agency, University Counseling and Psychological Services, Shelter for Help in Emergency and the University Women’s Center counseling, are all available to provide counseling to any University members regarding issues of sexual assault.
“All of us work together to create a caring community at U.Va., one in which our students can live and learn here without fear of violence or harassment,” Sullivan’s August email read. “Yet we know that incidents of violence — including sexual violence — do sometimes occur. We are taking several new measures at U.Va. to confront this problem.”
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