Title IX Guide for Responsible Employees
Am I a Responsible Employee?
All SJSU employees — including administrators, faculty, staff, student employees and resident advisors — are considered Responsible Employees unless they are specifically designated as Confidential Resources.
Confidential Resources are limited to physicians, psychotherapists, professional counselors, licensed clinical social workers, sexual assault victim’s advocates, and clergy who receive information in the context of their role as a Confidential Resource.
View more information about Confidential Resources.
What Are My Reporting Responsibilities?
Responsible Employees are required to consult with and refer information to the Title IX and Gender Equity Officer or the Title IX Office when they are made aware or have reason to believe that Title IX Prohibited Conduct may have occurred.
Title IX Prohibited Conduct
Title IX Prohibited Conduct includes Sexual Harassment, Sexual Misconduct including sexual activity engaged in without Affirmative Consent, Dating Violence, Domestic Violence, Stalking, Retaliation, or Harassment on the Basis of Sex or Gender, including sexual orientation, gender identity, gender expression and sex stereotype, and Consensual Relationships of a romantic or sexual nature between an employee and a person over whom the employee exercises authority (e.g. supervisor-supervisee; professor-student; coach-student athlete).
If you are uncertain about whether conduct constitutes Title IX Prohibited Conduct, please email the Title IX and Gender Equity Officer at TitleIX@sjsu.edu.
Frequently Asked Questions
Am I a Confidential Resource?
Confidential Resources are limited to physicians, psychotherapists, professional counselors, licensed clinical social workers, sexual assault and domestic violence counselors or advocates, and clergy who receive information in the context of their role as a Confidential Resource. Individuals may be Confidential Resources if they act under the supervision of one of the above-identified individuals. Additionally, union representatives are encouraged but not required to report information about Title IX Prohibited Conduct to the Title IX and Gender Equity Coordinator, but they may refrain from reporting information disclosed to them in a confidential setting by a union member seeking advice about possible Title IX Prohibited Conduct.
In contrast, All SJSU employees — including administrators, faculty, staff, student employees and resident advisors — are considered Responsible Employees unless they are specifically designated as Confidential Resources.
Confidential Resources who work or volunteer on or off campus, who provide medical or mental health treatment or counseling and are acting in that role as part of their employment (and those who act under their supervision, including all individuals who work or volunteer in these centers and offices) may not report any information about an incident of Sexual Misconduct, Dating or Domestic Violence or Stalking to anyone else at the University, including the Title IX Coordinator, without the victim's consent. However, there are limited exceptions that may require a Confidential Resource to report to law enforcement.
Under California law, any health practitioner employed in a health facility, clinic, physician's office, or local or state public health department or clinic is required to make a report to local law enforcement if he or she provides medical services for a physical condition to a person who he or she knows or reasonably suspects is suffering from: (1) a wound or physical injury inflicted by a firearm; or (2) any wound or other physical injury where the injury is the result of assaultive or abusive conduct (including Rape, Sexual Assault, and Dating and Domestic Violence). This exception does not apply to sexual assault and domestic violence counselors and advocates. Health care practitioners should explain this limited exception, if applicable.
Additionally, under California law, all professionals described above (physicians, psychotherapists, professional counselors, clergy, and sexual assault and domestic violence counselors and advocates) are mandatory child abuse and neglect reporters, and are required to report incidents involving victims under 18 years of age to local law enforcement. These professionals must explain this limited exception, if applicable.
Finally, some or all of these professionals may also have reporting obligations under California law to: (1) local law enforcement in cases involving threats of immediate or imminent harm to self or others where disclosure of the information is necessary to prevent the threatened danger; or (2) to the court if compelled by court order or subpoena in a criminal proceeding related to Sexual Misconduct, Dating or Domestic Violence, or Stalking. If applicable, these professionals must explain this limited exception.