Why have a reporting form?
We are required to have a reporting form, however, people can make reports in whatever way they are most comfortable. Webform, email, phone call, in person (we also go to places on campus like other offices to take reports, or people can come meet with us in person. We are flexible.
Who is filling out the form and with what type of incidents?
There are many people who fill out the form, students, faculty, staff, guests, and those whose identity we do not know. Some are mandatory reporters, others are reporting because they want to, some report on behavior that they themselves have experienced.
People report all types of protected class discrimination and harassment. We also occasionally receive reports that are not covered by our office. In those instances, we refer the report to the proper place for handling.
How do people find out about the form?
There are many ways that people can find out how to report to our office. We provide training to all employees of MSU regarding mandatory reporting and civil rights. It is covered in that training. It is also linked in the training required of all incoming students, and we often train student groups about their rights, where they are also informed of the mechanisms to report, one of which is the online form. We do outreach events with the university as a whole and with affinity groups to provide handouts and information about the office, which lists how to report (phone, email, in person, web). Finally, a quick web-search for Discrimination, Harassment, or Title IX through www.montana.edu bring up our website, where the button is large and red to report the behaviors, there is also information about how to call our office or email us to report as well. We are very flexible with how people report, because one modality will not work for everyone.
What happens once the form is filled out?
Anytime OIE receives a report (regardless of how) we first conduct a health and safety evaluation to determine if we have additional obligations (here at MSU these are rare circumstances). If we do not have a health and safety risk to the campus community, and it is safe to provide outreach via email, we provide outreach to the individual who experienced the behavior. There are certain instances, for example with dating or domestic violence, where it is unsafe to provide email outreach because it is unclear who has control of the communications mechanisms. In that instance we provide outreach in a way that we can determine is safest for the individual who experienced the behavior.
Unless there is a health or safety risk to campus, it is up to the individual who experienced the behavior if they would like to utilize the support resources offered by our office.
What happens at each of the urgencies (Standard, Urgent, Extremely Urgent)?
Each case is evaluated individually, by first reviewing for a health and safety risk. Since each circumstance is so fact specific, it depends on the facts contained in the report. If things are marked with a higher urgency, we may conduct additional outreach, if it is deemed necessary based on the information contained in the narrative portion of the report.
What part of the form or information obtained is most important to the OIE?
Each piece of information is important. Knowing who filed the report is necessary in case we need to follow up with them for additional information or if we have questions. The names of the individuals involved (both the person who experienced the behavior, and the one alleged, plus any witnesses) so that we can provide outreach to the individual who experienced the behavior and make sure that we have the necessary information to determine if there is a health and safety risk for campus. Finally, the narrative is very important, as it is how we are informed of what occurred, where, what each person’s role was or is, and when the behavior occurred.
How do you want people to feel when they are filling out the form?
We want them to feel that they have submitted a report that will be taken seriously by the institution.
How do you ensure reporting is accessible to people who can’t fill out an online form?
We have multiple mechanisms for reporting, in person (come to the office or we go to the individual), online (webform), email, or by phone. No one mechanism is a preferred mechanism for reporting, and all reports are run through the same process upon receipt. For those with limited English proficiency, we work to provide translation services. For individuals with disabilities, we accommodate upon request (e.g. TTY phone conversations, taking an oral report vs. written).
What are the other means for reporting and how accessible are those?
Our goal is to provide service to all in a way that works for them. If an accommodation is needed, we work with the individual to provide that accommodation to make a report. However, given the multiple reporting modalities set forth above, we have not had a request for any other form of reporting at this time.
What percentage (if you had to guess) of people reporting incidents report through the form versus other means?
I would say that this is likely half and half. We have a large population of individuals who prefers to report to our office via phone or in person. Most of our online reports come from mandatory reporters.
What would you improve about the reporting process?
I would like to be able to provide more training than we already do to students about their rights on campus so that more students better understand how to report and how we can help. Another point that would be helpful was if gmail and other outside service providers for email did not sort our emails to junk or spam, which on very rare occasion causes issues with receipt of the outreach.
What sort of feedback, if any, do they get from people who go through the process?
Often the feedback depends on how the office has assisted that person. Anyone who works with our office often has 4 options. (1) receive the outreach and decide to not work with our office, (2) receive the outreach and come in and ask us to help them stay safe and successful (interim measure assistance), (3) informal resolution (not appropriate in all instances), and (4) formal investigation.
For those participating in the formal investigation process, there is often an objection to the outcome based on their role (complainant vs. respondent), and the level of due process required.
What percentage of people are self-reporting versus reporting for others?
It is difficult to tell, as we receive the reports in multiple ways, but anecdotally based on my five years in OIE at MSU, I would say around 25% are self-reports, or reports that are self-reported simultaneously with another report.
How does it affect your system if someone requests anonymity (by submitting a fake name or other means)?
With written reports, fake names and anonymity can impact our ability to act, as the reports often do not contain sufficient information to take any action against the alleged individuals. We do also offer in person/telephonic anonymous reporting, however, in those instances the anonymity of the individual often limits the ability of the office to provide supports to the individual who experienced the behavior or is reporting the behavior. Even with live anonymous reporting, we can also be limited in how we address the alleged behavior, as we are unable to control for retaliation or sufficiently insulate the individual from a continued risk if the behaviors are sufficiently specific to one or a small group of individuals if addressing the behavior could increase the risk to those individuals. Each circumstance is different, and there are instances where individuals have started to report anonymously or under a pseudonym, but then became comfortable enough with the office to have conversations that were not anonymous any more.
What sort of feedback/response does the person reporting get immediately upon submission of the report?
With the online form, an individual may elect to receive a copy of the report submitted immediately, and they are also provided in the browser with a report number to reference. After receipt of the report by OIE, generally within one business day, the outreach is then sent to the individual who was the recipient of the behavior reported. Because of privacy laws related to human resources and student records, we are unable to provide additional information to the reporting party unless authorized to do so, in writing, by the person who experienced the behavior.
The purpose of OIE is to “ensure an environment of non-discrimination and equal opportunity.” Many systems are not automatically set up for people from protected classes. What do you do differently to serve people who may have trouble accessing services because of discrimination or lack of opportunity? (Feel free to tell us what you are proud of and what could be improved.)
MSU has a multi-faceted approach to ensuring an environment of non-discrimination and equal opportunity. OIE is part of this approach, and we are the compliance piece of this puzzle, responsible for stopping the behavior, preventing its recurrence, and remedying the effects when the institution has knowledge of the behaviors. Our piece of this puzzle is to assist those staying safe and successful while also having an investigative “stick” to motivate proper behaviors. Our role is also to look at this through the compliance lens, and encourage a culture, where when you see something, you say something, no matter how small it may seem, because if you can get to the root of the problem, you can potentially stop it before it grows into something larger.
In order for us to ensure that there is an environment as described, we work closely with cross campus partners like disability services for both students and employees, our Senior Diversity and Inclusion Officer, and others across campus. Because we recognize the impact of systems on historically marginalized protected classes, we work to build partnerships with individuals who have strong connections to the populations that are less likely to report, or have trust in systems. This helps get individuals who would otherwise not access our office to the door for assistance, if they would like assistance from our office. We also train employees (full time and student) regularly to ensure that they have knowledge of the our office and the process/procedures, because transparency is often the best mechanism for people to feel comfortable with access. There are always many complexities and moving parts that act as barriers to access, so we are flexible in adapting to these challenges.