The Title IX Final Rule allows a college or university or other post-secondary institutions such as a medical school or law school, for example, it allows some flexibility in terms of when the school is required to respond to notice of sexual harassment be it in the traditional sense or, say, sexual misconduct. A school can designate, say, all employees to be mandatory reporters or it can designate some employees to be mandatory reporters and others to be a confidential resource for a complainant. If the person is a confidential resource, or if the employee is a confidential resource that would make it so that the school is not obligated or so that that report does not have to go, say, to The Title IX office for it follow a further process.
Colleges, universities, post-secondary institutions, they have some latitude in terms of whether they can have all mandatory reporters or have some confidential resources for a complainant.
Having an experienced attorney advisor in your or your students' corner from as early as possible in the process, will help maximize the prospect of a fair process and a favorable outcome.
