University at Buffalo - The State University of New York

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  UB is working toward culture change to prevent rape or sexual assault before it happens. Watch a video.

By SUE WUETCHER

Published: December 1, 2011

The sexual abuse scandals at Penn State and Syracuse University have brought to the forefront the legal, as well as moral obligations of faculty and staff at colleges and universities regarding instances of sexual violence and sexual harassment on campus.

“When we’re apprised that sexual harassment (or sexual violence) has occurred, we don’t have an option; we have to respond to it,” says Sharon Nolan-Weiss, director of UB’s Office of Equity, Diversity and Inclusion—formerly the Office of Equity, Diversity and Affirmative Action Administration.

That obligation was underscored by President Satish K. Tripathi in an email sent on Wednesday to all UB employees reminding them of their “ethical responsibility to contribute to a campus climate that is a safe, secure place to live, learn, work and visit.”

“One of our most critical responsibilities as members of the university community is the obligation to promptly report suspected criminal activity and security concerns to the university police,” Tripathi said.

Nolan-Weiss explains that Title IX of the Education Amendments Act of 1972 requires colleges and universities to take effective action to stop incidents of sexual harassment and address their effects on campus.

And the Office for Civil Rights (OCR) in the U.S. Department of Education last April issued a “Dear Colleague” letter that specifically addressed the issue of sexual violence on college campuses and spelled out the obligations of faculty and staff when they are made aware of these situations.

“It’s pretty clear that they (OCR) expect colleges and universities to take effective action to stop harassment,” Nolan-Weiss says.

Moreover, the federal Clery Act requires university employees to report instances of sexual violence and other serious and violent crimes to the police.

Nolan-Weiss notes that most of the victims in these cases—college students—typically “don’t feel comfortable with complaining,” and may prefer to “just live with the situation rather than have it addressed.” This is true, she adds, for both sexual harassment and sexual violence—which, she points out, is a form of sexual harassment.

So instead of filing a formal complaint with University Police or some other “official” campus agency, victims of sexual harassment or sexual assault may say nothing at all, and the incident may not surface until the student shows signs of distress, such as losing focus or not attending class.

Or they may disclose such incidents to someone they trust, Nolan-Weiss says. “And for a lot of students, the public face of UB is their faculty, or their adviser, or their residence hall director.”

And if faculty and staff do learn of such incidents, they may be asked “not to tell.”

But once a faculty or staff member learns of such incidents, they—and the university—may have an obligation to respond, Nolan-Weiss says.

She admits the issues regarding reporting—what kinds of conduct must be reported and who legally is required to report—can be complicated ones, depending on whether the incident is viewed in terms of the Clery Act or Title IX or other applicable laws.

But in any event, “we (UB) take the view that there is a moral obligation” to report any such incident, she says.

She urged faculty and staff who learn of instances of sexual harassment or sexual violence on campus to call her office (645-2266) for consultation and advice, as well as University Police (645-2227) in cases of sexual violence.

“We will talk to people anonymously if they just want to bounce a situation off someone who has expertise. We are happy to do that,” she says. Reports of sexual violence also can be reported to University Police anonymously.

Nolan-Weiss says her office works to respond to issues of sexual harassment and sexual violence “in a way that is the most comfortable for the person who experiences that,” she says.

That response can come in a variety of ways, she says. These range from filing a report with University Police or Judicial Affairs, or a complaint with the Office of Equity, Diversity and Inclusion under UB’s Discrimination and Harassment Policy—regardless of whether the complainant chooses to pursue law enforcement action—to ensuring the student is protected in other ways. For example, steps may be taken to separate a student who may live in the same residence hall or attend the same class as the accused, or who need counseling or assistance in dealing with instructors, “like you would in any other case where you have something traumatic happen,” she says.

Nolan-Weiss calls the situation at Penn State “the ultimate example of what can happen when you don’t have a culture where (incidents) are brought to light, where you bring things forward and address them.”

“We really try to get information (to those who learn of instances of sexual harassment and sexual violence) so they don’t feel alone in handling these situations, which are really tough,” she says.

Nolan-Weiss encourages faculty and staff to familiarize themselves with UB’s Discrimination and Harassment Policy), which, she adds, is being amended to include an appendix on sexual violence. She also suggests that members of the university community complete the university’s online sexual harassment education program.

The new appendix on sexual violence will detail victims’ rights: In addition to having the right to go to the police and Judicial Affairs, she says, they also have the right to seek assistance from the Office of Equity, Diversity and Inclusion—even if they choose not to pursue other channels—and be assured their learning and work environments will be comfortable.

Nolan-Weiss stresses that faculty and staff who become aware of instances of sexual harassment and sexual violence “shouldn’t feel alone; they should feel there are people here (at UB) to help and there are confidential resources they can draw upon.”