Penn State panel calls for required reporting of sexual misconduct
Pennsylvania State University would require most of its employees - from janitors to professors and secretaries - to report allegations of sexual misconduct, under a recommendation from a university task force report being released Thursday.
Pennsylvania State University would require most of its employees - from janitors to professors and secretaries - to report allegations of sexual misconduct, under a recommendation from a university task force report being released Thursday.
But the employees could offer to refer a victim to a mental-health counselor or certain other staffers who could keep the story confidential.
The recommendation, one of 18 to emerge from the report on campus sexual assault and misconduct, would be unusual for so large a university, though it has been adopted by some smaller colleges.
But it's perhaps not unexpected at Penn State, which has been under intense scrutiny for more than three years, after employees were accused of not acting on allegations of child sex abuse against former assistant football coach Jerry Sandusky.
The rule, if adopted next month by president Eric Barron, would require most of the school's 34,000 employees to report to a campus official "all relevant details that have been disclosed to them about any alleged sexual misconduct, including the names of the person sharing the information and the alleged perpetrator, if those names are known."
An employee who failed to report an allegation could face disciplinary action. Currently, campus security authorities are required under the federal Clery Act to report sexual misconduct, but no other employees are, unless the misconduct involves a child or the workers are in a supervisory role that has certain expectations.
The proposal may stir reaction among advocacy groups that worry about the reluctance of victims to come forward.
"I was a person who expressed some concerns about that," said Melissa K. McCleery, a senior from Allentown majoring in women's studies, political science, and Spanish. "I think it can be intimidating for students sometimes [knowing] that if you disclose something, it could get handled in a way not consistent with your wishes."
But ultimately, said McCleery, who served on the task force, "it's a necessary piece to create an environment on campus in which these issues are not ignored."
And there are safeguards built in, she noted: The task force has recommended that employees be advised to tell victims they have an obligation to file a report and offer the referral to a mental-health counselor.
"The survivor is given a very specific choice," McCleery said, which allows some "control" over what happens next - important given the loss of power many victims feel after an attack.
Damon Sims, vice president for student affairs and chair of the task force, acknowledged that the recommendation "will be a change of some significance" and understands there may be concern.
"It's going to be complicated, and the key will be how well we do the training," Sims said.
The task force, established in July, also is recommending that all employees receive mandatory annual training about sexual assault.
Penn State is among a growing number of universities that are examining their practices in the wake of increased scrutiny over their handling of sexual assault and harassment.
More than 90 universities, including Penn State, are under review by the federal Education Department for their handling of sexual-assault cases. Some universities also are facing lawsuits by men who say they were falsely accused and disciplined.
In the first four months of the academic year, 13 students at Penn State's main campus and four at other campuses reported sexual misconduct, the task force stated. Last year, there were 24 reports on the main campus and one at a branch campus.
The task force also recommended that the university release annual or semiannual data on sexual misconduct on campus - more information than is required by federal law.
The panel called for a closer review of sanctions for sexual-misconduct violations, noting that some people reported to the task force that they did not feel the penalties were harsh enough.
It also found shortcomings in the hearing process for sexual-assault cases.
The panel recommended that students no longer serve on panels that hear cases and decide on sanctions. Only trained faculty and staff would fill that role. Also, an investigator would interview victims, the accused, and witnesses, then prepare a report for the panel. Now, the victim and the accused go before the panel and tell their stories.
Under the current system, "complainants must retell deeply troubling and highly personal stories multiple times, and do so before hearing panels composed of complete strangers," the task force found. "Inappropriate and inflammatory statements about students' prior sexual histories, emotional and psychological difficulties, or reputations may be made in a hearing before they can be stopped, thereby prejudicing decision-makers and inflicting more harm on the parties."
Under the new system, the victim and accused would have the right to review the investigator's report and make comments before it is submitted to the panel.
Among other recommendations in the Penn State task force report:
Starting this spring, regular student body surveys would be made about sexual assault.
A new hire would oversee all issues concerning Title IX, the federal law that prohibits discrimination on the basis of sex and requires universities to investigate sexual assaults.
"Bystander" training would be offered so employees and students can learn what to do if they see a potentially harmful situation, not just limited to sexual assault.
Sims said the task force has made the president aware of its recommendations.
"We have some confidence that a considerable portion of what we're recommending will be accepted," he said.
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