Senate Bill 212 Reporting Requirements: FAQs

What must be reported? 

  • Incidents the employee believes constitutes sexual harassment, sexual assault, dating violence, or stalking and is alleged to have been committed by or against a person who was a student enrolled at, or an employee of the institution at the time of the incident, regardless of when (before or after January 1, 2020) or where (on or off campus) the incident occurred.

Who is required to report? 

  • All ACC employees who become aware of an incident during the course or scope of their job are required to report incidents of sexual harassment, sexual assault, dating violence, or stalking.

To whom do I report? 

  • The District Title IX Coordinator or a Title IX Deputy Coordinator.

How can I make a report? 

Can I report anonymously?  

  • No, individuals must provide their name when reporting, even when using the online form.

If I tell my supervisor, can he/she report on my behalf? 

  • The legal requirement attaches to the first person who becomes aware of the incident.  So, a supervisor may assist an employee in making a report, but cannot make the report on your behalf.  If an employee shares a report with the supervisor, the employee will need evidence that a report was made to the District Title IX Coordinator or Title IX Deputy Coordinator.

Do I have to report something that happened to me? 

  • No, victims of sexual harassment, sexual assault, dating violence, or stalking are not required to report something that happened to them personally. 

I’m a faculty member, do I have to report?

  • Yes, in addition to being responsible employees under Title IX, all faculty are employees of the institution and are required to report under SB 212.

Do I have to report something I hear about outside of work? 

  • No, but we encourage reporting to assist ACC students and employees no matter where or when you heard about the situation.  We are here to help and to promote safety and well-being.

What if I am unsure if the conduct is reportable? 

  • Report it and the Compliance Office will take it from there.  We will never turn someone away for reporting.  If the topic is not under our purview, we will direct it to the right person.

What happens if I don’t report? 

  • ACC is required to terminate employees if it is determined they knowingly failed to report or knowingly provided a false report.  Violations of this nature could also result in misdemeanor criminal charges should the college choose to pursue criminal action.

If someone else reported the same incident, do I still have to report? 

  • Yes, the legal requirement attaches to the first person who becomes aware of the incident.  Even if you believe a witness has reported the incident, you must still check with Compliance to ensure that you are complying with the law.  An easy way to do this is to send an email to Charlene Buckley, District Title IX Coordinator.

When do I need to make my report? 

  • The law says an employee must promptly report to the Title IX Officer or District Title IX Coordinator.  ACC has defined promptly as within 1 business day after receipt of the report.

If something happened prior to the law going into effect (Jan. 1, 2020), do I need to report it? 

  • Yes, you are required to report anything reported to you on or after January 1, 2020, regardless of when (before or after January 1, 2020) or where (on or off campus) the incident occurred.

What happens after I make a report? 

  • The Compliance Office reaches out to victims to provide legally required resources and information regarding policies and procedural options.  SB 212 is a reporting protocol.  This law in no way changes how the Compliance Office functions regarding the resolution of harassment and discrimination concerns.  Safety is the top priority.  Victims are never required to file a formal complaint with the Compliance Office or the Police.
  • Retaliation is prohibited under SB 212.  A postsecondary educational institution may not discipline or otherwise discriminate against an employee who in good faith, makes a report as required by the law or cooperates with an investigation, a disciplinary process or a judicial proceeding relating to a report made by the employee as required by SB 212.
  • For more information regarding retaliation concerns and other compliance office resources and procedures, please see our Guide.

What if a student or employee wants the information to remain confidential?

  • You may refer a student to the Clinical Counseling team for a campus clinician appointment; the clinical counselors are the only confidential resources for students at ACC.  However, you are still required to report the information to Title IX to ensure your legal compliance.  State law requires that employees indicate in the report if a student requests confidentiality, so please indicate if a student requests confidentiality when you submit a report.

What if an individual reports something that happened prior to their being affiliated with ACC – Do I have to report it? 

  • No, only reports about incidents involving students enrolled and employees at the institution at the time of the incident are required to be reported.

What about issues not required under SB 212 (sexual exploitation, domestic violence, sex or gender-based discrimination)? 

  • As a Responsible Employee under federal Title IX law, all supervisors, faculty, and police at ACC are required to report all incidents of sexual misconduct to the Compliance Office. 

Are there any exclusions for reporting? 

  • Federal work study students are not required to report.  Reports received from public awareness events (i.e. Take Back the Night) are not required.  Clinical counselors for students are not required to report identifying information. All other employees are required to make a report.

Will there be training for employees? 

  • Yes, training will be forthcoming from the Compliance Office.  Employees will be notified when this training will be available.