How to Handle Mandatory Reporting 
 

As a member of residence hall staff, you play many different roles.  Sometimes, however, those roles can come into conflict.  For instance, because you are a visible and trusted person in the community residents are likely to come to you for advice, assistance or support.  However, if a student discloses that they have been the victim of a crime, you as a staff member are required to report this information to CUPD. The duty to report can be upsetting and challenging for both residence hall staff and their residents.  This handout will provide some basic tips and information on how to handle mandatory reporting situations.  If you have further questions, please contact the Office of Victim Assistance (2-8855). 

Why do I have to report?

Colorado law makes it the duty of every person who has reasonable grounds to believe that a crime has been committed to report promptly the suspected crime to law enforcement authorities. It is the policy of UCB, that faculty, staff and student employees who are informed about a crime should contact the University Police Department (CUPD).  If the alleged perpetrator is a student, a supervisor is required to contact Judicial Affairs.  Staff in offices that hold legal confidentiality privileges (such as Office of Victim Assistance) are exempted from this reporting policy. 

What does this policy mean?

Because you are a member of housing staff you do not have confidentiality.  If a student comes to you and discloses information about being the victim of a crime you must:

1. Inform the student of your duty to report.
2. You may need to notify your supervisor.
3. Make the report to CUPD in an informed and thoughtful way.
   

How do I tell a resident that I have to report?

1.  Support First:  If a student discloses something you believe may be a crime, offer support first.  Let the student know that you are there to help them, don’t judge or blame. Acknowledge their experience and assure them that there are many resources they can access for support.

2.  Explain your Obligation to report: Explain to the resident that while you recognize they are dealing with a difficult situation, you have some reporting obligations.  Tell the resident that you are going to need to make a report to CUPD. 

What do I do if she/he gets upset?

The idea of reporting to CUPD may be upsetting to the resident.  The resident may fear that the situation will get out of control or that other people will find out.  Assure the resident that:

1.  They won’t lose all control:  The resident does not have to meet with CUPD.  Just because a report has to be given to CUPD does not mean that the resident has to pursue or engage in the criminal process.

2.  They can choose to have accompaniment when meeting with CUPD(or anyone else):  Victim Advocates who are experienced with legal, judicial and medical systems can be paged to accompany victims and victim-witnesses in all meetings.

3.  Only CUPD and possibly your supervisor will be informed:  Let the resident know that you will not disclose their information to anyone who does not need to know (such as friends, other residents, RA’s etc.)

4.  There are confidential resources to help her/him:  Provide the resident with numbers and information for the confidential offices on campus. 

Other Options:

I think I know where you are going with this…

If you suspect that a resident might be getting ready to tell you that they have been the victim of a crime you might consider doing the following:

1. Say to the resident:  “I think I know where you are going with this.  While I absolutely want to support and listen to you, I need to let you know that I may not be able to keep your information confidential.  If this is something that you don’t want anyone else to know about we can call somebody right now who is confidential.” Make sure you let the resident know that you want them to be heard!
2. If the resident agrees you can contact Victim Assistance 2-8855.  An advocate can meet with the resident in our offices, or come to you.

 

Don’t use names…

If a resident feels they cannot wait to talk to a confidential staff person you might ask the student to talk generally to you about the situation and encourage them to not give the names of the people involved.  You will still be required to report to CUPD but she/he will maintain a greater level of control over the situation.

Encourage the resident to make contact with a confidential office for support and resources.