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by skystrife 3384 days ago
If this had occurred in the US (and the mentioned confidential conversation did in fact allege sexual misconduct), DJB would be in trouble:

> Within the University of Illinois System, ALL employees, unless specifically exempted, are “Responsible Employees” with the responsibility and authority to report sexual misconduct to their university's Title IX Coordinator. The only employees who are exempt from this reporting requirement are professional or pastoral counselors who provide work-related mental-health counseling, campus advocates who provide confidential victim assistance, and employees who are otherwise prohibited by law from disclosing information received in the course of providing professional care and treatment. Student and graduate employees are handled differently at each university. Please reference the Responsible Employee Resource Page under the "Portfolio" and Resources tabs. Please remember that all references to Responsible Employees are references to YOU and apply to you in your capacity as a university employee.

To me, this would mean that he is a mandatory reporter, and I am unaware of any scenario where you are freed from that obligation because it was a "confidential conversation".

The weird part comes in when you realize that (a) this is happening outside of the US, but (b) DJB likely has NSF grants, which require adherence to Title IX (this is what the author is referring to when he brings up Title IX training). But how does one enforce Title IX outside of the country in which it was passed?

2 comments

While its different in each country, I know that teachers and counselors can be required by law to personally report such crimes to the police. If I remember right, this is true for Sweden, which would in this case result in a police report and then no further actions or communications from the university (in order to allow the police to do a proper investigation without interference). If it is a student that is accused, then the university might not even be allowed to suspend the student, through the police can of course put the accused in holding if the police suspect a continuation of crimes or interference of the investigation.

Compared to the US system, I actually prefer this way since it puts the whole process into its proper place as soon as possible, and puts a form of common-sense approach when a university employee hear or witness a crime.

There's also a reasonable Tarasoff case here, given Jacob's extensive and ongoing history.
I know that education institutes in Sweden sometimes move students if they consider that the person is continuing disruption the education, through as with all of this, there need to be documentation that they tried multiple methods to correct the situation and still failed. Moving students is seen as a last-attempt.

In the case of Jacob, we don't see any of those actions. No police report or investigation. No claim that he is continuing acting disruptive to the university, nor that they have tried and failed to correct that behavior. Basically no events or documented actions of jacob after the point he left the tor project.

> But how does one enforce Title IX outside of the country in which it was passed?

The NSF is able to revoke the funding. I don't know if they've ever done that for a foreigner violating Title IX, however.